HF 1591

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/23/2015 04:00pm

A bill for an act
relating to education innovation; providing for education policy including
educator preparation, licensure, and accountability, statewide standards
and student assessments, educating students and young children, education
programs, special education, charter schools, general education, libraries, other
facilities, and technology, and state agencies; appropriating money; amending
Minnesota Statutes 2014, sections 16A.103, subdivision 1c; 120A.41; 120B.02,
subdivision 2; 120B.021, subdivision 4; 120B.022, subdivisions 1, 1a, 1b;
120B.024, subdivision 2; 120B.11, subdivision 1a; 120B.12, subdivision 4a;
120B.125; 120B.13, subdivision 4; 120B.30, subdivisions 1, 1a, 3; 120B.31,
subdivision 4; 120B.36, subdivision 1; 122A.09, subdivision 4, by adding
subdivisions; 122A.14, subdivision 3, by adding a subdivision; 122A.18,
subdivision 2; 122A.20, subdivision 1; 122A.21, subdivision 2; 122A.23;
122A.245, subdivisions 1, 3, 7; 122A.25; 122A.30; 122A.31, subdivisions 1, 2;
122A.40, subdivisions 5, 8, 10, 11; 122A.41, subdivisions 2, 5, 14; 122A.414,
subdivision 2; 122A.60, subdivision 1a; 122A.61, subdivision 1; 122A.69;
122A.70, subdivision 1; 123A.24, subdivision 1; 123A.75, subdivision 1;
123B.77, subdivision 3; 123B.88, subdivision 1; 124D.09, subdivisions 5, 5a, 8,
9, 12; 124D.091, subdivision 1; 124D.10, subdivisions 1, 3, 4, 8, 9, 12, 14, 23, by
adding a subdivision; 124D.11, subdivision 9; 124D.121; 124D.122; 124D.126,
subdivision 1; 124D.127; 124D.128, subdivision 1; 124D.13, subdivision 4;
124D.165, subdivisions 2, 3, 4, by adding subdivisions; 124D.50, by adding a
subdivision; 124D.73, subdivisions 3, 4; 124D.74, subdivisions 1, 3, 6; 124D.75,
subdivisions 1, 3, 9; 124D.76; 124D.78; 124D.79, subdivisions 1, 2; 124D.791,
subdivision 4; 125A.01; 125A.023, subdivisions 3, 4; 125A.027; 125A.08;
125A.085; 125A.0942, subdivision 3; 125A.21; 125A.28; 125A.63, subdivisions
2, 3, 4, 5; 125A.75, subdivision 9; 125B.26, subdivision 2; 126C.10, subdivision
13a; 126C.13, subdivisions 3a, 4; 126C.15, subdivision 1; 126C.17, subdivisions
1, 2; 126C.48, subdivision 8; 127A.05, subdivision 6; 127A.49, subdivision
1; 127A.70, subdivision 1; 134.20, subdivision 2; 135A.101, by adding a
subdivision; 179A.20, by adding a subdivision; Laws 2013, chapter 116, article
2, section 20, subdivision 3; Laws 2014, chapter 312, article 16, section 15;
proposing coding for new law in Minnesota Statutes, chapter 125A; repealing
Minnesota Statutes 2014, sections 120B.128; 120B.35, subdivision 5; 122A.40,
subdivision 11; 125A.63, subdivision 1; 126C.12, subdivision 6; 126C.41,
subdivision 1; Minnesota Rules, part 3500.1000.

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

ARTICLE 1

EDUCATOR PREPARATION, LICENSURE, AND ACCOUNTABILITY

Section 1.

Minnesota Statutes 2014, section 122A.09, subdivision 4, is amended to read:

Subd. 4.

License and rules.

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

(b) The board must adopt rules requiring a person to pass a new text begin college-level new text end skills
examination in reading, writing, and mathematics or attain either deleted text begin a composite score
composed of the average of the deleted text end new text begin essentially equivalent passing new text end scores in English and
writing, reading, and mathematics on the ACT Plus Writing recommended by the board,
or deleted text begin an equivalent composite score composed of the average of the deleted text end new text begin essentially equivalent
passing new text end scores in critical reading, mathematics, and writing on the SAT recommended
by the board, as a requirement for initial teacher licensure, except that the board may
issue up to two temporary, one-year teaching licenses to an otherwise qualified candidate
who has not yet passed the new text begin college-level new text end skills exam or attained deleted text begin the requisite composite
score deleted text end new text begin essentially equivalent passing scores new text end on the ACT Plus Writing or SAT. Such rules
must require college and universities offering a board-approved teacher preparation
program to provide remedial assistance to persons who did not achieve a qualifying
score on the new text begin college-level new text end skills examination or attain deleted text begin the requisite composite score deleted text end
new text begin essentially equivalent passing scores new text end on the ACT Plus Writing or SAT, including those
for whom English is a second language. The requirement to pass a reading, writing,
and mathematics new text begin college-level new text end skills examination or attain deleted text begin the requisite composite score deleted text end
new text begin essentially equivalent passing scores new text end on the ACT Plus Writing or SAT does not apply to
nonnative English speakers, as verified by qualified Minnesota school district personnel
or Minnesota higher education faculty, who, after meeting the content and pedagogy
requirements under this subdivision, apply for a teaching license to provide direct
instruction in their native language or world language instruction under section 120B.022,
subdivision 1. A teacher candidate's official ACT Plus Writing or SAT composite score
report to the board must not be more than ten years old at the time of licensure.

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

(d) The board must provide the leadership and adopt rules for the redesign of teacher
education programs to implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective. new text begin Among other components,
teacher preparation programs are encouraged to provide a school-year-long student
teaching program that combines clinical opportunities with academic coursework and
in-depth student teaching experiences to offer students ongoing mentorship, coaching
and assessment, help to prepare a professional development plan, and structured
learning experiences. new text end The board shall implement new systems of teacher preparation
program evaluation to assure program effectiveness based on proficiency of graduates in
demonstrating attainment of program outcomes. Teacher preparation programs including
alternative teacher preparation programs under section 122A.245, among other programs,
must include a content-specific, board-approved, performance-based assessment that
measures teacher candidates in three areas: planning for instruction and assessment;
engaging students and supporting learning; and assessing student learning. The board's
redesign rules must include creating flexible, specialized teaching licenses, credentials,
and other endorsement forms to increase students' participation in language immersion
programs, world language instruction, career development opportunities, work-based
learning, early college courses and careers, career and technical programs, Montessori
schools, and project and place-based learning, among other career and college ready
learning offerings.

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

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

(g) The board must grant licenses to interns and to candidates for initial licenses
based on appropriate professional competencies that are aligned with the board's licensing
system and students' diverse learning needs. All teacher candidates must have preparation
in English language development and content instruction for English learners in order to be
able to effectively instruct the English learners in their classrooms. The board must include
these licenses in a statewide differentiated licensing system that creates new leadership
roles for successful experienced teachers premised on a collaborative professional culture
dedicated to meeting students' diverse learning needs in the 21st century, recognizes the
importance of cultural and linguistic competencies, including the ability to teach and
communicate in culturally competent and aware ways, and formalizes mentoring and
induction for newly licensed teachers provided through a teacher support framework.

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

(i) The board must receive recommendations from local committees as established
by the board for the renewal of teaching licenses. The board must require licensed teachers
who are renewing a continuing license to include in the renewal requirements further
preparation in English language development and specially designed content instruction
in English for English learners.

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

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

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

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

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

new text begin (o) The board must adopt rules by January 1, 2016, to license applicants under
sections 122A.23 and 122A.245. The rules must permit applicants to demonstrate their
qualifications through the board's recognition of a teaching license from another state
in a similar content field, completion of a state-approved teacher preparation program,
teaching experience as the teacher of record in a similar licensure field, depth of content
knowledge, depth of content methods or general pedagogy, subject-specific professional
development and contribution to the field, or classroom performance as determined by
documented student growth on normed assessments or documented effectiveness on
evaluations. The rules must adopt criteria for determining a "similar content field" and
"similar licensure area."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all candidates seeking initial teacher licensure, including those holding a
temporary, one-year teaching license.
new text end

Sec. 2.

Minnesota Statutes 2014, section 122A.09, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Teacher and administrator preparation and performance data;
report. new text end

new text begin (a) The Board of Teaching and the Board of School Administrators, in cooperation
with the Minnesota Association of Colleges of Teacher Education and Minnesota colleges
and universities offering board-approved teacher or administrator preparation programs,
annually must collect and report summary data on teacher and administrator preparation
and performance outcomes, consistent with this subdivision. The Board of Teaching
and the Board of School Administrators annually by June 1 must update and post the
reported summary preparation and performance data on teachers and administrators from
the preceding school years on a Web site hosted jointly by the boards.
new text end

new text begin (b) Publicly reported summary data on teacher preparation programs must include:
student entrance requirements for each Board of Teaching-approved program, including
grade point average for enrolling students in the preceding year; the average college-level
skills examination or ACT or SAT scores of students entering the program in the preceding
year; summary data on faculty qualifications, including at least the content areas of faculty
undergraduate and graduate degrees and their years of experience either as kindergarten
through grade 12 classroom teachers or school administrators; the average time resident
and nonresident program graduates in the preceding year needed to complete the program;
the current number and percent of students by program who graduated, received a standard
Minnesota teaching license, and were hired to teach full time in their licensure field in a
Minnesota district or school in the preceding year; the number of content area credits and
other credits by undergraduate program that students in the preceding school year needed
to complete to graduate; students' pass rates on skills and subject matter exams required for
graduation in each program and licensure area in the preceding school year; survey results
measuring student and graduate satisfaction with the program in the preceding school
year; a standard measure of the satisfaction of school principals or supervising teachers
with the student teachers assigned to a school or supervising teacher; and information
under paragraphs (d) and (e). Program reporting must be consistent with subdivision 11.
new text end

new text begin (c) Publicly reported summary data on administrator preparation programs
approved by the Board of School Administrators must include: summary data on faculty
qualifications, including at least the content areas of faculty undergraduate and graduate
degrees and their years of experience either as kindergarten through grade 12 classroom
teachers or school administrators; the average time program graduates in the preceding
year needed to complete the program; the current number and percent of students who
graduated, received a standard Minnesota administrator license, and were employed as an
administrator in a Minnesota school district or school in the preceding year; the number of
credits by graduate program that students in the preceding school year needed to complete
to graduate; survey results measuring student, graduate, and employer satisfaction with
the program in the preceding school year; and information under paragraphs (f) and (g).
Program reporting must be consistent with section 122A.14, subdivision 10.
new text end

new text begin (d) School districts annually by October 1 must report to the Board of Teaching
the following information for all teachers who finished the probationary period and
accepted a continuing contract position with the district from September 1 of the previous
year through August 31 of the current year: the effectiveness category or rating of the
teacher on the summative evaluation under section 122A.40, subdivision 8, or 122A.41,
subdivision 5; the licensure area in which the teacher primarily taught during the
three-year evaluation cycle; and the teacher preparation program preparing the teacher in
the teacher's primary areas of instruction and licensure.
new text end

new text begin (e) School districts annually by October 1 must report to the Board of Teaching the
following information for all probationary teachers in the district who were released or
whose contracts were not renewed from September 1 of the previous year through August
31 of the current year: the licensure areas in which the probationary teacher taught; and
the teacher preparation program preparing the teacher in the teacher's primary areas of
instruction and licensure.
new text end

new text begin (f) School districts annually by October 1 must report to the Board of School
Administrators the following information for all school principals and assistant principals
who finished the probationary period and accepted a continuing contract position with the
district from September 1 of the previous year through August 31 of the current year: the
effectiveness category or rating of the principal or assistant principal on the summative
evaluation under section 123B.147, subdivision 3; and the principal preparation program
providing instruction to the principal or assistant principal.
new text end

new text begin (g) School districts annually by October 1 must report to the Board of School
Administrators all probationary school principals and assistant principals in the district
who were released or whose contracts were not renewed from September 1 of the previous
year through August 31 of the current year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 3.

Minnesota Statutes 2014, section 122A.09, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Teacher preparation program reporting. new text end

new text begin By December 31, 2018, and
annually thereafter, the Board of Teaching shall report and publish on its Web site the
cumulative summary results of at least three consecutive years of data reported to the board
under subdivision 4a, paragraph (b). Where the data are sufficient to yield statistically
reliable information and the results would not reveal personally identifiable information
about an individual teacher, the board shall report the data by teacher preparation program.
new text end

Sec. 4.

Minnesota Statutes 2014, section 122A.14, subdivision 3, is amended to read:

Subd. 3.

Rules for continuing education requirements.

The board shall
adopt rules establishing continuing education requirements that promote continuous
improvement and acquisition of new and relevant skills by school administrators.
Continuing education programs, among other things, must provide school administrators
with information and training about building coherent and effective English learner
strategies that include relevant professional development, accountability for student
progress, students' access to the general curriculum, and sufficient staff capacity to effect
these strategies. deleted text begin A retired school principal who serves as a substitute principal or assistant
principal for the same person on a day-to-day basis for no more than 15 consecutive
school days is not subject to continuing education requirements as a condition of serving
as a substitute principal or assistant principal.
deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2014, section 122A.14, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Principal preparation program reporting. new text end

new text begin By December 31, 2018, and
annually thereafter, the Board of School Administrators shall report and publish on its
Web site the cumulative summary results of three years of data reported to the board under
section 122A.09, subdivision 4a, paragraph (c), for each principal preparation program.
new text end

Sec. 6.

Minnesota Statutes 2014, section 122A.18, subdivision 2, is amended to read:

Subd. 2.

Teacher and support personnel qualifications.

(a) The Board of
Teaching must issue licenses under its jurisdiction to persons the board finds to be
qualified and competent for their respective positions new text begin , including those who meet the
standards adopted under section 122A.09, subdivision 4, paragraph (o) new text end .

(b) The board must require a person to pass an examination of new text begin college-level new text end skills
in reading, writing, and mathematics or attain either deleted text begin a composite score composed of the deleted text end
deleted text begin average of deleted text end the new text begin passing new text end scores in English and writing, reading, and mathematics on the ACT
Plus Writing recommended by the board, or deleted text begin an deleted text end equivalent deleted text begin composite score composed deleted text end deleted text begin of
the average of the deleted text end new text begin passing new text end scores in critical reading, mathematics, and writing on the SAT
recommended by the board, before being granted an initial teaching license to provide
direct instruction to pupils in prekindergarten, elementary, secondary, or special education
programs, except that the board may issue up to two temporary, one-year teaching licenses
to an otherwise qualified candidate who has not yet passed the new text begin college-level new text end skills exam or
attained deleted text begin the requisite composite score deleted text end new text begin essentially equivalent passing scores new text end on the ACT
Plus Writing or SAT. The board must require colleges and universities offering a board
approved teacher preparation program to make available upon request remedial assistance
that includes a formal diagnostic component to persons enrolled in their institution who
did not achieve a qualifying score on the new text begin college-level new text end skills examination or attain deleted text begin the
requisite composite deleted text end ACT Plus Writing or SAT deleted text begin score deleted text end new text begin essentially equivalent passing scores new text end ,
including those for whom English is a second language. The colleges and universities
must make available assistance in the specific academic areas of candidates' deficiency.
School districts may make available upon request similar, appropriate, and timely remedial
assistance that includes a formal diagnostic component to those persons employed by the
district who completed their teacher education program, who did not achieve a qualifying
score on the new text begin college-level new text end skills examination, or attain deleted text begin the requisite composite deleted text end ACT Plus
Writing or SAT deleted text begin score deleted text end new text begin essentially equivalent passing scores new text end , and who received a temporary
license to teach in Minnesota. The Board of Teaching shall report annually to the education
committees of the legislature on the total number of teacher candidates during the most
recent school year taking the new text begin college-level new text end skills examination, the number who achieve a
qualifying score on the examination, the number who do not achieve a qualifying score
on the examination, the distribution of all candidates' scores, deleted text begin the number of candidates
who have taken the examination at least once before, and the number of candidates who
have taken the examination at least once before and achieve a qualifying score, deleted text end and the
candidates who have not attained deleted text begin the requisite composite deleted text end ACT Plus Writing or SAT deleted text begin score deleted text end
new text begin essentially equivalent passing scores new text end or have not passed a content or pedagogy exam,
disaggregated by categories of race, ethnicity, and eligibility for financial aid.

(c) The Board of Teaching must grant continuing licenses only to those persons
who deleted text begin have met deleted text end new text begin meet new text end board criteria for granting a continuing license, which includes
passing the new text begin college-level new text end skills examination in reading, writing, and mathematics or
attaining deleted text begin the requisite composite deleted text end ACT Plus Writing or SAT deleted text begin score deleted text end new text begin essentially equivalent
passing scores new text end consistent with paragraph (b), and the exceptions in section 122A.09,
subdivision 4, paragraph (b), that are consistent with this paragraph. The requirement to
pass a reading, writing, and mathematics new text begin college-level new text end skills examination, or attain deleted text begin the
requisite composite score deleted text end new text begin essentially equivalent passing scores new text end on the ACT Plus Writing
or SAT does not apply to nonnative English speakers, as verified by qualified Minnesota
school district personnel or Minnesota higher education faculty, who, after meeting the
content and pedagogy requirements under this subdivision, apply for a teaching license to
provide direct instruction in their native language or world language instruction under
section 120B.022, subdivision 1. A teacher candidate's official ACT Plus Writing or SAT
deleted text begin composite score deleted text end new text begin passing scores new text end report to the board must not be more than ten years old
at the time of licensure.

(d) All colleges and universities approved by the board of teaching to prepare persons
for teacher licensure must include in their teacher preparation programs a common core
of teaching knowledge and skills to be acquired by all persons recommended for teacher
licensure. Among other requirements, teacher candidates must demonstrate the knowledge
and skills needed to provide appropriate instruction to English learners to support and
accelerate their academic literacy, including oral academic language, and achievement in
content areas in a regular classroom setting. This common core shall meet the standards
developed by the interstate new teacher assessment and support consortium in its 1992
"model standards for beginning teacher licensing and development." Amendments to
standards adopted under this paragraph are covered by chapter 14. The board of teaching
shall report annually to the education committees of the legislature on the performance
of teacher candidates on common core assessments of knowledge and skills under this
paragraph during the most recent school year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all candidates seeking initial teacher licensure, including those holding a
temporary, one-year teaching license.
new text end

Sec. 7.

Minnesota Statutes 2014, section 122A.20, subdivision 1, is amended to read:

Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The Board of
Teaching or Board of School Administrators, whichever has jurisdiction over a teacher's
licensure, may, on the written complaint of the school board employing a teacher, a teacher
organization, or any other interested person, refuse to issue, refuse to renew, suspend, or
revoke a teacher's license to teach for any of the following causes:

(1) immoral character or conduct;

(2) failure, without justifiable cause, to teach for the term of the teacher's contract;

(3) gross inefficiency or willful neglect of duty;

(4) failure to meet licensure requirements; or

(5) fraud or misrepresentation in obtaining a license.

The written complaint must specify the nature and character of the charges.

(b) The Board of Teaching or Board of School Administrators, whichever
has jurisdiction over a teacher's licensure, shall refuse to issue, refuse to renew, or
automatically revoke a teacher's license to teach without the right to a hearing upon
receiving a certified copy of a conviction showing that the teacher has been convicted
of child abuse, as defined in section 609.185, new text begin sex trafficking in the first degree under
section 609.322, subdivision 1, sex trafficking in the second degree under section 609.322,
subdivision 1a, engaging in hiring, or agreeing to hire a minor to engage in prostitution
under section 609.324, subdivision 1, new text end sexual abuse under section 609.342, 609.343,
609.344, 609.345, 609.3451, subdivision 3, or 617.23, subdivision 3, new text begin solicitation of
children to engage in sexual conduct or communication of sexually explicit materials
to children under section 609.352, interference with privacy under section 609.746 or
stalking under section 609.749 and the victim was a minor, new text end using minors in a sexual
performance under section 617.246, deleted text begin or deleted text end possessing pornographic works involving a minor
under section 617.247, new text begin or any other offense not listed in this paragraph that requires the
person to register as a predatory offender under section 243.166, new text end or new text begin a crime new text end under a similar
law of another state or the United States. The board shall send notice of this licensing
action to the district in which the teacher is currently employed.

(c) A person whose license to teach has been revoked, not issued, or not renewed
under paragraph (b), may petition the board to reconsider the licensing action if the
person's conviction for child abuse or sexual abuse is reversed by a final decision of the
Court of Appeals or the Supreme Court or if the person has received a pardon for the
offense. The petitioner shall attach a certified copy of the appellate court's final decision or
the pardon to the petition. Upon receiving the petition and its attachment, the board shall
schedule and hold a disciplinary hearing on the matter under section 214.10, subdivision 2,
unless the petitioner waives the right to a hearing. If the board finds that, notwithstanding
the reversal of the petitioner's criminal conviction or the issuance of a pardon, the
petitioner is disqualified from teaching under paragraph (a), clause (1), the board shall
affirm its previous licensing action. If the board finds that the petitioner is not disqualified
from teaching under paragraph (a), clause (1), it shall reverse its previous licensing action.

(d) For purposes of this subdivision, the Board of Teaching is delegated the authority
to suspend or revoke coaching licenses.

Sec. 8.

Minnesota Statutes 2014, section 122A.21, subdivision 2, is amended to read:

Subd. 2.

Licensure via portfolio.

(a) An eligible candidate may use licensure
via portfolio to obtain an initial licensure or to add a licensure field, consistent with deleted text begin the deleted text end
applicable Board of Teaching licensure rules.

(b) A candidate for initial licensure must submit to the Educator Licensing Division
at the department one portfolio demonstrating pedagogical competence and one portfolio
demonstrating content competence.

(c) A candidate seeking to add a licensure field must submit to the Educator
Licensing Division at the department one portfolio demonstrating content competence.

(d) new text begin The Board of Teaching must notify a candidate who submits a portfolio under
paragraph (b) or (c) within 90 calendar days after the portfolio is received whether or not
the portfolio was approved. If the portfolio was not approved, the board must immediately
inform the candidate how to revise the portfolio to successfully demonstrate the requisite
competence. The candidate may resubmit a revised portfolio at any time and the Educator
Licensing Division at the department must approve or disapprove the portfolio within
60 calendar days of receiving it.
new text end

new text begin (e) new text end A candidate must pay to the executive secretary of the Board of Teaching a
$300 fee for the first portfolio submitted for review and a $200 fee for any portfolio
submitted subsequently. The fees must be paid to the executive secretary of the Board of
Teaching. The revenue generated from the fee must be deposited in an education licensure
portfolio account in the special revenue fund. The fees set by the Board of Teaching are
nonrefundable for applicants not qualifying for a license. The Board of Teaching may
waive or reduce fees for candidates based on financial need.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to all portfolios submitted to the Educator Licensing Division at the department
after that date.
new text end

Sec. 9.

Minnesota Statutes 2014, section 122A.23, is amended to read:

122A.23 APPLICANTS TRAINED IN OTHER STATES.

Subdivision 1.

Preparation equivalency.

When a license to teach is authorized to
be issued to any holder of a diploma or a degree of a Minnesota state university, or of the
University of Minnesota, or of a liberal arts university, or a technical training institution,
such license may also, in the discretion of the Board of Teaching or the commissioner of
education, whichever has jurisdiction, be issued to any holder of a diploma or a degree
of a teacher training institution of equivalent rank and standing of any other state. The
diploma or degree must be granted by virtue of completing deleted text begin a course deleted text end new text begin coursework new text end in teacher
preparation deleted text begin essentially equivalent in content to that required by such Minnesota state
university or the University of Minnesota or a liberal arts university in Minnesota or a
technical training institution deleted text end as preliminary to the granting of a diploma or a degree of the
same rank and class. For purposes of granting a Minnesota teaching license to a person
who receives a diploma or degree from a state-accredited, out-of-state teacher training
program leading to licensure, the Board of Teaching must establish criteria and streamlined
procedures new text begin by January 1, 2016, new text end to recognize the experience and professional credentials of
the person holding the out-of-state diploma or degree and allow that person to demonstrate
to the board the person's qualifications for receiving a Minnesota teaching license based
on performance measures the board adopts new text begin by January 1, 2016, new text end under this section.

Subd. 2.

Applicants licensed in other states.

(a) Subject to the requirements
of sections 122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue a
teaching license or a temporary teaching license under paragraphs deleted text begin (b) deleted text end new text begin (c) new text end to deleted text begin (e) deleted text end new text begin (f) new text end to an
applicant who holds at least a baccalaureate degree from a regionally accredited college
or university and holds or held deleted text begin a similar deleted text end new text begin an new text end out-of-state teaching license that requires the
applicant to successfully complete a teacher preparation program approved by the issuing
state, which includes new text begin either (1) new text end field-specific teaching methods deleted text begin and deleted text end new text begin , new text end student teaching new text begin , new text end or
deleted text begin essentially deleted text end equivalent experience new text begin , or (2) at least two years of teaching experience as the
teacher of record in a similar licensure field new text end .

(b) new text begin The Board of Teaching may issue a standard license on the basis of teaching
experience and examination requirements only.
new text end

new text begin (c) new text end The Board of Teaching must issue a teaching license to an applicant who:

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

(2) holds or held an out-of-state teaching license to teach deleted text begin the same deleted text end new text begin a similar new text end content
field and grade levels if the scope of the out-of-state license is no more than two grade
levels less than a similar Minnesota license new text begin , and either (i) has completed field-specific
teaching methods, student teaching, or equivalent experience, or (ii) has at least two years
of teaching experience as the teacher of record in a similar licensure field new text end .

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

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

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

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

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

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

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

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

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

deleted text begin (g) deleted text end new text begin (h) new text end The Board of Teaching deleted text begin must not deleted text end new text begin may new text end issue a license under this subdivision if
the applicant has deleted text begin not deleted text end attained the additional degrees, credentials, or licenses required in
a particular licensure field new text begin and the applicant can demonstrate competency by obtaining
qualifying scores on the college-level skills examination in reading, writing, and
mathematics or demonstrating attainment of essentially equivalent passing scores on the
ACT Plus Writing or SAT, and on applicable board-approved rigorous content area and
pedagogy examinations under section 122A.09, subdivision 4, paragraphs (a) and (e) new text end .

deleted text begin (h) deleted text end new text begin (i) new text end The Board of Teaching must require an applicant for a teaching license
or a temporary teaching license under this subdivision to pass a new text begin college-level new text end skills
examination in reading, writing, and mathematics or demonstrate, consistent with section
122A.09, subdivision 4, the applicant's attainment of either deleted text begin the requisite composite deleted text end ACT
Plus Writing or SAT deleted text begin score deleted text end new text begin essentially equivalent passing scores new text end before the board issues
the license unless, notwithstanding other provisions of this subdivision, an applicable
board-approved National Association of State Directors of Teacher Education interstate
reciprocity agreement exists to allow fully certified teachers from other states to transfer
their certification to Minnesota.

new text begin Subd. 3. new text end

new text begin Teacher licensure agreements with adjoining states. new text end

new text begin (a) Notwithstanding
other law to the contrary, the Board of Teaching must enter into interstate agreements for
teacher licensure to allow fully certified teachers from adjoining states to transfer their
certification to Minnesota and receive a full, five-year continuing teaching license without
having to complete any additional exams or other preparation requirements. The board
must enter into these interstate agreements only after determining that the rigor of the
teacher licensure or certification requirements in the adjoining state is commensurate with
the rigor of Minnesota's teacher licensure requirements. The board may limit an interstate
agreement to particular content fields or grade levels based on established priorities or
identified shortages. This subdivision does not apply to out-of-state applicants holding
only a provisional teaching license.
new text end

new text begin (b) The Board of Teaching is strongly encouraged to work with designated
authorities in adjoining states to establish reciprocal interstate teacher licensure
agreements under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015.
new text end

Sec. 10.

Minnesota Statutes 2014, section 122A.245, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) To improve academic excellence, improve ethnic
and cultural diversity in the classroom, and close the academic achievement gap, the
Board of Teaching must approve qualified teacher preparation programs under this section
that are a means to acquire a two-year limited-term license, which the board may renew
one time for an additional one-year term, and to prepare for acquiring a standard license.
The following entities are eligible to participate under this section:

(1) a school district deleted text begin or deleted text end new text begin , new text end charter school new text begin , or nonprofit corporation organized under
chapter 317A for an education-related purpose new text end that forms a partnership with a college or
university that has a board-approved alternative teacher preparation program; or

(2) a school district deleted text begin or deleted text end new text begin , new text end charter school, new text begin or nonprofit corporation organized under
chapter 317A for an education-related purpose new text end after consulting with a college or university
with a board-approved teacher preparation program deleted text begin , that forms a partnership with a
nonprofit corporation organized under chapter 317A for an education-related purpose that
has a board-approved teacher preparation program deleted text end .

(b) Before deleted text begin participating in this program deleted text end new text begin becoming a teacher of record new text end , a candidate
must:

(1) have a bachelor's degree with a 3.0 or higher grade point average unless the
board waives the grade point average requirement based on board-adopted criteria new text begin adopted
by January 1, 2016 new text end ;

(2) pass the reading, writing, and mathematics new text begin college-level new text end skills examination under
section 122A.09, subdivision 4, paragraph (b) new text begin , or demonstrate attainment of either ACT
Plus Writing or SAT essentially equivalent passing scores new text end ; and

(3) obtain qualifying scores on applicable board-approved rigorous content area and
pedagogy examinations under section 122A.09, subdivision 4, paragraph (e).

(c) The Board of Teaching must issue a two-year limited-term license to a person
who enrolls in an alternative teacher preparation program. new text begin This limited term license is not
a provisional license under section 122A.40 or 122A.41.
new text end

Sec. 11.

Minnesota Statutes 2014, section 122A.245, subdivision 3, is amended to read:

Subd. 3.

Program approval; disapproval.

(a) The Board of Teaching must approve
alternative teacher preparation programs under this section based on board-adopted
criteria that reflect best practices for alternative teacher preparation programs, consistent
with this section.

new text begin (b) new text end The board must permit teacher candidates to demonstrate mastery of pedagogy
and content standards in school-based settings and through other nontraditional means. new text begin
"Nontraditional means" must include a portfolio of previous experiences, teaching
experience, educator evaluations, certifications marking the completion of education
training programs, and essentially equivalent demonstrations.
new text end

new text begin (c) The board must use nontraditional criteria to determine the qualifications of
program instructors.
new text end

new text begin (d) The board may permit instructors to hold a baccalaureate degree only.
new text end

deleted text begin (b) deleted text end new text begin (e) new text end If the Board of Teaching determines that a teacher preparation program under
this section does not meet the requirements of this section, it may revoke its approval
of the program after it notifies the program provider of any deficiencies and gives the
program provider an opportunity to remedy the deficiencies.

Sec. 12.

Minnesota Statutes 2014, section 122A.245, subdivision 7, is amended to read:

Subd. 7.

Standard license.

The Board of Teaching must issue a standard license
to an otherwise qualified teacher candidate under this section who successfully performs
throughout a program under this section, deleted text begin successfully completes all required deleted text end new text begin obtains
qualifying scores on applicable board-approved rigorous new text end new text begin college-level new text end skills, pedagogy,
and content area examinations under section 122A.09, subdivision 4, paragraphs (a) and
(e), and is recommended for licensure under subdivision 5 or successfully demonstrates to
the board qualifications for licensure under subdivision 6.

Sec. 13.

Minnesota Statutes 2014, section 122A.25, is amended to read:

122A.25 NONLICENSED COMMUNITY EXPERTS; VARIANCE.

Subdivision 1.

Authorization.

Notwithstanding any law new text begin , Board of Teaching rule, new text end or
commissioner of education rule to the contrary, deleted text begin the Board of Teaching may allow deleted text end school
districts or charter schools deleted text begin to deleted text end new text begin may new text end hire nonlicensed community experts to teach in the
public schools or charter schools on a limited basis according to this section new text begin after making
efforts to obtain acceptable licensed teachers for the particular course or subject area,
consistent with subdivision 2, clause (3). A school district or charter school must notify a
student's parent or guardian before placing the student in the classroom of a nonlicensed
community expert hired by the district or school to provide instruction under this section new text end .

Subd. 2.

deleted text begin Applications deleted text end new text begin Reports new text end ; criteria.

The school district or charter school
shall deleted text begin apply deleted text end new text begin report new text end to the Board of Teaching deleted text begin for approval deleted text end new text begin when it uses a variance new text end to hire
nonlicensed teaching personnel from the community. deleted text begin In approving or disapproving the
application for each community expert, deleted text end The deleted text begin board deleted text end new text begin report new text end shall deleted text begin consider deleted text end new text begin include new text end :

(1) the qualifications of the community person whom the district or charter school
deleted text begin proposes to employ deleted text end new text begin employs new text end ;

(2) the new text begin unique and compelling new text end reasons for the need for a variance from the teacher
licensure requirements;

(3) the district's efforts to obtain licensed teachers, who are acceptable to the school
board, for the particular course or subject area or the charter school's efforts to obtain
licensed teachers for the particular course or subject area;

(4) the amount of teaching time for which the community expert deleted text begin would be deleted text end new text begin is new text end hired;

(5) the extent to which the district or charter school deleted text begin is utilizing deleted text end new text begin uses new text end other
nonlicensed community experts under this section;

(6) the nature of the community expert's deleted text begin proposed deleted text end teaching responsibility; and

(7) the deleted text begin proposed deleted text end level of compensation to new text begin be paid to new text end the community expert.

Subd. 3.

deleted text begin Approval of plan deleted text end new text begin Comment on variance new text end .

The Board of Teaching deleted text begin shall
approve or disapprove an application deleted text end new text begin may comment on a district or charter school report
under subdivision 2 new text end within 60 days of receiving it deleted text begin from a school deleted text end new text begin and the new text end district or charter
school new text begin must post the comment on its official Web site new text end .

Subd. 4.

Background check.

A school district or charter school shall deleted text begin provide deleted text end new text begin
confirm to new text end the Board of Teaching deleted text begin with confirmation deleted text end that criminal background checks deleted text begin have
been deleted text end new text begin were new text end completed for all nonlicensed community experts employed by the district or
charter school deleted text begin and approved by the Board of Teaching deleted text end under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all nonlicensed community experts hired or sponsored after that date.
new text end

Sec. 14.

Minnesota Statutes 2014, section 122A.30, is amended to read:

122A.30 EXEMPTION FOR TECHNICAL deleted text begin COLLEGE deleted text end new text begin EDUCATION new text end
INSTRUCTORS.

Notwithstanding section 122A.15, subdivision 1, new text begin and upon approval of the local
employer school board, new text end a person who teaches in a part-time vocational new text begin or career and
new text end technical education program deleted text begin not more than 61 hours per fiscal year deleted text end is exempt from a
license requirement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all technical education instructors hired after that date.
new text end

Sec. 15.

Minnesota Statutes 2014, section 122A.40, subdivision 5, is amended to read:

Subd. 5.

Probationary period.

(a) The first three consecutive years of a teacher's
first teaching experience in Minnesota in a single district is deemed to be a probationary
period of employment, and, the probationary period in each district in which the teacher is
thereafter employed shall be one year. The school board must adopt a plan for written
evaluation of teachers during the probationary period that is consistent with subdivision
8. Evaluation must occur at least three times periodically throughout each school year
for a teacher performing services during that school year; the first evaluation must occur
within the first 90 days of teaching service. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities and days on which a
teacher is absent from school must not be included in determining the number of school
days on which a teacher performs services. Except as otherwise provided in paragraph
(b), during the probationary period any annual contract with any teacher may or may not
be renewed new text begin (1) new text end as the school board shall see fit new text begin , or (2) consistent with the negotiated
unrequested leave of absence plan in effect under subdivision 10 new text end . However, the board
must give any such teacher whose contract it declines to renew for the following school
year written notice to that effect before July 1. If the teacher requests reasons for any
nonrenewal of a teaching contract, the board must give the teacher its reason in writing,
including a statement that appropriate supervision was furnished describing the nature and
the extent of such supervision furnished the teacher during the employment by the board,
within ten days after receiving such request. The school board may, after a hearing held
upon due notice, discharge a teacher during the probationary period for cause, effective
immediately, under section 122A.44.

(b) A board must discharge a probationary teacher, effective immediately, upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction for child abuse or sexual abuse.

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States
Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
for purposes of paragraph (a).

(d) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(e) A probationary teacher must complete at least 120 days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is
absent from school do not count as days of teaching service under this paragraph.

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

Minnesota Statutes 2014, section 122A.40, subdivision 8, is amended to read:

Subd. 8.

Development, evaluation, and peer coaching for continuing contract
teachers.

(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop
a teacher evaluation and peer review process for probationary and continuing contract
teachers through joint agreement. If a school board and the exclusive representative of the
teachers do not agree to an annual teacher evaluation and peer review process, then the
school board and the exclusive representative of the teachers must implement the state
teacher evaluation plan under paragraph (c). The process must include having trained
observers serve as peer coaches or having teachers participate in professional learning
communities, consistent with paragraph (b).

(b) To develop, improve, and support qualified teachers and effective teaching
practices and improve student learning and success, the annual evaluation process for
teachers:

(1) must, for probationary teachers, provide for all evaluations required under
subdivision 5;

(2) must establish a three-year professional review cycle for each teacher that
includes an individual growth and development plan, a peer review process, and at least
one summative evaluation performed by a qualified and trained evaluator such as a school
administrator. For the years when a tenured teacher is not evaluated by a qualified and
trained evaluator, the teacher must be evaluated by a peer review;

(3) must be based on professional teaching standards established in rule;

(4) must coordinate staff development activities under sections 122A.60 and
122A.61 with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and
teacher collaboration;

(6) may include job-embedded learning opportunities such as professional learning
communities;

(7) may include mentoring new text begin under section 122A.70 new text end and induction programs;

(8) must include an option for teachers to develop and present a portfolio
demonstrating evidence of reflection and professional growth, consistent with section
122A.18, subdivision 4, paragraph (b), and include teachers' own performance assessment
based on student work samples and examples of teachers' work, which may include video
among other activities for the summative evaluation;

(9) must use data from valid and reliable assessments aligned to state and local
academic standards and must use state and local measures of student growth and literacy
that may include value-added models or student learning goals to determine 35 percent of
teacher evaluation results;

(10) must use longitudinal data on student engagement and connection, and other
student outcome measures explicitly aligned with the elements of curriculum for which
teachers are responsible, including academic literacy, oral academic language, and
achievement of content areas of English learners;

(11) must require qualified and trained evaluators such as school administrators to
perform summative evaluations and ensure school districts and charter schools provide for
effective evaluator training specific to teacher development and evaluation;

(12) must give teachers not meeting professional teaching standards under clauses
(3) through (11) support to improve through a teacher improvement process that includes
established goals and timelines; and

(13) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (12) that may include a last chance warning,
termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
other discipline a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data
under section 13.43. The observation and interview notes of peer coaches may only be
disclosed to other school officials with the consent of the teacher being coached.

(c) The department, in consultation with parents who may represent parent
organizations and teacher and administrator representatives appointed by their respective
organizations, representing the Board of Teaching, the Minnesota Association of School
Administrators, the Minnesota School Boards Association, the Minnesota Elementary
and Secondary Principals Associations, Education Minnesota, and representatives of
the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
in teacher evaluation, must create and publish a teacher evaluation process that complies
with the requirements in paragraph (b) and applies to all teachers under this section and
section 122A.41 for whom no agreement exists under paragraph (a) for an annual teacher
evaluation and peer review process. The teacher evaluation process created under this
subdivision does not create additional due process rights for probationary teachers under
subdivision 5.

new text begin (d) Consistent with the measures of teacher effectiveness under this subdivision:
new text end

new text begin (1) for students in kindergarten through grade 4, a school administrator must not
place a student in consecutive school years in the classroom of a teacher with the lowest
evaluation rating in the previous school year unless no other teacher at the school teaches
that grade; and
new text end

new text begin (2) for students in grades 5 through 12, a school administrator must not place
students in consecutive school years in the classroom of a teacher with the lowest
evaluation rating in the previous school year unless no other teacher at the school teaches
that subject area and grade.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and
later, except paragraph (b), clause (7), is effective for the 2015-2016 school year and later.
new text end

Sec. 17.

Minnesota Statutes 2014, section 122A.40, subdivision 10, is amended to read:

Subd. 10.

Negotiated unrequested leave of absence.

new text begin (a) new text end The school board
and the exclusive bargaining representative of the teachers deleted text begin may deleted text end new text begin must new text end negotiate a plan new text begin ,
consistent with subdivision 8, new text end providing for unrequested leave of absence without pay or
fringe benefits for as many teachers as may be necessary because of discontinuance of
position, lack of pupils, financial limitations, or merger of classes caused by consolidation
of districts. deleted text begin Failing to successfully negotiate such a plan, the provisions of subdivision
11 shall apply. deleted text end The negotiated plan must not include provisions which would result in
the exercise of seniority by a teacher holding new text begin only new text end a provisional license, other than a
vocational education license, deleted text begin contrary to the provisions of subdivision 11, paragraph (c) deleted text end new text begin
if required for the position new text end , or the reinstatement of a teacher holding new text begin only new text end a provisional
license, other than a vocational education license deleted text begin , contrary to the provisions of subdivision
11, paragraph (e) deleted text end new text begin required for the position new text end . The provisions of section 179A.16 do not
apply for the purposes of this subdivision.

new text begin (b) Beginning in the 2017-2018 school year and later, and notwithstanding any law
to the contrary, a school board must place teachers on unrequested leave of absence based
on their subject matter licensure fields, most recent evaluation outcomes and effectiveness
category or rating under subdivision 8, and other, locally determined criteria such as
teacher seniority, and may include both probationary teachers and continuing contract
teachers within an effectiveness category or rating. For purposes of placing a teacher on
unrequested leave of absence or recalling a teacher from unrequested leave of absence, a
school board is not required to reassign a teacher with more seniority to accommodate the
seniority claims of a teacher who is similarly licensed and effective but with less seniority.
Nothing in this paragraph permits a school board to use a teacher's remuneration as a basis
for making unrequested leave of absence decisions. Any executed employment contract
between the school board and the exclusive representative of the teachers must contain the
negotiated unrequested leave of absence plan. The school board must publish in a readily
accessible format the unrequested leave of absence plan it negotiates under this paragraph.
new text end

new text begin (c) A teacher who receives notice of being placed on unrequested leave of absence
under paragraph (b) may submit to the board, within 14 days of receiving the notice, a
written request for a hearing before a neutral hearing officer to establish whether the
district met the following teacher evaluation requirements under subdivision 8: if the
teacher is a probationary teacher, all evaluations required under subdivision 5 were
provided; a three-year professional review cycle was established for the teacher; any
summative evaluation of the teacher was performed by a qualified and trained evaluator;
a peer review evaluation occurred in any year when the teacher was not evaluated by a
qualified and trained evaluator; and if the teacher did not meet professional teaching
standards, a teacher improvement process with goals and timelines was established. The
school board and the exclusive representative of the teachers must agree on a panel of
people and a process to select the person to hear the matter. The hearing officer must issue
a decision within 14 days of the request for the hearing. Nothing in this subdivision
prevents a school board and the exclusive representative of the teachers from negotiating a
different process for determining whether the teacher evaluation requirements listed in
this subdivision were met.
new text end

new text begin (d) Evaluation outcomes and effectiveness categories under paragraph (b) must not
be used to place a teacher on unrequested leave of absence if the principal evaluating the
teacher is on an improvement plan under section 123B.147, subdivision 3, paragraph
(b), clause (8).
new text end

new text begin (e) For purposes of this subdivision, a provisional license is a license to teach issued
by the Board of Teaching under a waiver or variance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to negotiated plans for unrequested leave of absence agreed to on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2014, section 122A.40, subdivision 11, is amended to read:

Subd. 11.

Unrequested leave of absence.

new text begin (a) new text end The board may place on unrequested
leave of absence, without pay or fringe benefits, as many teachers as may be necessary
because of discontinuance of position, lack of pupils, financial limitations, or merger of
classes caused by consolidation new text begin or reorganization new text end of districts new text begin under chapter 123A new text end . The
unrequested leave is effective at the close of the school year.

new text begin (b) new text end In placing teachers on unrequested leave new text begin in the 2014-2015 through 2016-2017
school years only new text end , the board is governed by the deleted text begin following deleted text end provisions deleted text begin : deleted text end new text begin in this subdivision.
new text end

deleted text begin (a) deleted text end new text begin (c) new text end The board may place probationary teachers on unrequested leave first in the
inverse order of their employment. A teacher who has acquired continuing contract rights
must not be placed on unrequested leave of absence while probationary teachers are retained
in positions for which the teacher who has acquired continuing contract rights is licensed deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (b) deleted text end new text begin (d) new text end Teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed in the inverse order
in which they were employed by the school district. In the case of equal seniority, the
order in which teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed is negotiable deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (c) deleted text end new text begin (e) new text end Notwithstanding the provisions of paragraph deleted text begin (b) deleted text end new text begin (d) new text end , a teacher is not entitled
to exercise any seniority when that exercise results in that teacher being retained by the
district in a field for which the teacher holds only a provisional license, as defined by the
board of teaching, unless that exercise of seniority results in the placement on unrequested
leave of absence of another teacher who also holds a provisional license in the same field.
The provisions of this paragraph do not apply to vocational education licenses deleted text begin ; deleted text end new text begin required
for the available positions.
new text end

deleted text begin (d) deleted text end new text begin (f) new text end Notwithstanding paragraphs deleted text begin (a), (b), and deleted text end (c), new text begin (d), and (e), new text end if the placing of a
probationary teacher on unrequested leave before a teacher who has acquired continuing
rights, the placing of a teacher who has acquired continuing contract rights on unrequested
leave before another teacher who has acquired continuing contract rights but who has
greater seniority, or the restriction imposed by the provisions of paragraph deleted text begin (c) deleted text end new text begin (e) new text end would
place the district in violation of its affirmative action program, the district may retain the
probationary teacher, the teacher with less seniority, or the provisionally licensed teacher deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (e) deleted text end new text begin (g) For purposes of placing a teacher on unrequested leave of absence or
recalling a teacher from unrequested leave of absence, nothing in this subdivision requires
a school board to reassign a teacher to accommodate the seniority claims of a teacher who
is similarly licensed and effective but with less seniority. new text end

new text begin (h) new text end Teachers placed on unrequested leave of absence must be reinstated to the
positions from which they have been given leaves of absence or, if not available, to
other available positions in the school district in fields in which they are licensed.
Reinstatement must be in the inverse order of placement on leave of absence. A teacher
must not be reinstated to a position in a field in which the teacher holds only a provisional
license, other than a vocational education license, while another teacher who holds a
nonprovisional license in the same field remains on unrequested leave. The order of
reinstatement of teachers who have equal seniority and who are placed on unrequested
leave in the same school year is negotiable deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (f) deleted text end new text begin (i) new text end Appointment of a new teacher must not be made while there is available, on
unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
teacher fails to advise the school board within 30 days of the date of notification that a
position is available to that teacher who may return to employment and assume the duties
of the position to which appointed on a future date determined by the board deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (g) deleted text end new text begin (j) new text end A teacher placed on unrequested leave of absence may engage in teaching
or any other occupation during the period of this leave deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (h) deleted text end new text begin (k) new text end The unrequested leave of absence must not impair the continuing contract
rights of a teacher or result in a loss of credit for previous years of service deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (i) deleted text end new text begin (l) Consistent with subdivision 10, new text end the unrequested leave of absence of a teacher
new text begin who is categorized as effective or better under subdivision 8, new text end who is placed on unrequested
leave of absence new text begin , new text end and who is not reinstated shall continue for a period of five years,
after which the right to reinstatement deleted text begin shall terminate deleted text end new text begin terminates new text end . The teacher's right to
reinstatement deleted text begin shall deleted text end also deleted text begin terminate deleted text end new text begin terminates new text end if the teacher fails to file with the board by
April 1 of deleted text begin any deleted text end new text begin each new text end year a written statement requesting reinstatement deleted text begin ; deleted text end new text begin .
new text end

new text begin (m) Consistent with subdivision 10, the unrequested leave of absence of a teacher
who is categorized as ineffective or less under subdivision 8, who is placed on unrequested
leave of absence, and who is not reinstated continues for the following school year
only, after which the teacher's right to reinstatement terminates. The teacher's right to
reinstatement also terminates if the teacher fails to file with the board by April 1 in that
following school year a written statement requesting reinstatement.
new text end

deleted text begin (j) deleted text end new text begin (n) new text end The same provisions applicable to terminations of probationary or continuing
contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of absence deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (k) deleted text end new text begin (o) new text end Nothing in this subdivision shall be construed to impair the rights of teachers
placed on unrequested leave of absence to receive unemployment benefits if otherwise
eligible.

new text begin EFFECTIVE DATE. new text end

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

Sec. 19.

Minnesota Statutes 2014, section 122A.41, subdivision 2, is amended to read:

Subd. 2.

Probationary period; discharge or demotion.

(a) All teachers in
the public schools in cities of the first class during the first three years of consecutive
employment shall be deemed to be in a probationary period of employment during which
period any annual contract with any teacher may, or may not, be renewed new text begin (1) new text end as the school
board, after consulting with the peer review committee charged with evaluating the
probationary teachers under subdivision 3, shall see fit new text begin , or (2) consistent with the negotiated
plan for discontinuing or terminating teachers in effect under subdivision 14 new text end . The school
site management team or the school board if there is no school site management team, shall
adopt a plan for a written evaluation of teachers during the probationary period according
to subdivisions 3 and 5. Evaluation by the peer review committee charged with evaluating
probationary teachers under subdivision 3 shall occur at least three times periodically
throughout each school year for a teacher performing services during that school year; the
first evaluation must occur within the first 90 days of teaching service. Days devoted to
parent-teacher conferences, teachers' workshops, and other staff development opportunities
and days on which a teacher is absent from school shall not be included in determining the
number of school days on which a teacher performs services. The school board may, during
such probationary period, discharge or demote a teacher for any of the causes as specified
in this code. A written statement of the cause of such discharge or demotion shall be given
to the teacher by the school board at least 30 days before such removal or demotion shall
become effective, and the teacher so notified shall have no right of appeal therefrom.

(b) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States
Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
for purposes of paragraph (a).

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(d) A probationary teacher must complete at least 120 days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is
absent from school do not count as days of teaching service under this paragraph.

new text begin EFFECTIVE DATE. new text end

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

Sec. 20.

Minnesota Statutes 2014, section 122A.41, subdivision 5, is amended to read:

Subd. 5.

Development, evaluation, and peer coaching for continuing contract
teachers.

(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop an
annual teacher evaluation and peer review process for probationary and nonprobationary
teachers through joint agreement. If a school board and the exclusive representative of
the teachers in the district do not agree to an annual teacher evaluation and peer review
process, then the school board and the exclusive representative of the teachers must
implement the state teacher evaluation plan developed under paragraph (c). The process
must include having trained observers serve as peer coaches or having teachers participate
in professional learning communities, consistent with paragraph (b).

(b) To develop, improve, and support qualified teachers and effective teaching
practices and improve student learning and success, the annual evaluation process for
teachers:

(1) must, for probationary teachers, provide for all evaluations required under
subdivision 2;

(2) must establish a three-year professional review cycle for each teacher that
includes an individual growth and development plan, a peer review process, and at least
one summative evaluation performed by a qualified and trained evaluator such as a school
administrator;

(3) must be based on professional teaching standards established in rule;

(4) must coordinate staff development activities under sections 122A.60 and
122A.61 with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and
teacher collaboration;

(6) may include job-embedded learning opportunities such as professional learning
communities;

(7) may include mentoring new text begin under section 122A.70 new text end and induction programs;

(8) must include an option for teachers to develop and present a portfolio
demonstrating evidence of reflection and professional growth, consistent with section
122A.18, subdivision 4, paragraph (b), and include teachers' own performance assessment
based on student work samples and examples of teachers' work, which may include video
among other activities for the summative evaluation;

(9) must use data from valid and reliable assessments aligned to state and local
academic standards and must use state and local measures of student growth and literacy
that may include value-added models or student learning goals to determine 35 percent of
teacher evaluation results;

(10) must use longitudinal data on student engagement and connection and other
student outcome measures explicitly aligned with the elements of curriculum for which
teachers are responsible, including academic literacy, oral academic language, and
achievement of English learners;

(11) must require qualified and trained evaluators such as school administrators to
perform summative evaluations and ensure school districts and charter schools provide for
effective evaluator training specific to teacher development and evaluation;

(12) must give teachers not meeting professional teaching standards under clauses
(3) through (11) support to improve through a teacher improvement process that includes
established goals and timelines; and

(13) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (12) that may include a last chance warning,
termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
other discipline a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data
under section 13.43. The observation and interview notes of peer coaches may only be
disclosed to other school officials with the consent of the teacher being coached.

(c) The department, in consultation with parents who may represent parent
organizations and teacher and administrator representatives appointed by their respective
organizations, representing the Board of Teaching, the Minnesota Association of School
Administrators, the Minnesota School Boards Association, the Minnesota Elementary
and Secondary Principals Associations, Education Minnesota, and representatives of
the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
in teacher evaluation, must create and publish a teacher evaluation process that complies
with the requirements in paragraph (b) and applies to all teachers under this section and
section 122A.40 for whom no agreement exists under paragraph (a) for an annual teacher
evaluation and peer review process. The teacher evaluation process created under this
subdivision does not create additional due process rights for probationary teachers under
subdivision 2.

new text begin (d) Consistent with the measures of teacher effectiveness under this subdivision:
new text end

new text begin (1) for students in kindergarten through grade 4, a school administrator must not
place a student in consecutive school years in the classroom of a teacher with the lowest
evaluation rating in the previous school year unless no other teacher at the school teaches
that grade; and
new text end

new text begin (2) for students in grades 5 through 12, a school administrator must not place
students in consecutive school years in the classroom of a teacher with the lowest
evaluation rating in the previous school year unless no other teacher at the school teaches
that subject area and grade.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2017-2018 school year and
later, except paragraph (b), clause (7), is effective for the 2015-2016 school year and later.
new text end

Sec. 21.

Minnesota Statutes 2014, section 122A.41, subdivision 14, is amended to read:

Subd. 14.

Services terminated by discontinuance or lack of pupils; preference
given.

(a) deleted text begin A teacher whose services are terminated on account of discontinuance of
position or lack of pupils must receive first consideration for other positions in the district
for which that teacher is qualified. deleted text end In the event it becomes necessary to discontinue one
or more positions new text begin in the 2014-2015 through the 2016-2017 school years new text end , in making such
discontinuance, teachers must new text begin receive first consideration for other positions in the district
for which that teacher is qualified and must new text end be discontinued deleted text begin in any department deleted text end in the
inverse order in which they were employed deleted text begin , unless deleted text end new text begin .
new text end

new text begin (b) Beginning in the 2017-2018 school year and later, new text end a board and the exclusive
representative of teachers in the district new text begin must new text end negotiate a plan deleted text begin providing otherwise. deleted text end new text begin ,
consistent with subdivision 5, for discontinuing and terminating teachers under this
subdivision based on their subject matter licensure fields, most recent evaluation outcomes
and effectiveness category or rating under subdivision 5, and other, locally determined
criteria such as teacher seniority, and may include both probationary teachers and
continuing contract teachers within an effectiveness category or rating. For purposes
of discharging, demoting, or recalling a teacher whose services are discontinued or
terminated under this subdivision, a school board is not required to reassign a teacher with
more seniority to accommodate the seniority claims of a teacher who is similarly licensed
and effective but with less seniority. Nothing in this paragraph permits a school board to
use a teacher's remuneration as a basis for discontinuing or terminating a teacher. Any
executed employment contract between the school board and the exclusive representative
of the teachers must contain the negotiated plan for discontinuing or terminating teachers.
The school board must publish in a readily accessible format any plan it negotiates for
discontinuing or terminating teachers under this paragraph.
new text end

new text begin (c) A teacher who receives notice of discontinuance or termination under paragraph
(b) may submit to the board, within 14 days of receiving the notice, a written request
for a hearing before a neutral hearing officer to establish whether the district met the
following teacher evaluation requirements under subdivision 5: if the teacher is a
probationary teacher, all evaluations required under subdivision 2 were provided; a
three-year professional review cycle was established for the teacher; any summative
evaluation of the teacher was performed by a qualified and trained evaluator; a peer review
evaluation occurred in any year when the teacher was not evaluated by a qualified and
trained evaluator; and if the teacher did not meet professional teaching standards, a teacher
improvement process with goals and timelines was established. The school board and the
exclusive representative of the teachers must agree on a panel of people and a process to
select the person to hear the matter. The hearing officer must issue a decision within 14 days
of the request for the hearing. Nothing in this subdivision prevents a school board and the
exclusive representative of the teachers from negotiating a different process for determining
whether the teacher evaluation requirements listed in this subdivision were met.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end Notwithstanding the provisions of deleted text begin clause deleted text end new text begin paragraph new text end (a), new text begin for the 2014-2015
through 2016-2017 school years, new text end a teacher is not entitled to exercise any seniority when
that exercise results in that teacher being retained by the district in a field for which the
teacher holds only a provisional license, as defined by the Board of Teaching, unless that
exercise of seniority results in deleted text begin the termination of deleted text end new text begin terminating the new text end services, on account
of discontinuance of position or lack of pupils, of another teacher who also holds a
provisional license in the same field. The provisions of this deleted text begin clause deleted text end new text begin paragraph new text end do not apply
to vocational education licenses.

deleted text begin (c) deleted text end new text begin (e) new text end Notwithstanding the provisions of deleted text begin clause deleted text end new text begin paragraph new text end (a), new text begin for the 2014-2015
through 2016-2017 school years, new text end a teacher must not be reinstated to a position in a field
in which the teacher holds only a provisional license, other than a vocational education
license, while another teacher who holds a nonprovisional license in the same field is
available for reinstatement.

new text begin (f) Evaluation outcomes and effectiveness categories under paragraph (b) must not
be used to place a teacher on unrequested leave of absence if the principal evaluating the
teacher is on an improvement plan under section 123B.147, subdivision 3, paragraph
(b), clause (8).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to negotiated plans for discontinuing or terminating teachers agreed to on or
after that date.
new text end

Sec. 22.

Minnesota Statutes 2014, section 122A.414, subdivision 2, is amended to read:

Subd. 2.

Alternative teacher professional pay system.

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

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

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

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

(3) reform the "steps and lanes" salary schedule, new text begin which may include a hiring bonus
or other added compensation for teachers identified as effective or highly effective
under the local teacher professional review cycle who work in a hard-to-fill position or
hard-to-staff school setting such as a school with a majority of students whose families
meet federal poverty guidelines, a geographically isolated school, or a school identified by
the state as eligible for targeted programs or services for its students. The salary schedule
must new text end prevent any teacher's compensation paid before implementing the pay system from
being reduced as a result of participating in this system, base at least 60 percent of any
compensation increase on teacher performance using:

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

(ii) measures of student growth and literacy that may include value-added models
or student learning goals, consistent with section 122A.40, subdivision 8, clause (9), or
122A.41, subdivision 5, clause (9), and other measures that include the academic literacy,
oral academic language, and achievement of English learners under section 122A.40,
subdivision 8, clause (10), or 122A.41, subdivision 5, clause (10); and

(iii) an objective evaluation program under section 122A.40, subdivision 8,
paragraph (b), clause (2), or 122A.41, subdivision 5, paragraph (b), clause (2);

(4) provide for participation in job-embedded learning opportunities such as
professional learning communities to improve instructional skills and learning that are
aligned with student needs under section 122A.413, consistent with the staff development
plan under section 122A.60 and led during the school day by trained teacher leaders
such as master or mentor teachers;

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

(6) encourage collaboration rather than competition among teachers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
applies to an alternative teacher professional pay agreement entered into or modified
after that date.
new text end

Sec. 23.

Minnesota Statutes 2014, section 122A.60, subdivision 1a, is amended to read:

Subd. 1a.

Effective staff development activities.

(a) Staff development activities
must:

(1) focus on the school classroom and research-based strategies that improve student
learning;

(2) provide opportunities for teachers to practice and improve their instructional
skills over time;

(3) provide opportunities for teachers to use student data as part of their daily work
to increase student achievement;

(4) enhance teacher content knowledge and instructional skills, including to
accommodate the delivery of digital and blended learning and curriculum and engage
students with technology;

(5) align with state and local academic standards;

(6) provide opportunities to build professional relationships, foster collaboration
among principals and staff who provide instruction, and provide opportunities for
teacher-to-teacher mentoring new text begin under section 122A.70 that may include a teacher mentor
stipend new text end ;

(7) align with the plan of the district or site for an alternative teacher professional
pay system;

(8) provide teachers of English learners, including English as a second language and
content teachers, with differentiated instructional strategies critical for ensuring students'
long-term academic success; the means to effectively use assessment data on the academic
literacy, oral academic language, and English language development of English learners;
and skills to support native and English language development across the curriculum; and

(9) provide opportunities for staff to learn about current workforce trends, the
connections between workforce trends and postsecondary education, and training options,
including career and technical education options.

Staff development activities may include curriculum development and curriculum training
programs, and activities that provide teachers and other members of site-based teams
training to enhance team performance. The school district also may implement other
staff development activities required by law and activities associated with professional
teacher compensation models.

(b) Release time provided for teachers to supervise students on field trips and school
activities, or independent tasks not associated with enhancing the teacher's knowledge
and instructional skills, such as preparing report cards, calculating grades, or organizing
classroom materials, may not be counted as staff development time that is financed with
staff development reserved revenue under section 122A.61.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 24.

Minnesota Statutes 2014, section 122A.61, subdivision 1, is amended to read:

Subdivision 1.

Staff development revenue.

A district is required to reserve
an amount equal to at least two percent of the basic revenue under section 126C.10,
subdivision 2, for in-service education for programs under section 120B.22, subdivision 2,
for staff development plans, including plans for challenging instructional activities and
experiences under section 122A.60, and for curriculum development and programs, other
in-service education, teachers' new text begin mentoring under section 122A.70 and new text end evaluation, teachers'
workshops, teacher conferences, the cost of substitute teachers new text begin for new text end staff development
purposes, preservice and in-service education for special education professionals and
paraprofessionals, and other related costs for staff development efforts. A district may
annually waive the requirement to reserve their basic revenue under this section if a
majority vote of the licensed teachers in the district and a majority vote of the school board
agree to a resolution to waive the requirement. A district in statutory operating debt is
exempt from reserving basic revenue according to this section. Districts may expend an
additional amount of unreserved revenue for staff development based on their needs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 25.

Minnesota Statutes 2014, section 122A.69, is amended to read:

122A.69 PRACTICE OR STUDENT TEACHERS.

The Board new text begin of Teaching new text end may, by agreements with teacher deleted text begin preparing deleted text end new text begin preparation
new text end institutions, arrange for classroom experience in the district for practice or student
teachers who have completed deleted text begin not less than deleted text end new text begin at least new text end two years of an approved teacher
deleted text begin education deleted text end new text begin preparation new text end program. Such practice new text begin and student new text end teachers must be deleted text begin provided with
appropriate supervision deleted text end new text begin appropriately supervised new text end by a fully qualified teacher under rules
deleted text begin promulgated deleted text end new text begin adopted new text end by the board. new text begin A practice or student teacher must be placed with a
cooperating licensed teacher who has at least three years of teaching experience and is
not in the improvement process under section 122A.40, subdivision 8, paragraph (b),
clause (12), or 122A.41, subdivision 5, paragraph (b), clause (12). new text end Practice new text begin and student
new text end teachers are deleted text begin deemed deleted text end employees of the school district in which they are rendering services
for purposes of workers' compensation; liability insurance, if provided for other district
employees deleted text begin in accordance with deleted text end new text begin under new text end section 123B.23; and legal counsel deleted text begin in accordance
with the provisions of deleted text end new text begin under new text end section 123B.25.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 26.

Minnesota Statutes 2014, section 122A.70, subdivision 1, is amended to read:

Subdivision 1.

Teacher mentoring programs.

new text begin (a) new text end School districts deleted text begin are encouraged
to deleted text end new text begin may new text end develop deleted text begin teacher mentoring deleted text end new text begin and implement new text end programs for new text begin mentoring new text end teachers new
to the profession or district, deleted text begin including deleted text end new text begin and may, at a minimum, include in the mentoring
program new text end teaching residents, teachers of color, teachers with special needs, deleted text begin or deleted text end new text begin and new text end
experienced teachers new text begin under section 122A.40, subdivision 8, paragraph (b), clause (12), or
122A.41, subdivision 5, paragraph (b), clause (12), new text end in need of peer coaching.

new text begin (b) Teacher mentoring programs must support districts' teacher evaluation and peer
review processes under section 122A.40, subdivision 8, or 122A.41, subdivision 5.
A district may use staff development revenue under sections 122A.60 and 122A.61 or
another funding source to pay a stipend to a mentor who may be a district employee or
a third-party contractor.
new text end

Sec. 27.

Minnesota Statutes 2014, section 123A.75, subdivision 1, is amended to read:

Subdivision 1.

Teacher assignment.

(a) As of the effective date of a consolidation
in which a district is divided or the dissolution of a district and its attachment to two or
more existing districts, each teacher employed by an affected district shall be assigned to
the newly created or enlarged district on the basis of a ratio of the pupils assigned to each
district according to the new district boundaries. The district receiving the greatest number
of pupils must be assigned the new text begin most effective new text end teacher new text begin under section 122A.40, subdivision 8,
new text end with the greatest seniority, and the remaining teachers must be alternately assigned to each
district new text begin from most to least effective and with most to least seniority within each category or
rating of effectiveness new text end until the district receiving the fewest pupils has received its ratio of
teachers who will not be retiring before the effective date of the consolidation or dissolution.

(b) Notwithstanding paragraph (a), the board and the exclusive representative of
teachers in each district involved in the consolidation or dissolution and attachment may
negotiate a plan for assigning teachers to each newly created or enlarged district.

new text begin (c) Notwithstanding any other law to the contrary, the provisions of this section apply
only to the extent they are consistent with section 122A.40, subdivisions 8, 10, and 11.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 28.

Minnesota Statutes 2014, section 179A.20, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Unrequested leave of absence for teachers. new text end

new text begin A school board and the
exclusive representative of the teachers may not execute a contract effective for the
2017-2018 school year or later unless the contract contains a plan for unrequested leave of
absence under section 122A.40, subdivision 10, or a plan for discontinuing or terminating
teachers under section 122A.41, subdivision 14.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 29. new text begin TEACHER LICENSURE AGREEMENTS WITH ADJOINING STATES.
new text end

new text begin The Board of Teaching must prepare and submit a report to the K-12 education
committees of the legislature by February 15, 2016, indicating the number, contracting
states, and extent of the interstate agreements for teacher licensure under Minnesota
Statutes, section 122A.23, subdivision 3, reached between August 1 and December 31,
2015.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 30. new text begin TEACHER PREPARATION PROGRAMS FOCUSED ON
PROJECT-BASED LEARNING.
new text end

new text begin (a) The Board of Teaching, in collaboration with education faculty at Minnesota
State University, Mankato and other interested education faculty at other Minnesota
postsecondary institutions; licensed career and technical education teachers; employers
participating in cooperative career and technical education programs; other providers of
project-based learning opportunities; and other interested education, teacher preparation,
and work-related stakeholders, are encouraged to develop and submit to the K-12
education committees of the legislature by February 1, 2017, a proposal to implement a
research-based, results-oriented teacher preparation curriculum focused on the knowledge
and skills teachers need to effectively provide and facilitate project-based learning.
new text end

new text begin (b) The proposal under paragraph (a) must include, at least, the following program
components:
new text end

new text begin (1) recruitment of fully engaged and qualified individuals;
new text end

new text begin (2) culturally responsive preparation, project-based learning assessments, engaged
students, qualified postsecondary faculty and mentors, and a project-based learning focus;
new text end

new text begin (3) support for P-20 wraparound services, scholarships, mentorships, access to
technology, and professional learning opportunities; and
new text end

new text begin (4) multiple instruments that focus on and measure student learning and engagement,
teacher performance, and program efficacy.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 31. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 122A.40, subdivision 11, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning in the 2017-2018 school
year and later.
new text end

ARTICLE 2

STATEWIDE STANDARDS AND STUDENT ASSESSMENTS

Section 1.

Minnesota Statutes 2014, section 120B.02, subdivision 2, is amended to read:

Subd. 2.

Graduation requirements.

To graduate from high school, students must
demonstrate to their enrolling school district or school their satisfactory completion of
the credit requirements under section 120B.024 and their understanding of academic
standards deleted text begin on a nationally normed college entrance exam deleted text end new text begin as required under section
120B.30, subdivision 1, paragraph (c), clause (1) new text end . A school district must adopt graduation
requirements that meet or exceed state graduation requirements established in law or rule.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective and applies to students entering grade
9 in the 2015-2016 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2014, section 120B.021, subdivision 4, is amended to read:

Subd. 4.

Revisions and reviews required.

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

(b) The commissioner must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 are aligned with the state academic
standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph
(b). The commissioner must implement a review of the academic standards and related
benchmarks in mathematics beginning in the deleted text begin 2015-2016 deleted text end new text begin 2020-2021 new text end school year and
every ten years thereafter.

(c) The commissioner must implement a review of the academic standards and related
benchmarks in arts beginning in the 2016-2017 school year and every ten years thereafter.

(d) The commissioner must implement a review of the academic standards and
related benchmarks in science beginning in the 2017-2018 school year and every ten
years thereafter.

(e) The commissioner must implement a review of the academic standards and
related benchmarks in language arts beginning in the 2018-2019 school year and every
ten years thereafter.

(f) The commissioner must implement a review of the academic standards and
related benchmarks in social studies beginning in the 2019-2020 school year and every
ten years thereafter.

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2014, section 120B.022, subdivision 1, is amended to read:

Subdivision 1.

Elective standards.

A district must establish its own standards in deleted text begin the
following subject areas:
deleted text end

deleted text begin (1) deleted text end career and technical education deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (2) deleted text end new text begin A district must use the current new text end world languages new text begin standards developed by the
American Council on the Teaching of Foreign Languages new text end .

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

Sec. 4.

Minnesota Statutes 2014, section 120B.024, subdivision 2, is amended to read:

Subd. 2.

Credit equivalencies.

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

(b) An agriculture science or career and technical education credit may fulfill deleted text begin the
credit in chemistry or physics or deleted text end the elective science credit required under subdivision 1,
clause (4), if the credit meets the state deleted text begin chemistry or physics, or district biology deleted text end new text begin physical
science, life science, earth and space science, chemistry, or physics new text end academic standards or
a combination of these academic standards as approved by the district. new text begin An agriculture or
career and technical education credit may fulfill the credit in chemistry or physics required
under subdivision 1, clause (4), if the credit meets the state chemistry or physics academic
standards as approved by the district. new text end A student must satisfy either all of the chemistry
academic standards or all of the physics academic standards prior to graduation. An
agriculture science or career and technical education credit may not fulfill the required
biology credit under subdivision 1, clause (4).

(c) A career and technical education credit may fulfill a mathematics or arts credit
requirement under subdivision 1, clause (2) or (6).

(d) An agriculture education teacher is not required to meet the requirements of
Minnesota Rules, part 3505.1150, subpart 1, item B, to meet the credit equivalency
requirements of paragraph (b) above.

new text begin (e) A computer science credit may fulfill a mathematics credit requirement under
subdivision 1, clause (2), if the credit meets state academic standards in mathematics.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 5.

Minnesota Statutes 2014, section 120B.11, subdivision 1a, is amended to read:

Subd. 1a.

Performance measures.

Measures to determine school district and
school site progress in striving to create the world's best workforce must include at least:

(1) student performance on the National Assessment of Education Progress where
applicable;

(2) the size of the academic achievement gap, rigorous course taking under section
120B.35, subdivision 3, paragraph (c), clause (2), and enrichment experiences by student
subgroup;

(3) student performance on the Minnesota Comprehensive Assessments new text begin including
attainment of readiness scores identified under section 120B.30, subdivision 1, paragraph
(j) new text end ;

(4) high school graduation rates; and

(5) career and college readiness under section 120B.30, subdivision 1 new text begin , paragraph (p) new text end .

Sec. 6.

Minnesota Statutes 2014, section 120B.125, is amended to read:

120B.125 PLANNING FOR STUDENTS' SUCCESSFUL TRANSITION
TO POSTSECONDARY EDUCATION AND EMPLOYMENT; PERSONAL
LEARNING PLANS.

(a) Consistent with sections deleted text begin 120B.128, deleted text end 120B.13, 120B.131, 120B.132, 120B.14,
120B.15, 120B.30, subdivision 1, paragraph (c), 125A.08, and other related sections,
school districts, beginning in the 2013-2014 school year, must assist all students by no
later than grade 9 to explore their educational, college, and career interests, aptitudes, and
aspirations and develop a plan for a smooth and successful transition to postsecondary
education or employment. All students' plans must:

(1) provide a comprehensive plan to prepare for and complete a career and college
ready curriculum by meeting state and local academic standards and developing career and
employment-related skills such as team work, collaboration, creativity, communication,
critical thinking, and good work habits;

(2) emphasize academic rigor and high expectations;

(3) help students identify interests, aptitudes, aspirations, and personal learning
styles that may affect their career and college ready goals and postsecondary education
and employment choices;

(4) set appropriate career and college ready goals with timelines that identify
effective means for achieving those goals;

(5) help students access education and career options;

(6) integrate strong academic content into career-focused courses and applied and
experiential learning opportunities and integrate relevant career-focused courses and
applied and experiential learning opportunities into strong academic content;

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

(8) help identify collaborative partnerships among prekindergarten through grade
12 schools, postsecondary institutions, economic development agencies, and local and
regional employers that support students' transition to postsecondary education and
employment and provide students with applied and experiential learning opportunities; and

(9) be reviewed and revised at least annually by the student, the student's parent or
guardian, and the school or district to ensure that the student's course-taking schedule keeps
the student making adequate progress to meet state and local academic standards and high
school graduation requirements and with a reasonable chance to succeed with employment
or postsecondary education without the need to first complete remedial course work.

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

(c) Educators must possess the knowledge and skills to effectively teach all English
learners in their classrooms. School districts must provide appropriate curriculum,
targeted materials, professional development opportunities for educators, and sufficient
resources to enable English learners to become career and college ready.

(d) When assisting students in developing a plan for a smooth and successful
transition to postsecondary education and employment, districts must recognize the unique
possibilities of each student and ensure that the contents of each student's plan reflect the
student's unique talents, skills, and abilities as the student grows, develops, and learns.

Sec. 7.

Minnesota Statutes 2014, section 120B.30, subdivision 1, is amended to read:

Subdivision 1.

Statewide testing.

(a) The commissioner, with advice from experts
with appropriate technical qualifications and experience and stakeholders, consistent
with subdivision 1a, shall include in the comprehensive assessment system, for each
grade level to be tested, state-constructed tests developed as computer-adaptive reading
and mathematics assessments for students that are aligned with the state's required
academic standards under section 120B.021, include multiple choice questions, and are
administered annually to all students in grades 3 through deleted text begin 7 deleted text end new text begin 8 new text end . deleted text begin Reading and mathematics
assessments for all students in grade 8 must be aligned with the state's required reading and
mathematics standards, be administered annually, and include multiple choice questions. deleted text end
State-developed high school tests aligned with the state's required academic standards
under section 120B.021 and administered to all high school students in a subject other than
writing must include multiple choice questions. The commissioner shall establish one or
more months during which schools shall administer the tests to students each school year.

(1) Students enrolled in grade 8 through the 2009-2010 school year are eligible
to be assessed under (i) the graduation-required assessment for diploma in reading,
mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1,
paragraphs (c), clauses (1) and (2), and (d), (ii) the WorkKeys job skills assessment, (iii)
the Compass college placement test, (iv) the ACT assessment for college admission, deleted text begin or deleted text end (v)
a nationally recognized armed services vocational aptitude test new text begin , or (vi) the high school
assessments required under subdivision 1a new text end .

(2) Students enrolled in grade 8 in the 2010-2011 or 2011-2012 school year are
eligible to be assessed under (i) the graduation-required assessment for diploma in reading,
mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision
1, paragraph (c), clauses (1) and (2), (ii) the WorkKeys job skills assessment, (iii) the
Compass college placement test, (iv) the ACT assessment for college admission, deleted text begin or deleted text end (v)
a nationally recognized armed services vocational aptitude test new text begin , or (vi) the high school
assessments required under subdivision 1a new text end .

new text begin (3) Students enrolled in grade 8 in the 2012-2013 or 2013-2014 school year are
eligible to be assessed under the ACT assessment for college admission or the high school
assessments required under subdivision 1a.
new text end

deleted text begin (3) deleted text end new text begin (4) new text end For students under clause (1) deleted text begin or deleted text end new text begin , new text end (2) new text begin , or (3) new text end , a school district may substitute
a score from an alternative, equivalent assessment to satisfy the requirements of this
paragraph.

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

(1) mathematics;

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

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

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

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

(c) For students enrolled in grade 8 in the deleted text begin 2012-2013 deleted text end new text begin 2014-2015 new text end school year
and later, students' state graduation requirements, based on a longitudinal, systematic
approach to student education and career planning, assessment, instructional support, and
evaluation, include the following:

(1) demonstrate understanding of required academic standards on deleted text begin a nationally
normed college entrance exam deleted text end new text begin high school assessments required under subdivision 1a new text end ;

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

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

Based on appropriate state guidelines, students with an individualized education program
may satisfy state graduation requirements by achieving an individual score on the
state-identified alternative assessments.

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

deleted text begin (d) To improve the secondary and postsecondary outcomes of all students, the
alignment between secondary and postsecondary education programs and Minnesota's
workforce needs, and the efficiency and cost-effectiveness of secondary and postsecondary
programs, the commissioner, after consulting with the chancellor of the Minnesota State
Colleges and Universities and using a request for proposal process, shall contract for a
series of assessments that are consistent with this subdivision, aligned with state academic
standards, and include career and college readiness benchmarks. Mathematics, reading,
and writing assessments for students in grades 8 and 10 must be predictive of a nationally
normed assessment for career and college readiness. deleted text end

deleted text begin This deleted text end new text begin (e) A new text end nationally recognized assessment deleted text begin must be deleted text end new text begin that is new text end a college entrance exam
deleted text begin and given deleted text end new text begin must be offered new text end to students new text begin at no cost new text end in grade 11 new text begin or 12 new text end . deleted text begin This series of assessments
must include a college placement diagnostic exam and contain career exploration elements.
deleted text end

new text begin (f) new text end The commissioner and the chancellor of the Minnesota State Colleges and
Universities must collaborate in aligning instruction and assessments for adult basic
education students and English learners to provide the students with diagnostic information
about any targeted interventions, accommodations, modifications, and supports they
need so that assessments and other performance measures are accessible to them and
they may seek postsecondary education or employment without need for postsecondary
remediation. When administering formative or summative assessments used to measure
the academic progress, including the oral academic development, of English learners
and inform their instruction, schools must ensure that the assessments are accessible to
the students and students have the modifications and supports they need to sufficiently
understand the assessments.

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

deleted text begin (2) Students in grade 10 or 11 not yet academically ready for a career or college based
on their growth in academic achievement between grades 8 and 10 must take the college
placement diagnostic exam before taking the college entrance exam under clause (3).
Students, their families, the school, and the district can then use the results of the college
placement diagnostic exam for targeted instruction, intervention, or remediation and
improve students' knowledge and skills in core subjects sufficient for a student to graduate
and have a reasonable chance to succeed in a career or college without remediation.
deleted text end

deleted text begin (3) All students except those eligible for alternative assessments must be given the
college entrance part of these assessments in grade 11. deleted text end new text begin (h) new text end A student deleted text begin under this clause deleted text end
who demonstrates attainment of required state academic standards, which include career
and college readiness benchmarks, on deleted text begin these deleted text end new text begin high school new text end assessments new text begin under subdivision 1a
new text end is academically ready for a career or college and is encouraged to participate in courses
awarding college credit to high school students. Such courses and programs may include
sequential courses of study within broad career areas and technical skill assessments
that extend beyond course grades.

deleted text begin (4) deleted text end new text begin (i) new text end As appropriate, students through grade 12 must continue to participate in
targeted instruction, intervention, or remediation and be encouraged to participate in
courses awarding college credit to high school students.

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

deleted text begin (e) deleted text end new text begin (j) new text end In developing, supporting, and improving students' academic readiness for a
career or college, schools, districts, and the state must have a continuum of empirically
derived, clearly defined benchmarks focused on students' attainment of knowledge and
skills so that students, their parents, and teachers know how well students must perform to
have a reasonable chance to succeed in a career or college without need for postsecondary
remediation. The commissioner, in consultation with local school officials and educators,
and Minnesota's public postsecondary institutions must ensure that the foundational
knowledge and skills for students' successful performance in postsecondary employment or
education and an articulated series of possible targeted interventions are clearly identified
and satisfy Minnesota's postsecondary admissions requirements. new text begin The commissioner
of education, in consultation with the chancellor of the Minnesota State Colleges and
Universities, shall identify minimum score guidelines on the high school reading, writing,
and mathematics Minnesota Comprehensive Assessments that demonstrate readiness for:
new text end

new text begin (1) a certificate level program;
new text end

new text begin (2) a two-year college program; and
new text end

new text begin (3) a four-year college program.
new text end

deleted text begin (f) deleted text end new text begin (k) new text end For students in grade 8 in the 2012-2013 school year and later, a school,
district, or charter school must record on the high school transcript a student's progress
toward career and college readiness, and for other students as soon as practicable.

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

deleted text begin (h) deleted text end new text begin (m) new text end The 3rd through deleted text begin 7th deleted text end new text begin 8th new text end grade computer-adaptive assessment results deleted text begin and grade
8 deleted text end and high school test results shall be available to districts for diagnostic purposes affecting
student learning and district instruction and curriculum, and for establishing educational
accountability. The commissioner must establish empirically derived benchmarks on
adaptive assessments in grades 3 through deleted text begin 7 deleted text end new text begin 8 new text end that reveal a trajectory toward career and
college readiness. The commissioner must disseminate to the public the computer-adaptive
assessments deleted text begin , grade 8, deleted text end and high school test results upon receiving those results.

deleted text begin (i) deleted text end new text begin (n) new text end The grades 3 through deleted text begin 7 deleted text end new text begin 8 new text end computer-adaptive assessments deleted text begin and grade 8 deleted text end and
high school tests must be aligned with state academic standards. The commissioner shall
determine the testing process and the order of administration. The statewide results shall
be aggregated at the site and district level, consistent with subdivision 1a.

deleted text begin (j) deleted text end new text begin (o) new text end The commissioner shall include the following components in the statewide
public reporting system:

(1) uniform statewide computer-adaptive assessments of all students in grades 3
through deleted text begin 7 deleted text end new text begin 8 new text end and testing at the deleted text begin grade 8 and deleted text end high school levels that provides appropriate,
technically sound accommodations or alternate assessments;

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

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

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

deleted text begin (k) deleted text end new text begin (p) new text end For purposes of statewide accountability, "career and college ready" means a
high school graduate has the knowledge, skills, and competencies to successfully pursue a
career pathway, including postsecondary credit leading to a degree, diploma, certificate, or
industry-recognized credential and employment. Students who are career and college ready
are able to successfully complete credit-bearing coursework at a two- or four-year college
or university or other credit-bearing postsecondary program without need for remediation.

deleted text begin (l) deleted text end new text begin (q) new text end For purposes of statewide accountability, "cultural competence," "cultural
competency," or "culturally competent" means the ability and will to interact effectively
with people of different cultures, native languages, and socioeconomic backgrounds.

new text begin (r) A nonpublic school student who transfers into a public school is subject only to
the testing requirements under this subdivision specifically applicable to those grades in
which the student is enrolled in the public school. For an out-of-state student transferring
into a Minnesota school district or charter school, the district or charter school must
administer statewide assessments to the student only to the extent the student did not take
comparable assessments in another state as determined by the district or school.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 8.

Minnesota Statutes 2014, section 120B.30, subdivision 1a, is amended to read:

Subd. 1a.

Statewide and local assessments; results.

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

(1) "Computer-adaptive assessments" means fully adaptive assessments.

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

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

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

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

(b) The commissioner must use fully adaptive mathematics and reading assessments
for grades 3 through deleted text begin 7 beginning in the 2015-2016 school year and later deleted text end new text begin 8 new text end .

(c) For purposes of conforming with existing federal educational accountability
requirements, the commissioner must develop and implement computer-adaptive reading
and mathematics assessments for grades 3 through deleted text begin 7 deleted text end new text begin 8 new text end , state-developed deleted text begin grade 8 and deleted text end high
school reading new text begin , writing, new text end and mathematics tests aligned with state academic standards, and
science assessments under clause (2) that districts and sites must use to monitor student
growth toward achieving those standards. The commissioner must not develop statewide
assessments for academic standards in social studies, health and physical education, and
the arts. The commissioner must require:

(1) annual computer-adaptive reading and mathematics assessments in grades 3
through deleted text begin 7 deleted text end new text begin 8 new text end , and deleted text begin grade 8 and deleted text end high school reading new text begin , writing, new text end and mathematics tests; and

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

(d) The commissioner must ensure that for annual computer-adaptive assessments:

(1) individual student performance data and achievement reports are available
within three school days of when students take an assessment except in a year when an
assessment reflects new performance standards;

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

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

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

(e) The commissioner must ensure that all state tests administered to elementary and
secondary students measure students' academic knowledge and skills and not students'
values, attitudes, and beliefs.

(f) Reporting of state assessment results must:

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

(2) include a growth indicator of student achievement; and

(3) determine whether students have met the state's academic standards.

(g) Consistent with applicable federal law, the commissioner must include
appropriate, technically sound accommodations or alternative assessments for the very
few students with disabilities for whom statewide assessments are inappropriate and
for English learners.

(h) A school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
progress toward career and college readiness in the context of the state's academic
standards. A school, school district, or charter school may use a student's performance
on a statewide assessment as one of multiple criteria to determine grade promotion or
retention. A school, school district, or charter school may use a high school student's
performance on a statewide assessment as a percentage of the student's final grade in a
course, or place a student's assessment score on the student's transcript.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 9.

Laws 2013, chapter 116, article 2, section 20, subdivision 3, is amended to read:

Subd. 3.

Educational planning and assessment system (EPAS) program.

For
the educational planning and assessment system program under Minnesota Statutes,
section 120B.128:

	$	829,000	.....	2014
	$	0	.....	2015

Any balance in the first year does not cancel but is available deleted text begin in the second year deleted text end new text begin
through the 2020 fiscal year new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 120B.128, new text end new text begin is repealed.
new text end

ARTICLE 3

EDUCATING STUDENTS AND YOUNG CHILDREN

Section 1.

Minnesota Statutes 2014, section 120B.022, subdivision 1a, is amended to
read:

Subd. 1a.

Foreign language and culture; proficiency certificates.

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

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

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

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

Sec. 2.

Minnesota Statutes 2014, section 120B.022, subdivision 1b, is amended to read:

Subd. 1b.

State bilingual and multilingual seals.

(a) Consistent with efforts to
strive for the world's best workforce under sections 120B.11 and 124D.10, subdivision 8,
paragraph (u), and close the academic achievement and opportunity gap under sections
124D.861 and 124D.862, voluntary state bilingual and multilingual seals are established
to recognize high school deleted text begin graduates deleted text end new text begin students new text end who demonstrate deleted text begin level 3 deleted text end new text begin an advanced low
level or an intermediate high level of new text end functional deleted text begin native deleted text end proficiency in listening, speaking,
reading, and writing on either deleted text begin the Foreign Services Institute language deleted text end new text begin assessments aligned
with American Council on the Teaching of Foreign Languages' (ACTFL) new text end proficiency
deleted text begin tests deleted text end new text begin guidelines new text end or on equivalent valid and reliable assessments in one or more languages
in addition to English. American Sign Language is a language other than English for
purposes of this subdivision and a world language for purposes of subdivision 1a.

(b) In addition to paragraph (a), to be eligible to receive a seal:

(1) students must satisfactorily complete all required English language arts credits;
and

(2) students deleted text begin whose primary language is other than English deleted text end must demonstrate mastery
of Minnesota's English language proficiency standards.

(c) Consistent with this subdivision, a high school graduate who demonstrates
new text begin an intermediate high ACTFL level of new text end functional deleted text begin native deleted text end proficiency in one language
in addition to English is eligible to receive the state bilingual new text begin gold new text end seal. A high school
graduate who demonstrates new text begin an intermediate high ACTFL level of new text end functional native
proficiency in more than one language in addition to English is eligible to receive the
state multilingual new text begin gold new text end seal. new text begin A high school graduate who demonstrates an advanced low
ACTFL level of functional proficiency in one language in addition to English is eligible
to receive the state bilingual platinum seal. A high school graduate who demonstrates
an advanced-low ACTFL level of functional proficiency in more than one language in
addition to English is eligible to receive the state multilingual platinum seal.
new text end

(d) School districts and charter schools deleted text begin , in consultation with regional centers of
excellence under section 120B.115, must deleted text end new text begin may new text end give students periodic opportunities to
demonstrate their level of proficiency in listening, speaking, reading, and writing in a
language in addition to English. Where valid and reliable assessments are unavailable, a
school district or charter school may rely on deleted text begin a licensed foreign language immersion teacher
or a nonlicensed community expert under section 122A.25 deleted text end new text begin evaluators trained in assessing
under ACTFL proficiency guidelines new text end to assess a student's level of foreign, heritage, or
indigenous language proficiency under this section. School districts and charter schools
must maintain appropriate records to identify high school graduates eligible to receive the
state bilingual or multilingual deleted text begin seal deleted text end new text begin gold and platinum seals new text end . The school district or charter
school must affix the appropriate seal to the transcript of each high school graduate who
meets the requirements of this subdivision and may affix the seal to the student's diploma. A
school district or charter school must not charge the high school graduate a fee for this seal.

(e) A school district or charter school may award elective course credits in world
languages to a student who demonstrates the requisite proficiency in a language other
than English under this section.

(f) A school district or charter school may award community service credit to a
student who demonstrates deleted text begin level 3 deleted text end new text begin an intermediate high or advanced low ACTFL level of new text end
functional deleted text begin native deleted text end proficiency in listening, speaking, reading, and writing in a language
other than English and who participates in community service activities that are integrated
into the curriculum, involve the participation of teachers, and support biliteracy in the
school or local community.

(g) deleted text begin The commissioner must develop a Web page for the electronic delivery of these
seals. deleted text end The commissioner must list on the Web page those assessments that are deleted text begin equivalent
to the Foreign Services Institute language deleted text end new text begin aligned to ACTFL new text end proficiency deleted text begin tests deleted text end new text begin guidelines new text end .

(h) new text begin By August 1, 2015, new text end the colleges and universities of the Minnesota State Colleges
and Universities system must deleted text begin award foreign language credits to a student who receives a
state bilingual seal or a state multilingual seal under this subdivision and may deleted text end new text begin establish
criteria to translate the seals into college credits based on the world language course
equivalencies identified by the Minnesota State Colleges and Universities faculty and
staff and, upon request from an enrolled student, the Minnesota State Colleges and
Universities may new text end award foreign language credits to a student who receives a Minnesota
World Language Proficiency Certificate deleted text begin or a Minnesota World Language Proficiency
High Achievement Certificate deleted text end under subdivision 1a. new text begin A student who demonstrated the
requisite level of language proficiency in grade 10, 11, or 12 to receive a seal or certificate
and is enrolled in a Minnesota State Colleges and Universities institution must request
college credits for the student's seal or proficiency certificate within three academic years
after graduating from high school. The University of Minnesota is encouraged to award
students foreign language academic credits consistent with this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2014, section 120B.13, subdivision 4, is amended to read:

Subd. 4.

Rigorous course taking information; AP, IB, and PSEO.

The
commissioner shall submit the following information on rigorous course taking new text begin ,
disaggregated by student subgroup, school district, and postsecondary institution, new text end to the
education committees of the legislature each year by February 1:

(1) the number of pupils enrolled in postsecondary enrollment options under section
124D.09, including concurrent enrollment, new text begin career and technical education courses offered
as a concurrent enrollment course, new text end advanced placement, and international baccalaureate
courses in each school district;

(2) the number of teachers in each district attending training programs offered by the
college board, International Baccalaureate North America, Inc., or Minnesota concurrent
enrollment programs;

(3) the number of teachers in each district participating in support programs;

(4) recent trends in the field of postsecondary enrollment options under section
124D.09, including concurrent enrollment, advanced placement, and international
baccalaureate programs;

(5) expenditures for each category in this section and under sections 124D.09 and
124D.091 new text begin , including career and technical education courses offered as a concurrent
enrollment course new text end ; and

(6) other recommendations for the state program or the postsecondary enrollment
options under section 124D.09, including concurrent enrollment.

Sec. 4.

Minnesota Statutes 2014, section 120B.30, subdivision 3, is amended to read:

Subd. 3.

Reporting.

The commissioner shall report test results publicly and to
stakeholders, including the performance achievement levels developed from students'
unweighted test scores in each tested subject and a listing of demographic factors that
strongly correlate with student performance new text begin , including student homelessness , among
other factors new text end . The test results must not include personally identifiable information as
defined in Code of Federal Regulations, title 34, section 99.3. The commissioner shall
also report data that compares performance results among school sites, school districts,
Minnesota and other states, and Minnesota and other nations. The commissioner shall
disseminate to schools and school districts a more comprehensive report containing
testing information that meets local needs for evaluating instruction and curriculum. The
commissioner shall disseminate to charter school authorizers a more comprehensive report
containing testing information that contains anonymized data where cell count data are
sufficient to protect student identity and that meets the authorizer's needs in fulfilling its
obligations under section 124D.10.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2014, section 120B.31, subdivision 4, is amended to read:

Subd. 4.

Student performance data.

In developing policies and assessment
processes to hold schools and districts accountable for high levels of academic standards
under section 120B.021, the commissioner shall aggregate student data over time to
report student performance and growth levels measured at the school, school district, and
statewide level. When collecting and reporting the performance data, the commissioner
shall organize and report the data so that state and local policy makers can understand the
educational implications of changes in districts' demographic profiles over time new text begin , including
student homelessness, among other demographic factors new text end . Any report the commissioner
disseminates containing summary data on student performance must integrate student
performance and the demographic factors that strongly correlate with that performance.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2014, section 120B.36, subdivision 1, is amended to read:

Subdivision 1.

School performance reports.

(a) The commissioner shall report
student academic performance under section 120B.35, subdivision 2; the percentages of
students showing low, medium, and high growth under section 120B.35, subdivision
3, paragraph (b); school safety and student engagement and connection under section
120B.35, subdivision 3, paragraph (d); rigorous coursework under section 120B.35,
subdivision 3, paragraph (c); the percentage of students under section 120B.35,
subdivision 3, paragraph (b), clause (2), whose progress and performance levels are
meeting career and college readiness benchmarks under sections 120B.30, subdivision 1,
and 120B.35, subdivision 3, paragraph (e); longitudinal data on the progress of eligible
districts in reducing disparities in students' academic achievement and realizing racial
and economic integration under section 124D.861; the acquisition of English, and
where practicable, native language academic literacy, including oral academic language,
and the academic progress of English learners under section 124D.59, subdivisions
2 and 2a; two separate student-to-teacher ratios that clearly indicate the definition of
teacher consistent with sections 122A.06 and 122A.15 for purposes of determining these
ratios; staff characteristics excluding salaries; student enrollment demographics; new text begin student
homelessness and new text end district mobility; and extracurricular activities. The report also must
indicate a school's adequate yearly progress status under applicable federal law, and must
not set any designations applicable to high- and low-performing schools due solely to
adequate yearly progress status.

(b) The commissioner shall develop, annually update, and post on the department
Web site school performance reports.

(c) The commissioner must make available performance reports by the beginning
of each school year.

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2014, section 124D.09, subdivision 5, is amended to read:

Subd. 5.

Authorization; notification.

Notwithstanding any other law to the
contrary, an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled
tribal contract or grant school eligible for aid under section 124D.83, except a foreign
exchange pupil enrolled in a district under a cultural exchange program, may apply to an
eligible institution, as defined in subdivision 3, to enroll in nonsectarian courses offered by
that postsecondary institution. Notwithstanding any other law to the contrary, a 9th or 10th
grade pupil enrolled in a district or an American Indian-controlled tribal contract or grant
school eligible for aid under section 124D.83, except a foreign exchange pupil enrolled in
a district under a cultural exchange program, may apply to enroll in nonsectarian courses
offered under subdivision 10, if new text begin (1) new text end after all 11th and 12th grade students have applied
for a course, additional students are necessary to offer the course new text begin and the school district
and the eligible postsecondary institution providing the course agree to the student's
enrollment or (2) the course is a world language course currently available to 11th and
12th grade students, and consistent with section 120B.022 governing world language
standards, certificates, and seals new text end . If an institution accepts a secondary pupil for enrollment
under this section, the institution shall send written notice to the pupil, the pupil's school
or school district, and the commissioner within ten days of acceptance. The notice must
indicate the course and hours of enrollment of that pupil. If the pupil enrolls in a course for
postsecondary credit, the institution must notify the pupil about payment in the customary
manner used by the institution.

Sec. 8.

Minnesota Statutes 2014, section 124D.09, subdivision 8, is amended to read:

Subd. 8.

Limit on participation.

A pupil who first enrolls in grade 9 may not
enroll in postsecondary courses under this section for secondary credit for more than
the equivalent of four academic years. A pupil who first enrolls in grade 10 may not
enroll in postsecondary courses under this section for secondary credit for more than
the equivalent of three academic years. A pupil who first enrolls in grade 11 may not
enroll in postsecondary courses under this section for secondary credit for more than the
equivalent of two academic years. A pupil who first enrolls in grade 12 may not enroll in
postsecondary courses under this section for secondary credit for more than the equivalent
of one academic year. If a pupil in grade 9, 10, 11, or 12 first enrolls in a postsecondary
course for secondary credit during the school year, the time of participation shall be
reduced proportionately. If a pupil is in a learning year or other year-round program and
begins each grade in the summer session, summer sessions shall not be counted against
the time of participation. new text begin If a school district determines a pupil is not on track to graduate,
the limit on participation does not apply to that pupil. new text end A pupil who has graduated from
high school cannot participate in a program under this section. A pupil who has completed
course requirements for graduation but who has not received a diploma may participate in
the program under this section.

Sec. 9.

Minnesota Statutes 2014, section 124D.091, subdivision 1, is amended to read:

Subdivision 1.

Accreditation.

To establish a uniform standard by which
concurrent enrollment courses and professional development activities may be measured,
postsecondary institutions deleted text begin are encouraged to apply for accreditation by deleted text end new text begin must adopt and
implement new text end the National Alliance of Concurrent Enrollment deleted text begin Partnership deleted text end new text begin Partnership's
program standards and required evidence for accreditation by the 2020-2021 school year
and later new text end .

Sec. 10.

Minnesota Statutes 2014, section 124D.165, subdivision 2, is amended to read:

Subd. 2.

Family eligibility.

(a) For a family to receive an early learning scholarship,
parents or guardians must meet the following eligibility requirements:

(1) have a child three or four years of age on September 1 of the current school year,
who has not yet started kindergarten; and

(2) have income equal to or less than 185 percent of federal poverty level income
in the current calendar year, or be able to document their child's current participation in
the free and reduced-price lunch program or child and adult care food program, National
School Lunch Act, United States Code, title 42, sections 1751 and 1766; the Food
Distribution Program on Indian Reservations, Food and Nutrition Act, United States
Code, title 7, sections 2011-2036; Head Start under the federal Improving Head Start for
School Readiness Act of 2007; Minnesota family investment program under chapter 256J;
child care assistance programs under chapter 119B; the supplemental nutrition assistance
program; or placement in foster care under section 260C.212.

(b) Notwithstanding the other provisions of this section, a parent under age 21 who
is pursuing a high school or general education equivalency diploma new text begin or postsecondary
training or education new text end is eligible for an early learning scholarship if the parent has a child
age zero to five years old and meets the income eligibility guidelines in this subdivision.

(c) Any siblings between the ages zero to five years old of a child who has been
awarded a scholarship under this section must be awarded a scholarship upon request,
provided the sibling attends the same program as long as funds are available.

new text begin (d) Beginning September 1, 2015, any child under the age of five years old on
September 1 of the current school year who has not started kindergarten and is a recipient
of an Early Learning Scholarship funded under the federal Race to the Top - Early Learning
Challenge Grant must receive a scholarship under this section at the end of the child's Race
to the Top - Early Learning Challenge Grant scholarship as long as funds are available.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end A child who has received a scholarship under this section must continue to
receive a scholarship each year until that child is eligible for kindergarten under section
120A.20 and as long as funds are available.

deleted text begin (e) deleted text end new text begin (f) new text end Early learning scholarships may not be counted as earned income for the
purposes of medical assistance under chapter 256B, MinnesotaCare under chapter 256L,
Minnesota family investment program under chapter 256J, child care assistance programs
under chapter 119B, or Head Start under the federal Improving Head Start for School
Readiness Act of 2007.

Sec. 11.

Minnesota Statutes 2014, section 124D.165, subdivision 3, is amended to read:

Subd. 3.

Administration.

(a) The commissioner shall establish application
timelines and determine the schedule for awarding scholarships that meets operational
needs of eligible families and programs.

new text begin (b) new text end The commissioner may prioritize applications on factors including new text begin :
new text end

new text begin (1) new text end family income deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end geographic location deleted text begin , deleted text end new text begin ; new text end and

new text begin (3) new text end whether the deleted text begin child's family deleted text end new text begin child:
new text end

new text begin (i) new text end is new text begin in foster care;
new text end

new text begin (ii) is experiencing homelessness;
new text end

new text begin (iii) is new text end on a waiting list for a publicly funded program providing early education
or child care services new text begin ; or
new text end

new text begin (iv) has a parent under age 21 who is pursuing a high school or postsecondary
training or education new text end .

deleted text begin (b) deleted text end new text begin (c) new text end For fiscal years 2014 and 2015 only, scholarships may not exceed $5,000
per year for each eligible child. For fiscal year 2016 and later, the commissioner shall
establish a target for the average scholarship amount per child based on the results of the
rate survey conducted under section 119B.02.

deleted text begin (c) deleted text end new text begin (d) new text end A four-star rated program that has children eligible for a scholarship enrolled
in or on a waiting list for a program beginning in July, August, or September may notify
the commissioner, in the form and manner prescribed by the commissioner, each year
of the program's desire to enhance program services or to serve more children than
current funding provides. The commissioner may designate a predetermined number of
scholarship slots for that program and notify the program of that number. Beginning July
1, 2016, a school district or Head Start program qualifying under this paragraph may
use its established registration process to enroll scholarship recipients and may verify a
scholarship recipient's family income in the same manner as for other program participants.

deleted text begin (d) deleted text end new text begin (e) new text end A scholarship is awarded for a 12-month period. If the scholarship recipient
has not been accepted and subsequently enrolled in a rated program within deleted text begin ten deleted text end new text begin six new text end months
of the awarding of the scholarship, the scholarship cancels and the recipient must reapply
in order to be eligible for another scholarship. A child may not be awarded more than one
scholarship in a 12-month period.

deleted text begin (e) deleted text end new text begin (f) new text end A child who receives a scholarship who has not completed development
screening under sections 121A.16 to 121A.19 must complete that screening within 90
days of first attending an eligible program.

deleted text begin (f) deleted text end new text begin (g) new text end For fiscal year 2017 and later, a school district or Head Start program enrolling
scholarship recipients under paragraph deleted text begin (c) deleted text end new text begin (d) new text end may apply to the commissioner, in the form
and manner prescribed by the commissioner, for direct payment of state aid. Upon receipt
of the application, the commissioner must pay each program directly for each approved
scholarship recipient enrolled under paragraph deleted text begin (c) deleted text end new text begin (d) new text end according to the metered payment
system or another schedule established by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2016 and later.
new text end

Sec. 12.

Minnesota Statutes 2014, section 124D.165, subdivision 4, is amended to read:

Subd. 4.

Early childhood program eligibility.

(a) In order to be eligible to accept
an early learning scholarship, a program must:

(1) participate in the quality rating and improvement system under section
124D.142; and

(2) beginning July 1, 2016, have a three- or four-star rating in the quality rating
and improvement system.

deleted text begin (b) Any program accepting scholarships must use the revenue to supplement and not
supplant federal funding.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end Notwithstanding paragraph (a), all Minnesota early learning foundation
scholarship program pilot sites are eligible to accept an early learning scholarship under
this section.

new text begin (c) A provider is not eligible to participate in the scholarship program under this
section if:
new text end

new text begin (1) the provider has been disqualified from receiving payment for child care services
from the child care assistance program under chapter 119B due to wrongfully obtaining
child care assistance under section 256.98, subdivision 8, paragraph (c);
new text end

new text begin (2) the program or individual is currently on the national disqualified list for the
Child and Adult Care Food Program; or
new text end

new text begin (3) the program or provider has been convicted of any activity that occurred during
the past seven years indicating a lack of business integrity, including fraud, making false
statements, receiving stolen property, making false claims, or obstruction of justice.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2016 and later.
new text end

Sec. 13.

Minnesota Statutes 2014, section 124D.165, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Record-keeping requirements. new text end

new text begin A program participating under
this section must maintain and, at the commissioner's request, make available to the
commissioner the attendance records and records of charges and payments for all children
participating in this program, including payments from sources other than this program.
new text end

Sec. 14.

Minnesota Statutes 2014, section 124D.165, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Use of funds. new text end

new text begin (a) Scholarships must be used to supplement and not
supplant federal funding.
new text end

new text begin (b) A scholarship must be used in a program the child regularly attends to ensure
the child's access to the general curriculum of the program, consistent with the program
schedule.
new text end

Sec. 15.

Minnesota Statutes 2014, section 124D.73, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Advisory task force deleted text end new text begin Tribal Nations Education Committee new text end .

deleted text begin "Advisory
task force" deleted text end new text begin "Tribal Nations Education Committee" new text end means the deleted text begin state advisory task force deleted text end new text begin
committee established through tribal directive that the commissioner consults with new text end
on American Indian education programs new text begin , policy, and all matters related to educating
Minnesota's American Indian students new text end .

Sec. 16.

Minnesota Statutes 2014, section 124D.73, subdivision 4, is amended to read:

Subd. 4.

Participating school; American Indian school.

"Participating school"
and "American Indian school" mean a school that:

(1) is not operated by a school district; and

(2) is eligible for a grant under new text begin federal new text end Title deleted text begin IV of the Indian deleted text end new text begin VII of the Elementary
and Secondary new text end Education Act for the education of American Indian children.

Sec. 17.

Minnesota Statutes 2014, section 124D.74, subdivision 1, is amended to read:

Subdivision 1.

Program described.

American Indian education programs are
programs in public elementary and secondary schools, nonsectarian nonpublic, community,
tribal, charter, or alternative schools enrolling American Indian children designed to:

(1) support postsecondary preparation for pupils;

(2) support the academic achievement of American Indian students deleted text begin with identified
focus to improve reading and mathematic skills deleted text end ;

(3) make the curriculum deleted text begin more deleted text end relevant to the needs, interests, and cultural heritage
of American Indian pupils;

(4) provide positive reinforcement of the self-image of American Indian pupils;

(5) develop intercultural awareness among pupils, parents, and staff; and

(6) supplement, not supplant, state and federal educational and cocurricular programs.

Program deleted text begin components may include: development of support components for students in
the areas of deleted text end new text begin services designed to increase completion and graduation rates of American
Indian students must emphasize new text end academic achievement, retention, and attendance;
development of support deleted text begin components deleted text end new text begin services new text end for staff, including in-service training and
technical assistance in methods of teaching American Indian pupils; research projects,
including deleted text begin experimentation with deleted text end new text begin innovative teaching approaches new text end and evaluation of
methods of relating to American Indian pupils; provision of deleted text begin personal and vocational deleted text end new text begin
career new text end counseling to American Indian pupils; modification of curriculum, instructional
methods, and administrative procedures to meet the needs of American Indian pupils; and
supplemental instruction in American Indian language, literature, history, and culture.
Districts offering programs may make contracts for the provision of program deleted text begin components deleted text end new text begin
services new text end by establishing cooperative liaisons with tribal programs and American Indian
social service agencies. These programs may also be provided as components of early
childhood and family education programs.

Sec. 18.

Minnesota Statutes 2014, section 124D.74, subdivision 3, is amended to read:

Subd. 3.

Enrollment of other children; shared time enrollment.

To the extent
it is economically feasible, a district or participating school may make provision for the
voluntary enrollment of non-American Indian children in the instructional components of
an American Indian education program in order that they may acquire an understanding of
the cultural heritage of the American Indian children for whom that particular program is
designed. However, in determining eligibility to participate in a program, priority must be
given to American Indian children. American Indian children and other children enrolled
in an existing nonpublic school system may be enrolled on a shared time basis in new text begin all
academic, targeted services, and new text end American Indian education programs.

Sec. 19.

Minnesota Statutes 2014, section 124D.74, subdivision 6, is amended to read:

Subd. 6.

Nonverbal courses and extracurricular activities.

In predominantly
nonverbal subjects, such as art, music, and physical education, American Indian children
shall participate fully and on an equal basis with their deleted text begin contemporaries deleted text end new text begin peers new text end in school
classes provided for these subjects. Every school district or participating school shall
ensure to children enrolled in American Indian education programs an equal and
meaningful opportunity to participate fully with other children in all extracurricular
activities. This subdivision shall not be construed to prohibit instruction in nonverbal
subjects or extracurricular activities which relate to the cultural heritage of the American
Indian children, or which are otherwise necessary to accomplish the objectives described
in sections 124D.71 to 124D.82.

Sec. 20.

Minnesota Statutes 2014, section 124D.75, subdivision 1, is amended to read:

Subdivision 1.

American Indian language and culture education licenses.

The
Board of Teaching new text begin , in consultation with the Tribal Nations Education Committee, new text end must
grant initial and continuing teaching licenses in American Indian language and culture
education that bear the same duration as other initial and continuing licenses. The board
must grant licenses to persons who present satisfactory evidence that they:

(1) possess competence in an American Indian language or possess unique
qualifications relative to or knowledge and understanding of American Indian history
and culture; or

(2) possess a bachelor's degree or other academic degree approved by the board or
meet such requirements as to course of study and training as the board may prescribe, or
possess such relevant experience as the board may prescribe.

This evidence may be presented by affidavits, new text begin tribal new text end resolutions, or by such other
methods as the board may prescribe. Individuals may present applications for licensure on
their own behalf or these applications may be submitted by the superintendent or other
authorized official of a school district, participating school, or an American Indian school.

Sec. 21.

Minnesota Statutes 2014, section 124D.75, subdivision 3, is amended to read:

Subd. 3.

Resolution or letter.

All persons applying for a license under this section
must submit to the board a resolution or letter of support signed by an American Indian
tribal government deleted text begin or its designee deleted text end . All persons holding a license under this section deleted text begin on July
1, 1995, deleted text end must have on file or file with the board a resolution or letter of support signed by
a tribal government deleted text begin or its designee by January 1, 1996, or the next renewal date of the
license thereafter deleted text end .

Sec. 22.

Minnesota Statutes 2014, section 124D.75, subdivision 9, is amended to read:

Subd. 9.

Affirmative efforts in hiring.

In hiring for all positions in these programs,
school districts and participating schools shall give preference to and make affirmative
efforts to seek, recruit, and employ persons who share the culture of the American Indian
children who are enrolled in the program. The district or participating school deleted text begin shall deleted text end new text begin must new text end
provide procedures for the involvement of the parent advisory committees in deleted text begin designing
the procedures for deleted text end the recruitment, screening and selection of applicants. This subdivision
shall not be construed to limit the school board's authority to hire and discharge personnel.

Sec. 23.

Minnesota Statutes 2014, section 124D.76, is amended to read:

124D.76 deleted text begin TEACHERS AIDES; deleted text end COMMUNITY COORDINATORS new text begin , INDIAN
HOME/SCHOOL LIAISONS, PARAPROFESSIONALS new text end .

In addition to employing American Indian language and culture education teachers,
each district or participating school providing programs pursuant to sections 124D.71 to
124D.82 may employ deleted text begin teachers' aides deleted text end new text begin paraprofessionals new text end . deleted text begin Teachers' aides deleted text end new text begin Paraprofessionals new text end
must not be employed for the purpose of supplanting American Indian language and
culture education teachers.

Any district or participating school which conducts American Indian education
programs pursuant to sections 124D.71 to 124D.82 must employ one or more full-time
or part-time community coordinators new text begin or Indian home/school liaisons new text end if there are 100 or
more new text begin American Indian new text end students enrolled in the deleted text begin program deleted text end new text begin district new text end . Community coordinators
shall promote communication understanding, and cooperation between the schools and the
community and shall visit the homes of children who are to be enrolled in an American
Indian education program in order to convey information about the program.

Sec. 24.

Minnesota Statutes 2014, section 124D.78, is amended to read:

124D.78 PARENT AND COMMUNITY PARTICIPATION.

Subdivision 1.

Parent committee.

School boards and American Indian schools
must provide for the maximum involvement of parents of children enrolled in education
programs, programs for elementary and secondary grades, special education programs,
and support services. Accordingly, the board of a school district in which there are ten
or more American Indian deleted text begin children deleted text end new text begin students new text end enrolled and each American Indian school
must establish deleted text begin a deleted text end new text begin an American Indian education new text end parent new text begin advisory new text end committee. If a committee
whose membership consists of a majority of parents of American Indian children has been
or is established according to federal, tribal, or other state law, that committee may serve
as the committee required by this section and is subject to, at least, the requirements of
this subdivision and subdivision 2.

The new text begin American Indian education new text end parent new text begin advisory new text end committee must develop its
recommendations in consultation with the curriculum advisory committee required by
section 120B.11, subdivision 3. This committee must afford parents the necessary
information and the opportunity effectively to express their views concerning all aspects
of American Indian education and the educational needs of the American Indian children
enrolled in the school or program. deleted text begin The committee must also address the need for adult
education programs for American Indian people in the community. deleted text end The new text begin school new text end board or
American Indian school must ensure that programs are planned, operated, and evaluated
with the involvement of and in consultation with parents of deleted text begin children deleted text end new text begin students new text end served by
the programs.

Subd. 2.

Resolution of concurrence.

Prior to deleted text begin December deleted text end new text begin March new text end 1, the new text begin school
new text end board or American Indian school must submit to the department a copy of a resolution
adopted by the new text begin American Indian education new text end parent new text begin advisory new text end committee. The copy must be
signed by the chair of the committee and must state whether the committee concurs with
the educational programs for American Indian deleted text begin children deleted text end new text begin students new text end offered by the school
board or American Indian school. If the committee does not concur with the educational
programs, the reasons for nonconcurrence and recommendations shall be submitted with
the resolution. By resolution, the board must respond new text begin in writing within 60 days new text end , in cases
of nonconcurrence, to each recommendation made by the committee and state its reasons
for not implementing the recommendations.

Subd. 3.

Membership.

The new text begin American Indian education parent advisory new text end committee
must be composed of parents of children eligible to be enrolled in American Indian
education programs; secondary students eligible to be served; American Indian language
and culture education teachers and deleted text begin aides deleted text end new text begin paraprofessionals new text end ; American Indian teachers;
counselors; adult American Indian people enrolled in educational programs; and
representatives from community groups. A majority of each committee must be parents
of children enrolled or eligible to be enrolled in the programs. The number of parents
of American Indian and non-American Indian children shall reflect approximately the
proportion of children of those groups enrolled in the programs.

Subd. 4.

Alternate committee.

If the organizational membership or the board
of directors of an American Indian school consists of parents of children attending the
school, that membership or board may serve also as the new text begin American Indian education new text end parent
new text begin advisory new text end committee.

Sec. 25.

Minnesota Statutes 2014, section 124D.79, subdivision 1, is amended to read:

Subdivision 1.

new text begin American Indian new text end community involvement.

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

Sec. 26.

Minnesota Statutes 2014, section 124D.79, subdivision 2, is amended to read:

Subd. 2.

Technical assistance.

The commissioner shall provide technical assistance
to districts, schools and postsecondary institutions for preservice and in-service training
for new text begin teachers, new text end American Indian education teachers and deleted text begin teacher's aides, deleted text end new text begin paraprofessionals
specifically designed to implement culturally responsive new text end teaching methods, new text begin culturally
based new text end curriculum development, testing and testing mechanisms, and the development of
materials for American Indian education programs.

Sec. 27.

Minnesota Statutes 2014, section 124D.791, subdivision 4, is amended to read:

Subd. 4.

Duties; powers.

The Indian education director shall:

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

(2) evaluate the state of American Indian education in Minnesota;

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

(4) advise the commissioner on American Indian education issues, including:

(i) issues facing American Indian students;

(ii) policies for American Indian education;

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

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

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

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

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

(ii) increase the number of American Indian teachers in public schools;

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

(iv) increase the statewide graduation rate for American Indian students; and

(v) increase American Indian student placement in postsecondary programs and
the workforce; and

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

Sec. 28. new text begin REPORT ON ASSESSING STUDENTS' PROFICIENCY IN FOREIGN
LANGUAGES FOR WHICH ACTFL ASSESSMENTS ARE NOT AVAILABLE.
new text end

new text begin By February 1, 2016, the commissioner of education, in consultation with the
chancellor of the Minnesota State Colleges and Universities, may prepare and submit to
the K-12 and higher education committees of the legislature a report recommending how
best to: assess students' foreign language proficiency under Minnesota Statutes, section
120B.022, subdivisions 1a and 1b, when ACTFL or equivalent valid and reliable language
proficiency assessments are not available; create guidelines for curriculum, instruction,
and assessments for foreign languages for which no written forms exist; and, if needed,
train a corps of individuals qualified to assess students' foreign language proficiency. The
commissioner, when preparing the report, must also consult with postsecondary world
languages faculty, teachers of English to speakers of other languages, other experts on
teaching language and culture and acquiring language, state councils whose constituencies
include nonnative English language speakers, and other stakeholders.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 29. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 120B.35, subdivision 5; and 126C.12, subdivision
6, new text end new text begin are repealed.
new text end

ARTICLE 4

EDUCATION PROGRAMS

Section 1.

Minnesota Statutes 2014, section 120A.41, is amended to read:

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

A school board's annual school calendar must include at least 425 hours of
instruction for a kindergarten student without a disability, 935 hours of instruction for a
student in grades 1 though 6, and 1,020 hours of instruction for a student in grades 7
though 12, not including summer school. The school calendar for all-day kindergarten
must include at least 850 hours of instruction for the school year. A school board's annual
calendar must include at least 165 days of instruction for a student in grades 1 through
11 unless a four-day week schedule has been approved by the deleted text begin commissioner deleted text end new text begin board new text end under
section deleted text begin 124D.126 deleted text end new text begin 124D.122 new text end .

Sec. 2.

Minnesota Statutes 2014, section 120B.12, subdivision 4a, is amended to read:

Subd. 4a.

Local literacy plan.

new text begin (a) new text end Consistent with this section, a school district
must adopt a local literacy plan to have every child reading at or above grade level no
later than the end of grade 3, including English learners. The plan must new text begin be consistent with
section 122A.06, subdivision 4, and new text end include new text begin the following:
new text end

new text begin (1) new text end a process to assess students' level of reading proficiency deleted text begin , deleted text end new text begin and data to support the
effectiveness of an assessment used to screen and identify a student's level of reading
proficiency;
new text end

new text begin (2) a process to new text end notify and involve parents deleted text begin , intervene with deleted text end new text begin ;
new text end

new text begin (3) a description of how schools in the district will determine the proper reading
intervention strategy for a student and the process for intensifying or modifying the
reading strategy in order to obtain measurable reading progress;
new text end

new text begin (4) evidence-based intervention methods for new text end students who are not reading at or
above grade level deleted text begin , and identify and meet deleted text end new text begin and progress monitoring to provide information
on the effectiveness of the intervention; and
new text end

new text begin (5) identification of new text end staff development needs new text begin , including a program to meet those
needs new text end .

new text begin (b) new text end The district must post its literacy plan on the official school district Web site.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2016 and later.
new text end

Sec. 3.

Minnesota Statutes 2014, section 124D.09, subdivision 5a, is amended to read:

Subd. 5a.

Authorization; career or technical education.

A 10th, 11th, or 12th
grade pupil enrolled in a district or an American Indian-controlled tribal contract or grant
school eligible for aid under section 124D.83, except a foreign exchange pupil enrolled in
a district under a cultural exchange program, may enroll in a career or technical education
course offered by a Minnesota state college or university. A 10th grade pupil applying
for enrollment in a career or technical education course under this subdivision must have
received a passing score on the 8th grade Minnesota Comprehensive Assessment in
reading as a condition of enrollment. new text begin A current 10th grade pupil who did not take the 8th
grade Minnesota Comprehensive Assessment in reading may substitute another reading
assessment accepted by the enrolling postsecondary institution. new text end A secondary pupil may
enroll in the pupil's first postsecondary options enrollment course under this subdivision.
A student who is refused enrollment by a Minnesota state college or university under this
subdivision may apply to an eligible institution offering a career or technical education
course. The postsecondary institution must give priority to its students according to
subdivision 9. If a secondary student receives a grade of "C" or better in the career or
technical education course taken under this subdivision, the postsecondary institution
must allow the student to take additional postsecondary courses for secondary credit at
that institution, not to exceed the limits in subdivision 8. A "career or technical course" is
a course that is part of a career and technical education program that provides individuals
with coherent, rigorous content aligned with academic standards and relevant technical
knowledge and skills needed to prepare for further education and careers in current and
emerging professions and provide technical skill proficiency, an industry recognized
credential, and a certificate, a diploma, or an associate degree.

Sec. 4.

Minnesota Statutes 2014, section 124D.09, subdivision 9, is amended to read:

Subd. 9.

Enrollment priority.

(a) A postsecondary institution shall give priority to
its postsecondary students when enrolling 10th, 11th, and 12th grade pupils in its courses.
A postsecondary institution may provide information about its programs to a secondary
school or to a pupil or parent and it may advertise or otherwise recruit or solicit a secondary
pupil to enroll in its programs on deleted text begin educational and programmatic grounds only except,
notwithstanding other law to the contrary, and for the 2014-2015 through 2019-2020
school years only, an eligible postsecondary institution may advertise or otherwise recruit
or solicit a secondary pupil residing in a school district with 700 students or more in grades
10, 11, and 12, to enroll in its programs on deleted text end educational, programmatic, or financial grounds.

new text begin (b) new text end An institution must not enroll secondary pupils, for postsecondary enrollment
options purposes, in remedial, developmental, or other courses that are not college level
except when a student eligible to participate new text begin and enrolled new text end in the graduation incentives
program under section 124D.68 enrolls full time in a middle or early college program new text begin . A
middle or early college program must be new text end specifically designed to allow the student to earn
dual high school and college credit new text begin with a well-defined pathway to allow the student to earn
a postsecondary degree or credential new text end . In this case, the student shall receive developmental
college credit and not college credit for completing remedial or developmental courses.

new text begin (c) new text end Once a pupil has been enrolled in any postsecondary course under this section,
the pupil shall not be displaced by another student.

deleted text begin (b) deleted text end new text begin (d) new text end If a postsecondary institution enrolls a secondary school pupil in a course
under this section, the postsecondary institution also must enroll in the same course an
otherwise enrolled and qualified postsecondary student who qualifies as a veteran under
section 197.447, and demonstrates to the postsecondary institution's satisfaction that the
institution's established enrollment timelines were not practicable for that student.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2014, section 124D.09, subdivision 12, is amended to read:

Subd. 12.

Credits.

A pupil must not audit a course under this section.

A district shall grant academic credit to a pupil enrolled in a course for secondary
credit if the pupil successfully completes the course. Seven quarter or four semester
college credits equal at least one full year of high school credit. Fewer college credits may
be prorated. A district must also grant academic credit to a pupil enrolled in a course for
postsecondary credit if secondary credit is requested by a pupil. If no comparable course is
offered by the district, the district must, as soon as possible, notify the commissioner, who
shall determine the number of credits that shall be granted to a pupil who successfully
completes a course. If a comparable course is offered by the district, the school board
shall grant a comparable number of credits to the pupil. If there is a dispute between the
district and the pupil regarding the number of credits granted for a particular course, the
pupil may appeal the board's decision to the commissioner. The commissioner's decision
regarding the number of credits shall be final.

The secondary credits granted to a pupil must be counted toward the graduation
requirements and subject area requirements of the district. Evidence of successful
completion of each course and secondary credits granted must be included in the pupil's
secondary school record. A pupil shall provide the school with a copy of the pupil's grade
in each course taken for secondary credit under this section. Upon the request of a pupil,
the pupil's secondary school record must also include evidence of successful completion
and credits granted for a course taken for postsecondary credit. In either case, the record
must indicate that the credits were earned at a postsecondary institution.

If a pupil enrolls in a postsecondary institution after leaving secondary school, the
postsecondary institution must award postsecondary credit for any course successfully
completed for secondary credit at that institution. Other postsecondary institutions may
award, after a pupil leaves secondary school, postsecondary credit for any courses
successfully completed under this section. An institution may not charge a pupil for
the award of credit.

The Board of Trustees of the Minnesota State Colleges and Universities and
the Board of Regents of the University of Minnesota must, and private nonprofit and
proprietary postsecondary institutions should, award postsecondary credit for any
successfully completed courses in a program certified by the National Alliance of
Concurrent Enrollment Partnerships offered according to an agreement under subdivision
10. new text begin Consistent with section 135A.101, subdivision 3, all MnSCU institutions must give
full credit to a secondary pupil who completes for postsecondary credit a postsecondary
course or program that is part or all of a goal area or a transfer curriculum at a MnSCU
institution when the pupil enrolls in a MnSCU institution after leaving secondary school.
Once one MnSCU institution certifies as completed a secondary student's postsecondary
course or program that is part or all of a goal area or a transfer curriculum, every MnSCU
institution must consider the student's course or program for that goal area or the transfer
curriculum as completed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 6.

Minnesota Statutes 2014, section 124D.121, is amended to read:

124D.121 DEFINITION OF FLEXIBLE LEARNING YEAR PROGRAM.

"Flexible learning year program" means any district plan deleted text begin approved by the
commissioner deleted text end that utilizes buildings and facilities during the entire year or that provides
forms of optional scheduling of pupils and personnel during the learning year in
elementary and secondary schools or residential facilities for children with a disability.

Sec. 7.

Minnesota Statutes 2014, section 124D.122, is amended to read:

124D.122 ESTABLISHMENT OF FLEXIBLE LEARNING YEAR PROGRAM.

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

Sec. 8.

Minnesota Statutes 2014, section 124D.126, subdivision 1, is amended to read:

Subdivision 1.

Powers and duties.

The commissioner must:

deleted text begin (1) promulgate rules necessary to the operation of sections 124D.12 to 124D.127;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end cooperate with and provide supervision of flexible learning year programs
to determine compliance with the provisions of sections 124D.12 to 124D.127 deleted text begin , the
commissioner's standards and qualifications, and the proposed program as submitted
and approved deleted text end ;

deleted text begin (3) deleted text end new text begin (2) new text end provide any necessary adjustments of (a) attendance and membership
computations and (b) the dates and percentages of apportionment of state aids; and

deleted text begin (4) deleted text end new text begin (3) new text end consistent with the definition of "average daily membership" in section
126C.05, subdivision 8, furnish the board of a district implementing a flexible learning
year program with a formula for computing average daily membership. This formula must
be computed so that tax levies to be made by the district, state aids to be received by the
district, and any and all other formulas based upon average daily membership are not
affected solely as a result of adopting this plan of instruction.

Sec. 9.

Minnesota Statutes 2014, section 124D.127, is amended to read:

124D.127 TERMINATION OF FLEXIBLE LEARNING YEAR PROGRAM.

The board of any district deleted text begin , with the approval of the commissioner of education, deleted text end may
terminate a flexible learning year program in one or more of the day or residential facilities
for children with a disability within the district. This section shall not be construed to
permit an exception to section 120A.22, 127A.41, subdivision 7, or 127A.43.

Sec. 10.

Minnesota Statutes 2014, section 124D.128, subdivision 1, is amended to read:

Subdivision 1.

Program established.

A learning year program provides instruction
throughout the year on an extended year calendar, extended school day calendar, or
both. deleted text begin A pupil may participate in the program and accelerate attainment of grade level
requirements or graduation requirements. deleted text end A learning year program may begin after the
close of the regular school year in June. The program may be for students in one or more
grade levels from kindergarten through grade 12.

Sec. 11.

Minnesota Statutes 2014, section 124D.13, subdivision 4, is amended to read:

Subd. 4.

Home visiting program.

new text begin (a) new text end A district that levies for home visiting under
section 124D.135, subdivision 6, shall use this revenue to include as part of the early
childhood family education programs a parent education component that is designed to
reach isolated or at-risk families.

The home visiting program must:

(1) incorporate evidence-informed parenting education practices designed to support
the healthy growth and development of children, with a priority focus on new text begin reaching new text end those
children who have high needs new text begin at as early an age as possible new text end ;

(2) establish clear objectives and protocols for home visits;

(3) encourage families to make a transition from home visits to site-based parenting
programs;

(4) provide program services that are community-based, accessible, and culturally
relevant;

(5) foster collaboration among existing agencies and community-based organizations
that serve young children and their families, such as public health evidence-based models
of home visiting and Head Start home visiting; and

(6) provide information about and assist in making arrangements for an early
childhood health and developmental screening when the child nears his or her third birthday.

The home visiting program should be provided by licensed parenting educators,
certified family life educators, or professionals with an equivalent license that reflect the
demographic composition of the community to the extent possible.

new text begin (b) A home visiting program must include information focused on early brain
development, including but not limited to brain development at different stages of life,
expectations of cognitive functions at different stages of life, suggested activities to
encourage healthy brain development, and suggested activities to discourage negative
brain development based on a child's surroundings.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 12.

Minnesota Statutes 2014, section 125A.01, is amended to read:

125A.01 DEFINITIONS.

new text begin Subdivision 1. new text end

new text begin General application. new text end

For purposes of this chapter, the words defined
in section 120A.05 have the same meaning.

new text begin Subd. 2. new text end

new text begin Dyslexia. new text end

new text begin "Dyslexia" means a specific learning disability that is
neurological in origin. It is characterized by difficulties with accurate or fluent recognition
of words and by poor spelling and decoding abilities. These difficulties typically result
from a deficit in the phonological component of language that is often unexpected in
relation to other cognitive abilities and the provision of effective classroom instruction.
Secondary consequences may include problems in reading comprehension and reduced
reading experience that can impede the growth of vocabulary and background knowledge.
new text end

Sec. 13.

Minnesota Statutes 2014, section 135A.101, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Minnesota transfer curriculum. new text end

new text begin Notwithstanding section 135A.08 or
other law to the contrary, all MnSCU institutions must give full credit to a secondary pupil
who completes for postsecondary credit a postsecondary course or program that is part or
all of a goal area or a transfer curriculum at a MnSCU institution when the pupil enrolls
in a MnSCU institution after leaving secondary school. Once one MnSCU institution
certifies as completed a secondary student's postsecondary course or program that is part
or all of a goal area or a transfer curriculum, every MnSCU institution must consider the
student's course or program for that goal area or the transfer curriculum as completed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015.
new text end

Sec. 14. new text begin COMMISSIONER OF EDUCATION RECOMMENDATIONS ON
SERVICE LEARNING.
new text end

new text begin The commissioner of education must make recommendations to the legislature on
teacher preparation and licensure requirements in the area of service learning by February
15, 2016, consistent with Minnesota Statutes, section 124D.50. The commissioner must
consult with service-learning experts, representatives of teacher preparation programs and
institutions, community-based service-learning practitioners, licensed teachers, and other
interested stakeholders in developing recommendations.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 15. new text begin TRANSFER CURRICULUM REPORT.
new text end

new text begin By February 1, 2016, the chancellor of the Minnesota State Colleges and
Universities must prepare and submit to the K-12 and higher education committees of
the legislature a report describing the implementation of the transfer curriculum policy
for postsecondary enrollment options program students under Minnesota Statutes,
sections 124D.09, subdivision 12, and 135A.101, subdivision 3, and how to standardize
Advanced Placement, International Baccalaureate, and college-level exam program course
equivalencies across all state colleges and universities.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 3500.1000, new text end new text begin is repealed.
new text end

ARTICLE 5

SPECIAL EDUCATION

Section 1.

Minnesota Statutes 2014, section 122A.31, subdivision 1, is amended to read:

Subdivision 1.

Requirements for American sign language/English interpreters.

(a) In addition to any other requirements that a school district establishes, any person
employed to provide American sign language/English interpreting or sign transliterating
services on a full-time or part-time basis for a school district after July 1, 2000, must:

(1) hold current interpreter and transliterator certificates awarded by the Registry
of Interpreters for the Deaf (RID), or the general level interpreter proficiency certificate
awarded by the National Association of the Deaf (NAD), or a comparable state
certification from the commissioner of education; and

(2) satisfactorily complete an interpreter/transliterator training program affiliated
with an accredited educational institution.

(b) New graduates of an interpreter/transliterator program affiliated with an
accredited education institution shall be granted a two-year provisional certificate by
the commissioner. During the two-year provisional period, the interpreter/transliterator
must develop and implement an education plan in collaboration with a mentor under
paragraph (c).

(c) A mentor of a provisionally certified interpreter/transliterator must be an
interpreter/transliterator who has either NAD level IV or V certification or RID
certified interpreter and certified transliterator certification and have at least three
years interpreting/transliterating experience in any educational setting. The mentor, in
collaboration with the provisionally certified interpreter/transliterator, shall develop and
implement an education plan designed to meet the requirements of paragraph (a), clause
(1), and include a weekly on-site mentoring process.

(d) Consistent with the requirements of this paragraph, a person holding a
provisional certificate may apply to the commissioner for one time-limited extension.
The commissioner, in consultation with the Commission of Deaf, DeafBlind and
Hard-of-Hearing Minnesotans, must grant the person a time-limited extension of the
provisional certificate based on the following documentation:

(1) letters of support from the person's mentor, a parent of a pupil the person serves,
the special education director of the district in which the person is employed, and a
representative from the regional service center of the deaf and hard-of-hearing;

(2) records of the person's formal education, training, experience, and progress on
the person's education plan; and

(3) an explanation of why the extension is needed.

As a condition of receiving the extension, the person must comply with a plan
and the accompanying time line for meeting the requirements of this subdivision. A
committee composed of the deleted text begin director of the Minnesota Resource Center Serving Deaf and
Hard-of-Hearing, or the director's designee deleted text end new text begin K-12 deaf and hard-of-hearing coordinator new text end ,
a representative of the Minnesota Association of Deaf Citizens, a representative of the
Minnesota Registry of Interpreters of the Deaf, and other appropriate persons selected
by the commissioner must develop the plan and time line for the person receiving the
extension.

(e) A school district may employ only an interpreter/transliterator who has been
certified under paragraph (a) or (b), or for whom a time-limited extension has been
granted under paragraph (d).

Sec. 2.

Minnesota Statutes 2014, section 122A.31, subdivision 2, is amended to read:

Subd. 2.

Oral or cued speech transliterators.

(a) In addition to any other
requirements that a school district establishes, any person employed to provide oral
transliterating or cued speech transliterating services on a full-time or part-time basis for a
school district after July 1, 2000, must hold a current applicable transliterator certificate
awarded by the national certifying association or comparable state certification from
the commissioner of education.

(b) To provide oral or cued speech transliterator services on a full-time or part-time
basis, a person employed in a school district must comply with paragraph (a). The
commissioner shall grant a nonrenewable, two-year certificate to a school district on behalf
of a person who has not yet attained a current applicable transliterator certificate under
paragraph (a). A person for whom a nonrenewable, two-year certificate is issued must
work under the direction of a licensed teacher who is skilled in language development
of individuals who are deaf or hard-of-hearing. A person for whom a nonrenewable,
two-year certificate is issued also must enroll in a state-approved training program and
demonstrate progress towards the certification required under paragraph (a) sufficient for
the person to be certified at the end of the two-year period.

(c) Consistent with the requirements of this paragraph, a person holding a
provisional certificate may apply to the commissioner for one time-limited extension. The
commissioner, in consultation with the Commission Serving Deaf and Hard-of-Hearing
People, must grant the person a time-limited extension of the provisional certificate based
on the following documentation:

(1) letters of support from the person's mentor, a parent of a pupil the person serves,
the special education director of the district in which the person is employed, and a
representative from the regional service center of the deaf and hard-of-hearing;

(2) records of the person's formal education, training, experience, and progress on
the person's education plan; and

(3) an explanation of why the extension is needed.

As a condition of receiving the extension, the person must comply with a plan
and the accompanying time line for meeting the requirements of this subdivision. A
committee composed of the deleted text begin director of the Minnesota Resource Center Serving Deaf and
Hard-of-Hearing, or the director's designee deleted text end new text begin K-12 deaf and hard-of-hearing coordinator new text end ,
a representative of the Minnesota Association of Deaf Citizens, a representative of the
Minnesota Registry of Interpreters of the Deaf, and other appropriate persons selected
by the commissioner must develop the plan and time line for the person receiving the
extension.

Sec. 3.

Minnesota Statutes 2014, section 123B.88, subdivision 1, is amended to read:

Subdivision 1.

Providing transportation.

The board may provide for the
transportation of pupils to and from school and for any other purpose. The board may
also provide for the transportation of pupils to schools in other districts for grades and
departments not maintained in the district, including high school, at the expense of the
district, when funds are available therefor and if agreeable to the district to which it is
proposed to transport the pupils, for the whole or a part of the school year, as it may
deem advisable, and subject to its rules. In any district, the board must arrange for the
attendance of all pupils living two miles or more from the school, except pupils whose
transportation privileges have been voluntarily surrendered under subdivision 2, or
whose privileges have been revoked under section 123B.91, subdivision 1, clause (6), or
123B.90, subdivision 2. The district may provide for the transportation of or the boarding
and rooming of the pupils who may be more economically and conveniently provided for
by that means. Arrangements for attendance may include a requirement that parents or
guardians request transportation before it is provided. The board must provide new text begin necessary
new text end transportation deleted text begin to and from the home of deleted text end new text begin , consistent with section 123B.92, subdivision 1,
paragraph (b), clause (4), for new text end a child with a disability not yet enrolled in kindergarten
deleted text begin when deleted text end new text begin for the provision of new text end special instruction and services under sections 125A.03 to
125A.24, 125A.26 to 125A.48, and 125A.65 deleted text begin are provided in a location other than in
the child's home deleted text end . new text begin Special instruction and services for a child with a disability not yet
enrolled in kindergarten include an individualized education program team placement
in an early childhood program when that placement is necessary to address the child's
level of functioning and needs. new text end When transportation is provided, scheduling of routes,
establishment of the location of bus stops, manner and method of transportation, control
and discipline of school children, the determination of fees, and any other matter relating
thereto must be within the sole discretion, control, and management of the board. The
district may provide for the transportation of pupils or expend a reasonable amount
for room and board of pupils whose attendance at school can more economically and
conveniently be provided for by that means or who attend school in a building rented or
leased by a district within the confines of an adjacent district.

Sec. 4.

Minnesota Statutes 2014, section 125A.023, subdivision 3, is amended to read:

Subd. 3.

Definitions.

For purposes of this section and section 125A.027, the
following terms have the meanings given them:

(a) "Health plan" means:

(1) a health plan under section 62Q.01, subdivision 3;

(2) a county-based purchasing plan under section 256B.692;

(3) a self-insured health plan established by a local government under section
471.617; or

(4) self-insured health coverage provided by the state to its employees or retirees.

(b) For purposes of this section, "health plan company" means an entity that issues
a health plan as defined in paragraph (a).

(c) "Interagency intervention service system" means a system that coordinates
services and programs required in state and federal law to meet the needs of eligible
children with disabilities ages birth through 21, including:

(1) services provided under the following programs or initiatives administered
by state or local agencies:

(i) the maternal and child health program under title V of the Social Security Act;

(ii) the Minnesota children with special health needs program under sections 144.05
and 144.07;

(iii) the Individuals with Disabilities Education Act, Part B, section 619, and Part
C as amended;

(iv) medical assistance under title 42, chapter 7, of the Social Security Act;

(v) developmental disabilities services under chapter 256B;

(vi) the Head Start Act under title 42, chapter 105, of the Social Security Act;

(vii) vocational rehabilitation services provided under chapters 248 and 268A and
the Rehabilitation Act of 1973;

(viii) Juvenile Court Act services provided under sections 260.011 to 260.91;
260B.001 to 260B.446; and 260C.001 to 260C.451;

(ix) Minnesota Comprehensive Children's Mental Health Act under section 245.487;

(x) the community health services grants under sections 145.88 to 145.9266;

(xi) the Local Public Health Act under chapter 145A; and

(xii) the Vulnerable Children and Adults Act, sections 256M.60 to 256M.80;

(2) service provision and funding that can be coordinated through:

(i) the children's mental health collaborative under section 245.493;

(ii) the family services collaborative under section 124D.23;

(iii) the community transition interagency committees under section 125A.22; and

(iv) the interagency early intervention committees under section 125A.259;

(3) financial and other funding programs to be coordinated including medical
assistance under title 42, chapter 7, of the Social Security Act, the MinnesotaCare program
under chapter 256L, Supplemental Social Security Income, Developmental Disabilities
Assistance, and any other employment-related activities associated with the Social
Security Administration; and services provided under a health plan in conformity with an
individual family service plan or an individualized education program or an individual
interagency intervention plan; and

(4) additional appropriate services that local agencies and counties provide on
an individual need basis upon determining eligibility and receiving a request from new text begin (i)
new text end the deleted text begin interagency early intervention committee deleted text end new text begin school board or county board new text end and new text begin (ii) new text end the
child's parent.

(d) "Children with disabilities" has the meaning given in section 125A.02.

(e) A "standardized written plan" means those individual services or programs, with
accompanying funding sources, available through the interagency intervention service
system to an eligible child other than the services or programs described in the child's
individualized education program or the child's individual family service plan.

Sec. 5.

Minnesota Statutes 2014, section 125A.023, subdivision 4, is amended to read:

Subd. 4.

State Interagency Committee.

(a) The commissioner of education, on
behalf of the governor, shall convene an interagency committee to develop and implement
a coordinated, multidisciplinary, interagency intervention service system for children ages
three to 21 with disabilities. The commissioners of commerce, education, health, human
rights, human services, employment and economic development, and corrections shall
each appoint two committee members from their departments; and the Association of
Minnesota Counties, Minnesota School Boards Association, the Minnesota Administrators
of Special Education, and the School Nurse Association of Minnesota shall each appoint
one committee member. The committee shall select a chair from among its members.

(b) The committee shall:

(1) identify and assist in removing state and federal barriers to local coordination of
services provided to children with disabilities;

(2) identify adequate, equitable, and flexible funding sources to streamline these
services;

(3) develop guidelines for implementing policies that ensure a comprehensive and
coordinated system of all state and local agency services, including multidisciplinary
assessment practices for children with disabilities ages three to 21, including:

(i) develop, consistent with federal law, a standardized written plan for providing
services to a child with disabilities;

(ii) identify how current systems for dispute resolution can be coordinated;

(iii) develop an evaluation process to measure the success of state and local
interagency efforts in improving the quality and coordination of services to children with
disabilities ages three to 21; and

(iv) develop guidelines to assist the governing boards of the interagency early
intervention committees in carrying out the duties assigned in section 125A.027,
subdivision 1, paragraph (b); and

(4) carry out other duties necessary to develop and implement within communities
a coordinated, multidisciplinary, interagency intervention service system for children
with disabilities.

(c) The committee shall consult on an ongoing basis with the state Special Education
Advisory Panel and the governor's Interagency Coordinating Council in carrying out
its duties under this section, including assisting the deleted text begin governing deleted text end new text begin school new text end boards deleted text begin of the
interagency early intervention committees deleted text end new text begin and county boards new text end .

Sec. 6.

Minnesota Statutes 2014, section 125A.027, is amended to read:

125A.027 deleted text begin INTERAGENCY EARLY INTERVENTION COMMITTEE
RESPONSIBILITIES deleted text end new text begin LOCAL AGENCY COORDINATION RESPONSIBILITIES new text end .

Subdivision 1.

deleted text begin Additional duties deleted text end new text begin School board and county board responsibilities new text end .

new text begin (a) It is the joint responsibility of school and county boards to coordinate, provide, and
pay for appropriate services and to facilitate payment for services from public and private
sources. Appropriate services for children eligible under section 125A.02 and receiving
services from two or more public agencies of which one is the public school must be
determined in consultation with parents, physicians, and other education, medical health,
and human services providers. The services provided must conform with a standardized
written plan for each eligible child ages three to 21.
new text end

new text begin (b) Appropriate services include those services listed on a child's standardized
written plan. These services are those that are required to be documented on a plan under
federal and state law or rule.
new text end

new text begin (c) School and county boards shall coordinate interagency services. Service
responsibilities for eligible children, ages three to 21, may be established in interagency
agreements or joint powers board agreements. In addition, interagency agreements or
joint powers board agreements may be developed to establish agency responsibility that
ensures that coordinated interagency services are coordinated, provided, and paid for and
that payment is facilitated from public and private sources. School boards must provide,
pay for, and facilitate payment for special education services as required under sections
125A.03 and 125A.06. County boards must provide, pay for, and facilitate payment for
those programs over which they have service and fiscal responsibility as referenced in
section 125A.023, subdivision 3, paragraph (c), clause (1).
new text end

new text begin Subd. 1a. new text end

new text begin Local governance structure. new text end

deleted text begin (a) deleted text end The deleted text begin governing deleted text end new text begin school new text end boards deleted text begin of
the interagency early intervention committees deleted text end new text begin and county boards new text end are responsible for
developing and implementing interagency policies and procedures to coordinate services
at the local level for children with disabilities ages three to 21 under guidelines established
by the state interagency committee under section 125A.023, subdivision 4. Consistent
with the requirements in this section and section 125A.023, the deleted text begin governing deleted text end new text begin school new text end boards
deleted text begin of the interagency early intervention committees deleted text end new text begin and county boards new text end may organize as a
joint powers board under section 471.59 or enter into an interagency agreement that
establishes a governance structure.

deleted text begin (b) The governing board of each interagency early intervention committee as defined
in section 125A.30, paragraph (a), which may include a juvenile justice professional, shall:
deleted text end

deleted text begin (1) identify state and federal barriers to local coordination of services provided to
children with disabilities;
deleted text end

deleted text begin (2) implement policies that ensure a comprehensive and coordinated system of all
state and local agency services, including practices on multidisciplinary assessment,
standardized written plans, dispute resolution, and system evaluation for children with
disabilities ages three to 21;
deleted text end

deleted text begin (3) coordinate services and facilitate payment for services from public and private
institutions, agencies, and health plan companies; and
deleted text end

deleted text begin (4) share needed information consistent with state and federal data practices
requirements.
deleted text end

Subd. 2.

Appropriate and necessary services.

(a) Parents, physicians, other health
care professionals including school nurses, and education and human services providers
jointly must determine appropriate and necessary services for eligible children with
disabilities ages three to 21. The services provided to the child under this section must
conform with the child's standardized written plan. The deleted text begin governing deleted text end new text begin school new text end board deleted text begin of an
interagency early intervention committee deleted text end new text begin or county board new text end must provide those services
contained in a child's individualized education program and those services for which
a legal obligation exists.

(b) Nothing in this section or section 125A.023 increases or decreases the obligation
of the state, county, regional agency, local school district, or local agency or organization
to pay for education, health care, or social services.

(c) A health plan may not exclude any medically necessary covered service solely
because the service is or could be identified in a child's individual family service plan,
individualized education program, a plan established under section 504 of the federal
Rehabilitation Act of 1973, or a student's individual health plan. This paragraph reaffirms
the obligation of a health plan company to provide or pay for certain medically necessary
covered services, and encourages a health plan company to coordinate this care with any
other providers of similar services. Also, a health plan company may not exclude from a
health plan any medically necessary covered service such as an assessment or physical
examination solely because the resulting information may be used for an individualized
education program or a standardized written plan.

deleted text begin Subd. 4. deleted text end

deleted text begin Responsibilities of school and county boards. deleted text end

deleted text begin (a) It is the joint
responsibility of school and county boards to coordinate, provide, and pay for appropriate
services, and to facilitate payment for services from public and private sources.
Appropriate service for children eligible under section 125A.02 and receiving service
from two or more public agencies of which one is the public school must be determined in
consultation with parents, physicians, and other education, medical health, and human
services providers. The services provided must be in conformity with a standardized
written plan for each eligible child ages 3 to 21.
deleted text end

deleted text begin (b) Appropriate services include those services listed on a child's standardized
written plan. These services are those that are required to be documented on a plan under
federal and state law or rule.
deleted text end

deleted text begin (c) School and county boards shall coordinate interagency services. Service
responsibilities for eligible children, ages 3 to 21, may be established in interagency
agreements or joint powers board agreements. In addition, interagency agreements or joint
powers board agreements may be developed to establish agency responsibility that assures
that coordinated interagency services are coordinated, provided, and paid for, and that
payment is facilitated from public and private sources. School boards must provide,
pay for, and facilitate payment for special education services as required under sections
125A.03 and 125A.06. County boards must provide, pay for, and facilitate payment for
those programs over which they have service and fiscal responsibility as referenced in
section 125A.023, subdivision 3, paragraph (c), clause (1).
deleted text end

Sec. 7.

Minnesota Statutes 2014, section 125A.08, is amended to read:

125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.

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

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

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

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

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

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

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

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

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

(c) For new text begin all new text end paraprofessionals employed to work in programs deleted text begin for deleted text end new text begin whose role in part
is to provide direct support to new text end students with disabilities, the school board in each district
shall ensure that:

(1) before or deleted text begin immediately upon deleted text end new text begin beginning at the time of new text end employment, each
paraprofessional deleted text begin develops deleted text end new text begin must develop new text end sufficient knowledge and skills in emergency
procedures, building orientation, roles and responsibilities, confidentiality, vulnerability,
and reportability, among other things, to begin meeting the needs new text begin , especially
disability-specific and behavioral needs, new text end of the students with whom the paraprofessional
works;

(2) annual training opportunities are deleted text begin available deleted text end new text begin required new text end to enable the paraprofessional
to continue to further develop the knowledge and skills that are specific to the students
with whom the paraprofessional works, including understanding disabilities, new text begin the unique
and individual needs of each student according to the student's disability and how the
disability affects the student's education and behavior, new text end following lesson plans, and
implementing follow-up instructional procedures and activities; and

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

Sec. 8.

new text begin [125A.083] STUDENT INFORMATION SYSTEMS; TRANSFERRING
RECORDS.
new text end

new text begin To efficiently and effectively meet federal and state compliance and accountability
requirements using an online case management reporting system, school districts may
contract only with a student information system vendor employing a universal filing
system that is compatible with the online system for compliance reporting under section
125A.085 beginning in the 2018-2019 school year and later. A district's universal
filing system under this section must facilitate the seamless transfer of student records
for a student with disabilities who transfers between school districts, including records
containing the student's evaluation report, service plan, and other due process forms and
information, regardless of what filing system any one district uses.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all district contracts with student information system vendors entered into
or modified after that date.
new text end

Sec. 9.

Minnesota Statutes 2014, section 125A.085, is amended to read:

125A.085 ONLINE REPORTING OF REQUIRED DATA.

(a) To ensure a strong focus on outcomes for children with disabilities informs
federal and state compliance and accountability requirements and to increase opportunities
for special educators and related-services providers to focus on teaching children with
disabilities, the commissioner must customize a streamlined, user-friendly statewide
online system, with a single model online form, for effectively and efficiently collecting
and reporting required special education-related data to individuals with a legitimate
educational interest and who are authorized by law to access the data.

(b) The commissioner must consult with qualified experts, including information
technology specialists, licensed special education teachers and directors of special
education, related-services providers, third-party vendors, a designee of the commissioner
of human services, parents of children with disabilities, representatives of advocacy groups
representing children with disabilities, and representatives of school districts and special
education cooperatives on integrating, field testing, customizing, and sustaining this simple,
easily accessible, efficient, and effective online data system for uniform statewide reporting
of required due process compliance data. Among other outcomes, the system must:

(1) reduce special education teachers' paperwork burden and thereby increase the
teachers' opportunities to focus on teaching children;

(2) to the extent authorized by chapter 13 or other applicable state or federal law
governing access to and dissemination of educational records, provide for efficiently
and effectively transmitting the records of all transferring children with disabilities,
including highly mobile and homeless children with disabilities, among others, and avoid
fragmented service delivery;

(3) address language and other barriers and disparities that prevent parents from
understanding and communicating information about the needs of their children with
disabilities; and

(4) help continuously improve the interface among the online systems serving
children with disabilities in order to maintain and reinforce the children's ability to learn.

(c) The commissioner must use the federal Office of Special Education Programs
model forms for the (1) individualized education program, (2) notice of procedural
safeguards, and (3) prior written notice that are consistent with Part B of IDEA to integrate
and customize a state-sponsored universal special education online case management
system, consistent with the requirements of state law and this section for customizing a
statewide online reporting system. The commissioner must use a request for proposal
process to contract for the technology and software needed for customizing the online
system in order for the system to be fully functional, consistent with the requirements of
this section. This online system must be made available to school districts without charge
beginning in the 2015-2016 school year. For the 2015-2016 deleted text begin through 2017-2018 deleted text end school
years new text begin and later new text end , school districts may use this online system or may contract with an outside
vendor for compliance reporting. deleted text begin Beginning in the 2018-2019 school year and later,
school districts must use this online system for compliance reporting.
deleted text end

(d) All data on individuals maintained in the statewide reporting system are
classified as provided in chapter 13 or other applicable state or federal law. An authorized
individual's ability to enter, update, or access data must be limited through the use of
role-based access codes corresponding to that individual's official duties or training level,
and the statutory authorization that grants access for a particular purpose. Any action
in which data in the system are entered, updated, accessed, or shared or disseminated
outside of the system must be recorded in an audit trail. The audit trail must identify the
specific user responsible for the action, the date and time the action occurred, and the
purpose for the action. Data contained in the audit trail maintain the same classification
as the underlying data affected by the action, provided the responsible authority makes
the data available to a student or the student's parent upon request, and the responsible
authority may access the data to audit the system's user activity and security safeguards.
Before entering data on a student, the responsible authority must provide the student or the
student's parent written notice of the data practices rights and responsibilities required
by this section and a reasonable opportunity to refuse consent to have the student's data
included in the system. Upon receiving the student or the student's parent written refusal
to consent, the school district must not enter data on that student into the system and must
delete any existing data on that student currently in the system.

(e) Consistent with this section, the commissioner must establish a public Internet
Web interface to provide information to educators, parents, and the public about the form
and content of required special education reports, to respond to queries from educators,
parents, and the public about specific aspects of special education reports and reporting,
and to use the information garnered from the interface to streamline and revise special
education reporting on the online system under this section. The public Internet Web
interface must have a prominently linked page describing the rights and responsibilities
of students and parents whose data are included in the statewide reporting system, and
include information on the data practices rights of students and parents provided by this
section and a form students or parents may use to refuse consent to have a student's data
included in the system. The public Internet Web interface must not provide access to the
educational records of any individual child.

(f) The commissioner annually by February 1 must submit to the legislature a report
on the status, recent changes, and sustainability of the online system under this section.

Sec. 10.

Minnesota Statutes 2014, section 125A.0942, subdivision 3, is amended to
read:

Subd. 3.

Physical holding or seclusion.

(a) Physical holding or seclusion may be
used only in an emergency. A school that uses physical holding or seclusion shall meet the
following requirements:

(1) physical holding or seclusion is the least intrusive intervention that effectively
responds to the emergency;

(2) physical holding or seclusion is not used to discipline a noncompliant child;

(3) physical holding or seclusion ends when the threat of harm ends and the staff
determines the child can safely return to the classroom or activity;

(4) staff directly observes the child while physical holding or seclusion is being used;

(5) each time physical holding or seclusion is used, the staff person who implements
or oversees the physical holding or seclusion documents, as soon as possible after the
incident concludes, the following information:

(i) a description of the incident that led to the physical holding or seclusion;

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

(iii) the time the physical holding or seclusion began and the time the child was
released; and

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

(6) the room used for seclusion must:

(i) be at least six feet by five feet;

(ii) be well lit, well ventilated, adequately heated, and clean;

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

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

(v) have doors that open out and are unlocked, locked with keyless locks that
have immediate release mechanisms, or locked with locks that have immediate release
mechanisms connected with a fire and emergency system; and

(vi) not contain objects that a child may use to injure the child or others;

(7) before using a room for seclusion, a school must:

(i) receive written notice from local authorities that the room and the locking
mechanisms comply with applicable building, fire, and safety codes; and

(ii) register the room with the commissioner, who may view that room; and

(8) until August 1, 2015, a school district may use prone restraints with children
age five or older if:

(i) the district has provided to the department a list of staff who have had specific
training on the use of prone restraints;

(ii) the district provides information on the type of training that was provided and
by whom;

(iii) only staff who received specific training use prone restraints;

(iv) each incident of the use of prone restraints is reported to the department within
five working days on a form provided by the department; and

(v) the district, before using prone restraints, must review any known medical or
psychological limitations that contraindicate the use of prone restraints.

The department must collect data on districts' use of prone restraints and publish the data
in a readily accessible format on the department's Web site on a quarterly basis.

(b) By February 1, 2015, and annually thereafter, stakeholders deleted text begin must deleted text end new text begin may, as
necessary, new text end recommend to the commissioner specific and measurable implementation and
outcome goals for reducing the use of restrictive procedures and the commissioner must
submit to the legislature a report on districts' progress in reducing the use of restrictive
procedures that recommends how to further reduce these procedures and eliminate
the use of prone restraints. The statewide plan includes the following components:
measurable goals; the resources, training, technical assistance, mental health services, and
collaborative efforts needed to significantly reduce districts' use of prone restraints; and
recommendations to clarify and improve the law governing districts' use of restrictive
procedures. The commissioner must consult with interested stakeholders when preparing
the report, including representatives of advocacy organizations, special education directors,
teachers, paraprofessionals, intermediate school districts, school boards, day treatment
providers, county social services, state human services department staff, mental health
professionals, and autism experts. By June 30 each year, districts must report summary
data on their use of restrictive procedures to the department, in a form and manner
determined by the commissioner. The summary data must include information about the
use of restrictive procedures, including use of reasonable force under section 121A.582.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2014, section 125A.21, is amended to read:

125A.21 THIRD-PARTY PAYMENT.

Subdivision 1.

Obligation to pay.

Nothing in sections 125A.03 to 125A.24 and
125A.65 relieves an insurer or similar third party from an otherwise valid obligation to
pay, or changes the validity of an obligation to pay, for services rendered to a child with
a disability, and the child's family. A school district shall pay the nonfederal share of
medical assistance services provided according to section 256B.0625, subdivision 26.
Eligible expenditures must not be made from federal funds or funds used to match other
federal funds. Any federal disallowances are the responsibility of the school district. A
school district may pay or reimburse co-payments, coinsurance, deductibles, and other
enrollee cost-sharing amounts, on behalf of the student or family, in connection with
health and related services provided under an individual educational plan new text begin or individualized
family service plan new text end .

Subd. 2.

Third-party reimbursement.

(a) Beginning July 1, 2000, districts
shall seek reimbursement from insurers and similar third parties for the cost of services
provided by the district whenever the services provided by the district are otherwise
covered by the child's health coverage. Districts shall request, but may not require, the
child's family to provide information about the child's health coverage when a child with a
disability begins to receive services from the district of a type that may be reimbursable,
and shall request, but may not require, updated information after that as needed.

(b) For children enrolled in medical assistance under chapter 256B or MinnesotaCare
under chapter 256L who have no other health coverage, a district shall provide an initial
and annual written notice to the enrolled child's parent or legal representative of its intent
to seek reimbursement from medical assistance or MinnesotaCare for the individualized
education program new text begin or individualized family service plan new text end health-related services provided
by the district. The initial notice must give the child's parent or legal representative the
right to request a copy of the child's education records on the health-related services that
the district provided to the child and disclosed to a third-party payer.

(c) The district shall give the parent or legal representative annual written notice of:

(1) the district's intent to seek reimbursement from medical assistance or
MinnesotaCare for individualized education program new text begin or individualized family service plan
new text end health-related services provided by the district;

(2) the right of the parent or legal representative to request a copy of all records
concerning individualized education program new text begin or individualized family service plan
new text end health-related services disclosed by the district to any third party; and

(3) the right of the parent or legal representative to withdraw consent for disclosure
of a child's records at any time without consequence.

The written notice shall be provided as part of the written notice required by Code of
Federal Regulations, title 34, section 300.504 new text begin or 303.520 new text end . The district must ensure that the
parent of a child with a disability is given notice, in understandable language, of federal and
state procedural safeguards available to the parent under this paragraph and paragraph (b).

(d) In order to access the private health care coverage of a child who is covered by
private health care coverage in whole or in part, a district must:

(1) obtain annual written informed consent from the parent or legal representative, in
compliance with subdivision 5; and

(2) inform the parent or legal representative that a refusal to permit the district
or state Medicaid agency to access their private health care coverage does not relieve
the district of its responsibility to provide all services necessary to provide free and
appropriate public education at no cost to the parent or legal representative.

(e) If the commissioner of human services obtains federal approval to exempt
covered individualized education program new text begin or individualized family service plan
new text end health-related services from the requirement that private health care coverage refuse
payment before medical assistance may be billed, paragraphs (b), (c), and (d) shall also
apply to students with a combination of private health care coverage and health care
coverage through medical assistance or MinnesotaCare.

(f) In the event that Congress or any federal agency or the Minnesota legislature
or any state agency establishes lifetime limits, limits for any health care services,
cost-sharing provisions, or otherwise provides that individualized education program new text begin or
individualized family service plan new text end health-related services impact benefits for persons
enrolled in medical assistance or MinnesotaCare, the amendments to this subdivision
adopted in 2002 are repealed on the effective date of any federal or state law or regulation
that imposes the limits. In that event, districts must obtain informed consent consistent
with this subdivision as it existed prior to the 2002 amendments and subdivision 5, before
seeking reimbursement for children enrolled in medical assistance under chapter 256B or
MinnesotaCare under chapter 256L who have no other health care coverage.

Subd. 3.

Use of reimbursements.

Of the reimbursements received, districts may:

(1) retain an amount sufficient to compensate the district for its administrative costs
of obtaining reimbursements;

(2) regularly obtain from education- and health-related entities training and other
appropriate technical assistance designed to improve the district's ability to access
third-party payments for individualized education program new text begin or individualized family
service plan new text end health-related services; or

(3) reallocate reimbursements for the benefit of students with individualized
education programs or deleted text begin individual deleted text end new text begin individualized new text end family service plans in the district.

Subd. 4.

Parents not obligated to use health coverage.

To the extent required by
federal law, a school district may not require parents of children with disabilities, if they
would incur a financial cost, to use private or public health coverage to pay for the services
that must be provided under an individualized education program new text begin or individualized
family service plan new text end .

Subd. 5.

Informed consent.

When obtaining informed consent, consistent with
sections 13.05, subdivision 4a; 256B.77, subdivision 2, paragraph (p); and Code of
Federal Regulations, title 34, parts 99 deleted text begin and deleted text end new text begin , new text end 300 new text begin , and 303 new text end , to bill health plans for covered
services, the school district must notify the legal representative (1) that the cost of the
person's private health insurance premium may increase due to providing the covered
service in the school setting, (2) that the school district may pay certain enrollee health
plan costs, including but not limited to, co-payments, coinsurance, deductibles, premium
increases or other enrollee cost-sharing amounts for health and related services required
by an individual service plan, or deleted text begin individual deleted text end new text begin individualized new text end family service plan, and (3) that
the school's billing for each type of covered service may affect service limits and prior
authorization thresholds. The informed consent may be revoked in writing at any time
by the person authorizing the billing of the health plan.

Subd. 6.

District obligation to provide service.

To the extent required by federal
law, no school district may deny, withhold, or delay any service that must be provided
under an individualized education program new text begin or individualized family service plan new text end because
a family has refused to provide informed consent to bill a health plan for services or a
health plan company has refused to pay any, all, or a portion of the cost of services billed.

Subd. 7.

District disclosure of information.

A school district may disclose
information contained in a student's individualized education program, consistent with
section 13.32, subdivision 3, paragraph (a), and Code of Federal Regulations, title 34,
parts 99 deleted text begin and deleted text end new text begin , new text end 300 new text begin , and 303 new text end ; including records of the student's diagnosis and treatment, to a
health plan company only with the signed and dated consent of the student's parent, or
other legally authorized individual. The school district shall disclose only that information
necessary for the health plan company to decide matters of coverage and payment. A
health plan company may use the information only for making decisions regarding
coverage and payment, and for any other use permitted by law.

Sec. 12.

Minnesota Statutes 2014, section 125A.28, is amended to read:

125A.28 STATE INTERAGENCY COORDINATING COUNCIL.

An Interagency Coordinating Council of at least 17, but not more than 25 members is
established, in compliance with Public Law 108-446, section 641. The members must be
appointed by the governor and reasonably represent the population of Minnesota. Council
members must elect the council chair, who may not be a representative of the Department
of Education. The council must be composed of at least five parents, including persons
of color, of children with disabilities under age 12, including at least three parents of a
child with a disability under age seven, five representatives of public or private providers
of services for children with disabilities under age five, including a special education
director, county social service director, local Head Start director, and a community health
services or public health nursing administrator, one member of the senate, one member of
the house of representatives, one representative of teacher preparation programs in early
childhood-special education or other preparation programs in early childhood intervention,
at least one representative of advocacy organizations for children with disabilities under
age five, one physician who cares for young children with special health care needs, one
representative each from the commissioners of commerce, education, health, human
services, a representative from the state agency responsible for child care, foster care,
mental health, homeless coordinator of education of homeless children and youth, and a
representative from Indian health services or a tribal council. Section 15.059, subdivisions
2 to 4, apply to the council. The council must meet at least quarterly.

The council must address methods of implementing the state policy of developing
and implementing comprehensive, coordinated, multidisciplinary interagency programs of
early intervention services for children with disabilities and their families.

The duties of the council include recommending policies to ensure a comprehensive
and coordinated system of all state and local agency services for children under age five
with disabilities and their families. The policies must address how to incorporate each
agency's services into a unified state and local system of multidisciplinary assessment
practices, individual intervention plans, comprehensive systems to find children in need of
services, methods to improve public awareness, and assistance in determining the role of
interagency early intervention committees.

deleted text begin On the date that Minnesota Part C Annual Performance Report is submitted to deleted text end new text begin
Within 30 days of receiving the annual determination from new text end the federal Office of Special
Education new text begin on the Minnesota Part C Annual Performance Report new text end , the council must
recommend to the governor and the commissioners of education, health, human services,
commerce, and employment and economic development policies for a comprehensive
and coordinated system.

Annually, the council must prepare and submit a report to the governor and the
secretary of the federal Department of Education on the status of early intervention
services and programs for infants and toddlers with disabilities and their families under
the Individuals with Disabilities Education Act, United States Code, title 20, sections
1471 to 1485 (Part C, Public Law 102-119), as operated in Minnesota. The Minnesota
Part C annual performance report may serve as the report.

Notwithstanding any other law to the contrary, the State Interagency Coordinating
Council does not expire unless federal law no longer requires the existence of the council
or committee.

Sec. 13.

Minnesota Statutes 2014, section 125A.63, subdivision 2, is amended to read:

Subd. 2.

Programs.

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

deleted text begin A program deleted text end new text begin (b) Training and workshop programs new text end offered deleted text begin through the resource centers deleted text end new text begin
under paragraph (a) new text end must new text begin help new text end promote and develop education programs offered by school
districts or other organizations. The deleted text begin program deleted text end new text begin programs new text end must assist school districts or other
organizations to develop innovative programs.

Sec. 14.

Minnesota Statutes 2014, section 125A.63, subdivision 3, is amended to read:

Subd. 3.

Programs by nonprofits.

The deleted text begin resource centers deleted text end new text begin department new text end may contract
to have nonprofit organizations provide programs deleted text begin through the resource centers deleted text end new text begin under
subdivision 2 new text end .

Sec. 15.

Minnesota Statutes 2014, section 125A.63, subdivision 4, is amended to read:

Subd. 4.

Advisory committees.

(a) The commissioner shall establish deleted text begin an deleted text end advisory
deleted text begin committee deleted text end new text begin committees new text end for deleted text begin each resource center deleted text end new text begin the deaf and hard-of-hearing and for the
blind and visually impaired new text end . The advisory committees shall develop recommendations
deleted text begin regarding the resource centers deleted text end and submit an annual report to the commissioner on the
form and in the manner prescribed by the commissioner.

(b) The advisory deleted text begin committee deleted text end deleted text begin for the Resource Center deleted text end new text begin committees new text end for the deaf and
hard of hearing new text begin and for the blind and visually impaired new text end shall meet periodically at least four
times per year and new text begin each new text end submit an annual report to the commissioner, the education policy
and finance committees of the legislature, and the Commission of Deaf, DeafBlind, and
deleted text begin Hard of Hearing deleted text end new text begin Hard-of-Hearing new text end Minnesotans. The deleted text begin report deleted text end new text begin reports new text end must, at least:

(1) identify and report the aggregate, data-based education outcomes for children
with the primary disability classification of deaf and hard of hearing new text begin or of blind and
visually impaired new text end , consistent with the commissioner's child count reporting practices, the
commissioner's state and local outcome data reporting system by district and region, and
the school performance report cards under section 120B.36, subdivision 1; and

(2) describe the implementation of a data-based plan for improving the education
outcomes of deaf and hard of hearing new text begin or blind and visually impaired new text end children that is
premised on evidence-based best practices, and provide a cost estimate for ongoing
implementation of the plan.

Sec. 16.

Minnesota Statutes 2014, section 125A.63, subdivision 5, is amended to read:

Subd. 5.

Statewide hearing loss early education intervention coordinator.

(a)
The coordinator shall:

(1) collaborate with the early hearing detection and intervention coordinator for the
Department of Health, deleted text begin the director of the Department of Education Resource Center for
Deaf and Hard-of-Hearing deleted text end new text begin K-12 deaf and hard-of-hearing coordinator new text end , and the Department
of Health Early Hearing Detection and Intervention Advisory Council;

(2) coordinate and support Department of Education early hearing detection and
intervention teams;

(3) leverage resources by serving as a liaison between interagency early intervention
committees; part C coordinators from the Departments of Education, Health, and
Human Services; Department of Education regional low-incidence facilitators; service
coordinators from school districts; Minnesota children with special health needs in the
Department of Health; public health nurses; child find; Department of Human Services
Deaf and Hard-of-Hearing Services Division; and others as appropriate;

(4) identify, support, and promote culturally appropriate and evidence-based early
intervention practices for infants with hearing loss, and provide training, outreach, and use
of technology to increase consistency in statewide service provision;

(5) identify culturally appropriate specialized reliable and valid instruments to assess
and track the progress of children with hearing loss and promote their use;

(6) ensure that early childhood providers, parents, and members of the individual
family service and intervention plan are provided with child progress data resulting from
specialized assessments;

(7) educate early childhood providers and teachers of the deaf and hard-of-hearing
to use developmental data from specialized assessments to plan and adjust individual
family service plans; and

(8) make recommendations that would improve educational outcomes to the early
hearing detection and intervention committee, the commissioners of education and health,
the Commission of Deaf, DeafBlind and Hard-of-Hearing Minnesotans, and the advisory
council deleted text begin of the Minnesota Department of Education Resource Center deleted text end for the deaf and
hard-of-hearing.

(b) The Department of Education must provide aggregate data regarding outcomes
of deaf and hard-of-hearing children who receive early intervention services within the
state in accordance with the state performance plan.

Sec. 17. new text begin SPECIAL EDUCATION EVALUATION.
new text end

new text begin Subdivision 1. new text end

new text begin Special education teachers' compliance with legal requirements.
new text end

new text begin The Department of Education must identify ways to give teachers working with eligible
children with disabilities sufficient written and online resources to make informed decisions
about how to effectively comply with legal requirements related to providing special
education programs and services, including writing individualized education programs and
related documents, among other requirements. The department must work collaboratively
with teachers working with eligible children with disabilities, other school and district staff,
and representatives of affected organizations, including Education Minnesota, Minnesota
School Boards Association, and Minnesota Administrators of Special Education, among
others, to identify obstacles to and solutions for teachers' confusion about complying with
legal requirements governing special education programs and services. The department
must work with schools and districts to provide staff development training to better
comply with applicable legal requirements while meeting the educational needs and
improving the educational progress of eligible children with disabilities.
new text end

new text begin Subd. 2. new text end

new text begin Efficiencies to reduce paperwork. new text end

new text begin The Department of Education, in
collaboration with teachers and administrators working with eligible children with
disabilities in schools and districts, must identify strategies to effectively decrease the
amount of time teachers spend completing paperwork for special education programs and
services, evaluate whether the strategies are cost-effective, and determine whether other
schools and districts are able to effectively use the strategies given available staff and
resources. Where an evaluation shows that particular paperwork reduction strategies are
cost-effective without undermining the purpose of the paperwork or the integrity of special
education requirements, the department must electronically disseminate and promote the
strategies to other schools and districts throughout the state.
new text end

new text begin Subd. 3. new text end

new text begin Special education forms; reading level. new text end

new text begin The Department of Education
must determine the current reading level of its special education forms, establish a target
reading level for such forms, and, based on that target level, determine whether alternative
forms are needed to accommodate the lexical and sublexical cognitive processes of
individual form users and readers. The department must work with interested special
education stakeholders and reading experts in making the determinations and identification
required in this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 18. new text begin TRAINING AND TECHNICAL ASSISTANCE TO REDUCE DISTRICT
USE OF SECLUSION AND RESTRAINT; APPROPRIATION.
new text end

new text begin $750,000 in fiscal year 2016 is appropriated from the general fund to the
commissioner of education for providing school districts with training and technical
assistance to reduce district use of seclusion and restraint on students with complex needs.
Of this appropriation, $500,000 is available to the commissioner to reimburse school
districts for the cost of hiring experts to provide staff training in reducing district use of
seclusion and restraint on students with complex needs. Of this appropriation, $250,000 is
available to the commissioner for the costs of providing specialized training and assistance
to school districts with a high use of seclusion and restraint on students with complex needs.
The commissioner may contract with experts from intermediate school districts teams or
level four programs to provide the specialized training and technical assistance. Any funds
unexpended in fiscal year 2016 do not cancel but carry forward into the next fiscal year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 125A.63, subdivision 1, new text end new text begin is repealed.
new text end

ARTICLE 6

CHARTER SCHOOLS

Section 1.

Minnesota Statutes 2014, section 124D.10, subdivision 1, is amended to read:

Subdivision 1.

Purposes.

(a) The primary purpose of this section is to improve all
pupil learning and all student achievement. Additional purposes include to:

(1) increase learning opportunities for all pupils;

(2) encourage the use of different and innovative teaching methods;

(3) measure learning outcomes and create different and innovative forms of
measuring outcomes;

(4) establish new forms of accountability for schools; or

(5) create new professional opportunities for teachers, including the opportunity to
be responsible for the learning program at the school site.

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

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

Sec. 2.

Minnesota Statutes 2014, section 124D.10, subdivision 3, is amended to read:

Subd. 3.

Authorizer.

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

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

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

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

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

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

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

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

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

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

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

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

(5) single-purpose authorizers formed as charitable, nonsectarian organizations
under section 501(c)(3) of the Internal Revenue Code of 1986 and incorporated in the state
of Minnesota under chapter 317A as a corporation with no members or under section
322B.975 as a nonprofit limited liability company for the sole purpose of chartering schools.

new text begin (c) new text end Eligible organizations interested in being approved as an authorizer under this
paragraph must submit a proposal to the commissioner that includes the provisions
of paragraph deleted text begin (c) deleted text end new text begin (d) new text end and a five-year financial plan. Such authorizers shall consider and
approve charter school applications using the criteria provided in subdivision 4 and shall
not limit the applications it solicits, considers, or approves to any single curriculum,
learning program, or method.

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

(1) capacity and infrastructure;

(2) application criteria and process;

(3) contracting process;

(4) ongoing oversight and evaluation processes; and

(5) renewal criteria and processes.

deleted text begin (d) deleted text end new text begin (e) new text end An applicant must include in its application to the commissioner to be an
approved authorizer at least the following:

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

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

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

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

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

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

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

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

deleted text begin (e) deleted text end new text begin (f) new text end A disapproved applicant under this section may resubmit an application
during a future application period.

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

deleted text begin (g) deleted text end new text begin (h) new text end The authorizer must participate in department-approved training.

deleted text begin (h) deleted text end new text begin (i) new text end The commissioner shall review an authorizer's performance every five years
in a manner and form determined by the commissioner and may review an authorizer's
performance more frequently at the commissioner's own initiative or at the request of a
charter school operator, charter school board member, or other interested party. The
commissioner, after completing the review, shall transmit a report with findings to the
authorizer.

new text begin (j) new text end If, consistent with this section, the commissioner finds that an authorizer has not
fulfilled the requirements of this section, the commissioner may subject the authorizer
to corrective action, which may include terminating the contract with the charter school
board of directors of a school it chartered. The commissioner must notify the authorizer
in writing of any findings that may subject the authorizer to corrective action and
the authorizer then has 15 business days to request an informal hearing before the
commissioner takes corrective action. If the commissioner terminates a contract between
an authorizer and a charter school under this paragraph, the commissioner may assist the
charter school in acquiring a new authorizer.

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

(1) failing to demonstrate the criteria under paragraph deleted text begin (c) deleted text end new text begin (d) new text end under which the
commissioner approved the authorizer;

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

(3) unsatisfactory performance as an approved authorizer; or

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

Sec. 3.

Minnesota Statutes 2014, section 124D.10, subdivision 4, is amended to read:

Subd. 4.

Formation of school.

(a) An authorizer, after receiving an application from
a school developer, may charter a licensed teacher under section 122A.18, subdivision
1, or a group of individuals that includes one or more licensed teachers under section
122A.18, subdivision 1, to operate a school subject to the commissioner's approval of the
authorizer's affidavit under paragraph deleted text begin (b) deleted text end new text begin (d) new text end .

new text begin (b) new text end The school must be organized and operated as a nonprofit corporation under
chapter 317A and the provisions under the applicable chapter shall apply to the school
except as provided in this section.

new text begin (c) new text end Notwithstanding sections 465.717 and 465.719, a school district, subject to this
section and section 124D.11, may create a corporation for the purpose of establishing a
charter school.

deleted text begin (b) deleted text end new text begin (d) new text end Before the operators may establish and operate a school, the authorizer must
file an affidavit with the commissioner stating its intent to charter a school. An authorizer
must file a separate affidavit for each school it intends to charter. An authorizer must file
an affidavit deleted text begin by May 1 to be able to charter a new school in the next school year after the
commissioner approves the authorizer's affidavit deleted text end new text begin at least 14 months before July 1 of the
year the new charter school plans to serve students new text end . The affidavit must state the terms and
conditions under which the authorizer would charter a school and how the authorizer
intends to oversee the fiscal and student performance of the charter school and to comply
with the terms of the written contract between the authorizer and the charter school
board of directors under subdivision 6. The commissioner must approve or disapprove
the authorizer's affidavit within 60 business days of receipt of the affidavit. If the
commissioner disapproves the affidavit, the commissioner shall notify the authorizer of
the deficiencies in the affidavit and the authorizer then has 20 business days to address the
deficiencies. The commissioner must notify the authorizer of final approval or disapproval
within 15 business days after receiving the authorizer's response to the deficiencies in the
affidavit. If the authorizer does not address deficiencies to the commissioner's satisfaction,
the commissioner's disapproval is final. Failure to obtain commissioner approval precludes
an authorizer from chartering the school that is the subject of this affidavit.

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

deleted text begin (d) deleted text end new text begin (f) new text end The operators authorized to organize and operate a school, before entering
into a contract or other agreement for professional or other services, goods, or facilities,
must incorporate as a nonprofit corporation under chapter 317A deleted text begin and deleted text end new text begin .
new text end

new text begin (g) The operators authorized to organize and operate a school, before entering into a
contract or other agreement for professional or other services, goods, or facilities, new text end must
establish a board of directors composed of at least five members who are not related parties
until a timely election for members of the ongoing charter school board of directors is
held according to the school's articles and bylaws under paragraph deleted text begin (f) deleted text end new text begin (l) new text end . deleted text begin A charter school
board of directors must be composed of at least five members who are not related parties.
deleted text end

new text begin (h) new text end Staff members employed at the school, including teachers providing instruction
under a contract with a cooperative, members of the board of directors, and all parents
or legal guardians of children enrolled in the school are the voters eligible to elect the
members of the school's board of directors. A charter school must notify eligible voters of
the school board election dates at least 30 days before the election.

new text begin (i) new text end Board of director meetings must comply with chapter 13D.

deleted text begin (e) deleted text end new text begin (j) new text end A charter school shall publish and maintain on the school's official Web site:
(1) the minutes of meetings of the board of directors, and of members and committees
having any board-delegated authority, for at least one calendar year from the date
of publication; (2) directory information for members of the board of directors and
committees having board-delegated authority; and (3) identifying and contact information
for the school's authorizer. Identifying and contact information for the school's authorizer
must be included in other school materials made available to the public.

new text begin (k) new text end Upon request of an individual, the charter school must also make available in
a timely fashion financial statements showing all operations and transactions affecting
income, surplus, and deficit during the school's last annual accounting period; and a
balance sheet summarizing assets and liabilities on the closing date of the accounting
period. A charter school also must include that same information about its authorizer in
other school materials that it makes available to the public.

deleted text begin (f) deleted text end new text begin (l) new text end Every charter school board member shall attend annual training throughout
the member's term on the board. All new board members shall attend initial training on
the board's role and responsibilities, employment policies and practices, and financial
management. A new board member who does not begin the required initial training within
six months after being seated and complete that training within 12 months of being seated
on the board is automatically ineligible to continue to serve as a board member. The
school shall include in its annual report the training attended by each board member
during the previous year.

deleted text begin (g) deleted text end new text begin (m) new text end The ongoing board must be elected before the school completes its third
year of operation. Board elections must be held during the school year but may not be
conducted on days when the school is closed for holidays, breaks, or vacations.

new text begin (n) new text end The charter school board of directors shall be composed of at least five nonrelated
members and include: (i) at least one licensed teacher employed as a teacher at the school
or providing instruction under contract between the charter school and a cooperative; (ii)
at least one parent or legal guardian of a student enrolled in the charter school who is not
an employee of the charter school; and (iii) at least one interested community member
who resides in Minnesota and is not employed by the charter school and does not have a
child enrolled in the school. The board may include a majority of teachers described in
this paragraph or parents or community members, or it may have no clear majority. The
chief financial officer and the chief administrator may only serve as ex-officio nonvoting
board members. No charter school employees shall serve on the board other than teachers
under item (i). Contractors providing facilities, goods, or services to a charter school shall
not serve on the board of directors of the charter school.

new text begin (o) new text end Board bylaws shall outline the process and procedures for changing the board's
governance structure, consistent with chapter 317A. A board may change its governance
structure only:

(1) by a majority vote of the board of directors and a majority vote of the licensed
teachers employed by the school as teachers, including licensed teachers providing
instruction under a contract between the school and a cooperative; and

(2) with the authorizer's approval.

Any change in board governance structure must conform with the composition of
the board established under this paragraph.

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

deleted text begin (i) deleted text end new text begin (q) new text end The granting or renewal of a charter school by an authorizer must not be
contingent on the charter school being required to contract, lease, or purchase services
from the authorizer.

new text begin (r) new text end Any potential contract, lease, or purchase of service from an authorizer must
be disclosed to the commissioner, accepted through an open bidding process, and be a
separate contract from the charter contract. The school must document the open bidding
process. An authorizer must not enter into a contract to provide management and financial
services for a school that it authorizes, unless the school documents that it received at
least two competitive bids.

deleted text begin (j) deleted text end new text begin (s) new text end A charter school may apply to the authorizer to amend the school charter to
expand the operation of the school to additional grades or sites that would be students'
primary enrollment site beyond those defined in the original affidavit approved by the
commissioner. After approving the school's application, the authorizer shall submit a
supplementary affidavit in the form and manner prescribed by the commissioner. The
authorizer must file a supplement affidavit by October 1 to be eligible to expand in the next
school year. The supplementary affidavit must document that the school has demonstrated
to the satisfaction of the authorizer the following:

(1) the need for the expansion with supporting long-range enrollment projections;

(2) a longitudinal record of demonstrated student academic performance and growth
on statewide assessments under chapter 120B or on other academic assessments that
measure longitudinal student performance and growth approved by the charter school's
board of directors and agreed upon with the authorizer;

(3) a history of sound school finances and a finance plan to implement the expansion
in a manner to promote the school's financial sustainability; and

(4) board capacity and an administrative and management plan to implement its
expansion.

deleted text begin (k) deleted text end new text begin (t) new text end The commissioner shall have 30 business days to review and comment on the
supplemental affidavit. The commissioner shall notify the authorizer in writing of any
deficiencies in the supplemental affidavit and the authorizer then has 20 business days to
address, to the commissioner's satisfaction, any deficiencies in the supplemental affidavit.
The commissioner must notify the authorizer of final approval or disapproval within 15
business days after receiving the authorizer's response to the deficiencies in the affidavit.
The school may not expand grades or add sites until the commissioner has approved the
supplemental affidavit. The commissioner's approval or disapproval of a supplemental
affidavit is final.

Sec. 4.

Minnesota Statutes 2014, section 124D.10, subdivision 8, is amended to read:

Subd. 8.

Federal, state, and local requirements.

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

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

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

(d) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. An authorizer may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution.

new text begin (e) new text end A charter school student must be released for religious instruction, consistent
with section 120A.22, subdivision 12, clause (3).

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

deleted text begin (f) deleted text end new text begin (g) new text end The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years of
age. Instruction may be provided to people older than 18 years of age. A charter school
may offer a free new text begin or fee-based new text end preschool or prekindergarten that meets high-quality early
learning instructional program standards that are aligned with Minnesota's early learning
standards for children. new text begin Students enrolled in a fee-based prekindergarten program are not
eligible to be counted as pupil units under section 126C.05 and must not be included in the
calculation of general education revenue under section 126C.10. A charter school with at
least 90 percent of enrolled students who are eligible for special education services and
have a primary disability of deaf or hard-of-hearing may enroll prekindergarten pupils
with a disability under section 126C.05, subdivision 1, paragraph (a), and must comply
with the federal Individuals with Disabilities Education Act under Code of Federal
Regulations, title 34, section 300.324, subsection (2), clause (iv).
new text end

deleted text begin (g) deleted text end new text begin (h) Except as provided in paragraph (g), new text end a charter school may not charge tuition.

deleted text begin (h) deleted text end new text begin (i) new text end A charter school is subject to and must comply with chapter 363A and section
121A.04.

deleted text begin (i) deleted text end new text begin (j) new text end Once a student is enrolled in the school, the student is considered enrolled
in the school until the student formally withdraws or is expelled under the Pupil Fair
Dismissal Act in sections 121A.40 to 121A.56. A charter school is subject to and must
comply with the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56 deleted text begin , and deleted text end new text begin .
new text end

new text begin (k) A charter school is subject to and must comply with new text end the Minnesota Public School
Fee Law, sections 123B.34 to 123B.39.

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

deleted text begin (k) deleted text end new text begin (m) new text end A charter school is a district for the purposes of tort liability under chapter 466.

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

deleted text begin (m) deleted text end new text begin (o) new text end A charter school is subject to the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

deleted text begin (n) deleted text end new text begin (p) new text end A charter school offering online courses or programs must comply with
section 124D.095.

deleted text begin (o) deleted text end new text begin (q) new text end A charter school and charter school board of directors are subject to chapter
181.

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

deleted text begin (q) deleted text end new text begin (s) new text end A charter school that provides early childhood health and developmental
screening must comply with sections 121A.16 to 121A.19.

deleted text begin (r) deleted text end new text begin (t) new text end A charter school that provides school-sponsored youth athletic activities
must comply with section 121A.38.

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

deleted text begin (t) deleted text end new text begin (v) new text end A charter school must develop and implement a teacher evaluation and
peer review process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to
(13). The teacher evaluation process in this paragraph does not create any additional
employment rights for teachers.

deleted text begin (u) deleted text end new text begin (w) new text end A charter school must adopt a policy, plan, budget, and process, consistent
with section 120B.11, to review curriculum, instruction, and student achievement and
strive for the world's best workforce.

deleted text begin (v) deleted text end new text begin (x) new text end A charter school must comply with section 121A.031 governing policies on
prohibited conduct.

deleted text begin (w) deleted text end new text begin (y) new text end A charter school must comply with all pupil transportation requirements in
section 123B.88, subdivision 1. A charter school must not require parents to surrender
their rights to pupil transportation under section 123B.88, subdivision 2.

Sec. 5.

Minnesota Statutes 2014, section 124D.10, subdivision 9, is amended to read:

Subd. 9.

Admission requirements.

(a) A charter school may limit admission to:

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

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

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

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

(c) A charter school shall give enrollment preference to a sibling of an enrolled pupil
and to a foster child of that pupil's parents and may give preference for enrolling children
of the school's staff new text begin and children who are eligible to receive a free or reduced-price lunch
new text end before accepting other pupils by lot. new text begin A charter school that gives preference to enrolling
the children of school staff or children who are eligible to receive a free or reduced-price
lunch must identify in its admission and lottery policy and on its Web site the manner and
order of preference for enrolling the children and give at least 180 days' notice on its Web
site before discontinuing the enrollment preference. A charter school may give enrollment
preference to children who are eligible to receive a free or reduced-price lunch when the
percent of enrolled charter school students who are eligible to receive a meal benefit is
lower than either the statewide percent of students who are eligible to receive a meal
benefit or the districtwide percent of students who are eligible to receive a meal benefit
in the district in which the charter school is located. A charter school must ask on its
enrollment application whether the student is eligible for and interested in the enrollment
preference. A charter school may send an application for educational benefits form to the
household of an interested student and ask on the application form whether the household
wants its student considered for the enrollment preference. Charter schools must use the
department's direct certification and approval process for determining students' eligibility
for meal benefits. Once established, this enrollment preference continues unless and until
a majority of the members of the charter school board of directors votes to discontinue
the enrollment preference. new text end A charter school that is located in Duluth township in St.
Louis County and admits students in kindergarten through grade 6 must give enrollment
preference to students residing within a five-mile radius of the school and to the siblings
of enrolled children. deleted text begin A deleted text end new text begin If a charter school has a preschool or prekindergarten program
under subdivision 8, paragraph (g), that is free to all participants, the new text end charter school may
give enrollment preference to children currently enrolled in the school's deleted text begin free deleted text end preschool or
prekindergarten program deleted text begin under subdivision 8, paragraph (f), deleted text end who are eligible to enroll in
kindergarten in the next school year.

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 6.

Minnesota Statutes 2014, section 124D.10, subdivision 12, is amended to read:

Subd. 12.

Pupils with a disability.

A charter school must comply with sections
125A.02, 125A.03 to 125A.24, deleted text begin and deleted text end 125A.65 new text begin , and 125A.75 new text end and rules relating to the
education of pupils with a disability as though it were a district. new text begin A charter school enrolling
prekindergarten pupils with a disability under subdivision 8, paragraph (g), must comply
with sections 125A.259 to 125A.48 and rules relating to the Interagency Early Intervention
System as though it were a school district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2016 and later.
new text end

Sec. 7.

Minnesota Statutes 2014, section 124D.10, subdivision 14, is amended to read:

Subd. 14.

Annual public reports.

(a) A charter school must publish an annual
report approved by the board of directors. The annual report must at least include
information on school enrollment, student attrition, governance and management, staffing,
finances, academic performance, innovative practices and implementation, and future
plans. new text begin A charter school may combine this report with the reporting required under section
120B.11. new text end A charter school must post the annual report on the school's official Web site. A
charter school must also distribute the annual report by publication, mail, or electronic
means to its authorizer, school employees, and parents and legal guardians of students
enrolled in the charter school. The reports are public data under chapter 13.

(b) The commissioner shall establish specifications for an authorizer's annual public
report that is part of the system to evaluate authorizer performance under subdivision
3, paragraph (h). The report shall at least include key indicators of school academic,
operational, and financial performance.

Sec. 8.

Minnesota Statutes 2014, section 124D.10, subdivision 23, is amended to read:

Subd. 23.

Causes for nonrenewal or termination of charter school contract.

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

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

(1) failure to demonstrate satisfactory academic achievement for all students,
including the requirements for pupil performance contained in the contract;

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

(3) violations of law; or

(4) other good cause shown.

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

(c) If the authorizer and the charter school board of directors mutually agree not to
renew the contract, a change in authorizers is allowed. The authorizer and the school
board must jointly submit a written and signed letter of their intent to the commissioner
to mutually not renew the contract. The authorizer that is a party to the existing contract
must inform the proposed authorizer about the fiscal, operational, and student performance
status of the school, as well as any outstanding contractual obligations that exist. The
charter contract between the proposed authorizer and the school must identify and provide
a plan to address any outstanding obligations from the previous contract. The proposed
contract must be submitted at least 105 business days before the end of the existing
charter contract. The commissioner shall have 30 business days to review and make a
determination. The proposed authorizer and the school shall have 15 business days to
respond to the determination and address any issues identified by the commissioner. A
final determination by the commissioner shall be made no later than 45 business days
before the end of the current charter contract. If no change in authorizer is approved, the
school and the current authorizer may withdraw their letter of nonrenewal and enter into a
new contract. If the transfer of authorizers is not approved and the current authorizer and
the school do not withdraw their letter and enter into a new contract, the school must be
dissolved according to applicable law and the terms of the contract.

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

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

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

(3) repeated or major violations of the law.

new text begin (e) Notwithstanding other provisions of this subdivision, the authorizer of a charter
school may terminate an existing contract between the authorizer and the charter school at
the end of the current school year, after notifying the charter school board of directors by
December 1, if in each of the previous three consecutive school years the performance of
the charter school based on federal school accountability measures and on state measures
of student performance and growth would place the school in the bottom ten percent of all
public schools as determined by the commissioner. If an authorizer chooses to terminate
the contract, the school must be closed according to applicable law and the terms of the
contract. The authorizer must work with the charter school's board of directors to ensure
parents of children currently enrolled at the school are aware of school choice options
and receive assistance in selecting an appropriate choice for their children for the next
school year. If the authorizer chooses not to terminate the existing contract under these
conditions, the authorizer must submit a public, written justification of its decision to the
commissioner by December 1. The federal and state measures identified in this paragraph
do not prevent an authorizer from closing schools under other conditions, consistent with
applicable law and contract terms.
new text end

Sec. 9.

Minnesota Statutes 2014, section 124D.10, is amended by adding a subdivision
to read:

new text begin Subd. 24a. new text end

new text begin Merger. new text end

new text begin (a) Two or more charter schools may merge under chapter
317A. The effective date of a merger must be July 1. The merged school must continue
under the identity of one of the merging schools. A new charter contract under subdivision
6 must be executed by July 1. The authorizer must submit to the commissioner a copy of
the new signed charter contract within ten business days of its execution.
new text end

new text begin (b) Each merging school must submit a separate year-end report for the previous year
for that school only. After the final fiscal year of the premerger schools is closed out, the
fund balances and debts from the merging schools must be transferred to the merged school.
new text end

new text begin (c) For its first year of operation, the merged school is eligible to receive aid from
programs requiring approved applications equal to the sum of the aid of all of the merging
schools. For aids based on prior year data, the merged school is eligible to receive aid for
its first year of operation based on the combined data of all of the merging schools.
new text end

Sec. 10.

Minnesota Statutes 2014, section 124D.11, subdivision 9, is amended to read:

Subd. 9.

Payment of aids to charter schools.

(a) Notwithstanding section
127A.45, subdivision 3, if the current year aid payment percentage under section
127A.45, subdivision 2, paragraph (d), is 90 or greater, aid payments for the current
fiscal year to a charter school shall be of an equal amount on each of the 24 payment
dates. Notwithstanding section 127A.45, subdivision 3, if the current year aid payment
percentage under section 127A.45, subdivision 2, paragraph (d), is less than 90, aid
payments for the current fiscal year to a charter school shall be of an equal amount on
each of the 16 payment dates in July through February.

(b) Notwithstanding paragraph (a) and section 127A.45, for a charter school ceasing
operation on or prior to June 30 of a school year, for the payment periods occurring after
the school ceases serving students, the commissioner shall withhold the estimated state aid
owed the school. The charter school board of directors and authorizer must submit to the
commissioner a closure plan under chapter 308A or 317A, and financial information about
the school's liabilities and assets. After receiving the closure plan, financial information,
an audit of pupil counts, documentation of lease expenditures, and monitoring of special
education expenditures, the commissioner may release cash withheld and may continue
regular payments up to the current year payment percentages if further amounts are
owed. If, based on audits and monitoring, the school received state aid in excess of the
amount owed, the commissioner shall retain aid withheld sufficient to eliminate the aid
overpayment. For a charter school ceasing operations prior to, or at the end of, a school
year, notwithstanding section 127A.45, subdivision 3, preliminary final payments may
be made after receiving the closure plan, audit of pupil counts, monitoring of special
education expenditures, documentation of lease expenditures, and school submission of
Uniform Financial Accounting and Reporting Standards (UFARS) financial data for the
final year of operation. Final payment may be made upon receipt of audited financial
statements under section 123B.77, subdivision 3.

(c) If a charter school fails to comply with the commissioner's directive to return,
for cause, federal or state funds administered by the department, the commissioner may
withhold an amount of state aid sufficient to satisfy the directive.

(d) If, within the timeline under section 471.425, a charter school fails to pay the state
of Minnesota, a school district, intermediate school district, or service cooperative after
receiving an undisputed invoice for goods and services, the commissioner may withhold
an amount of state aid sufficient to satisfy the claim and shall distribute the withheld
aid to the interested state agency, school district, intermediate school district, or service
cooperative. An interested state agency, school district, intermediate school district, or
education cooperative shall notify the commissioner when a charter school fails to pay an
undisputed invoice within 75 business days of when it received the original invoice.

deleted text begin (e) Notwithstanding section 127A.45, subdivision 3, and paragraph (a), 80 percent
of the start-up cost aid under subdivision 8 shall be paid within 45 days after the first day
of student attendance for that school year.
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end In order to receive state aid payments under this subdivision, a charter school
in its first three years of operation must submit a school calendar in the form and manner
requested by the department and a quarterly report to the Department of Education. The
report must list each student by grade, show the student's start and end dates, if any,
with the charter school, and for any student participating in a learning year program,
the report must list the hours and times of learning year activities. The report must be
submitted not more than two weeks after the end of the calendar quarter to the department.
The department must develop a Web-based reporting form for charter schools to use
when submitting enrollment reports. A charter school in its fourth and subsequent year of
operation must submit a school calendar and enrollment information to the department in
the form and manner requested by the department.

deleted text begin (g) deleted text end new text begin (f) new text end Notwithstanding sections 317A.701 to 317A.791, upon closure of a charter
school and satisfaction of creditors, cash and investment balances remaining shall be
returned to the state.

deleted text begin (h) deleted text end new text begin (g) new text end A charter school must have a valid, signed contract under section 124D.10,
subdivision 6, on file at the Department of Education at least 15 days prior to the date of
first payment of state aid for the fiscal year.

deleted text begin (i) deleted text end new text begin (h) new text end State aid entitlements shall be computed for a charter school only for the
portion of a school year for which it has a valid, signed contract under section 124D.10,
subdivision 6.

Sec. 11. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber the provisions of Minnesota Statutes listed
in column A to the references listed in column B. The revisor of statutes may alter the
renumbering to incorporate statutory changes made during the 2015 regular legislative
session. The revisor shall also make necessary cross-reference changes in Minnesota
Statutes and Minnesota Rules consistent with the renumbering in this instruction and the
relettering of paragraphs in sections 1 to 10.
new text end

	new text begin Column A new text end	new text begin Column B new text end
	new text begin 124D.10, subd. 1, paragraph (a) new text end	new text begin 124E.01, subd. 1 new text end
	new text begin 124D.10, subd. 1, paragraph (b) new text end	new text begin 124E.06, subd. 3, paragraph (d) new text end
	new text begin 124D.10, subd. 1, paragraph (c) new text end	new text begin 124E.06, subd. 1, paragraph (b) new text end
	new text begin 124D.10, subd. 2 new text end	new text begin 124E.01, subd. 2 new text end
	new text begin 124D.10, subd. 3, paragraph (a) new text end	new text begin 124E.02, paragraph (a) new text end
	new text begin 124D.10, subd. 3, paragraph (b) new text end	new text begin 124E.05, subd. 1 new text end
	new text begin 124D.10, subd. 3, paragraph (c) new text end	new text begin 124E.05, subd. 2, paragraph (a) new text end
	new text begin 124D.10, subd. 3, paragraph (d) new text end	new text begin 124E.05, subd. 3, paragraph (a) new text end
	new text begin 124D.10, subd. 3, paragraph (e) new text end	new text begin 124E.05, subd. 4 new text end
	new text begin 124D.10, subd. 3, paragraph (f) new text end	new text begin 124E.05, subd. 3, paragraph (b) new text end
	new text begin 124D.10, subd. 3, paragraph (g) new text end	new text begin 124E.05, subd. 7 new text end
	new text begin 124D.10, subd. 3, paragraph (h) new text end	new text begin 124E.05, subd. 2, paragraph (b) new text end
	new text begin 124D.10, subd. 3, paragraph (i) new text end	new text begin 124E.05, subd. 5 new text end
	new text begin 124D.10, subd. 3, paragraph (j) new text end	new text begin 124E.05, subd. 6, paragraph (a) new text end
	new text begin 124D.10, subd. 3, paragraph (k) new text end	new text begin 124E.05, subd. 6, paragraph (b) new text end
	new text begin 124D.10, subd. 4, paragraph (a) new text end	new text begin 124E.06, subd. 1, paragraph (a) new text end
	new text begin 124D.10, subd. 4, paragraph (b) new text end	new text begin 124E.06, subd. 2, paragraph (a) new text end
	new text begin 124D.10, subd. 4, paragraph (c) new text end	new text begin 124E.06, subd. 2, paragraph (c) new text end
	new text begin 124D.10, subd. 4, paragraph (d) new text end	new text begin 124E.06, subd. 4 new text end
	new text begin 124D.10, subd. 4, paragraph (e) new text end	new text begin 124E.06, subd. 3, paragraph (g) new text end
	new text begin 124D.10, subd. 4, paragraph (f) new text end	new text begin 124E.06, subd. 2, paragraph (b) new text end
	new text begin 124D.10, subd. 4, paragraph (g) new text end	new text begin 124E.07, subd. 1 new text end
	new text begin 124D.10, subd. 4, paragraph (h) new text end	new text begin 124E.07, subd. 5 new text end
	new text begin 124D.10, subd. 4, paragraph (i) new text end	new text begin 124E.07, subd. 8, paragraph (a) new text end
	new text begin 124D.10, subd. 4, paragraph (j) new text end	new text begin 124E.07, subd. 8, paragraph (b) new text end
	new text begin 124D.10, subd. 4, paragraph (k) new text end	new text begin 124E.17, subd. 2 new text end
	new text begin 124D.10, subd. 4, paragraph (l) new text end	new text begin 124E.07, subd. 7 new text end
	new text begin 124D.10, subd. 4, paragraph (m) new text end	new text begin 124E.07, subd. 2 new text end
	new text begin 124D.10, subd. 4, paragraph (n) new text end	new text begin 124E.07, subd. 3, paragraph (a) new text end
	new text begin 124D.10, subd. 4, paragraph (o) new text end	new text begin 124E.07, subd. 4 new text end
	new text begin 124D.10, subd. 4, paragraph (p) new text end	new text begin 124E.10, subd. 2, paragraph (c) new text end
	new text begin 124D.10, subd. 4, paragraph (q) new text end	new text begin 124E.10, subd. 2, paragraph (b) new text end
	new text begin 124D.10, subd. 4, paragraph (r) new text end	new text begin 124E.10, subd. 2, paragraph (a) new text end
	new text begin 124D.10, subd. 4, paragraph (s) new text end	new text begin 124E.06, subd. 5, paragraph (a) new text end
	new text begin 124D.10, subd. 4, paragraph (t) new text end	new text begin 124E.06, subd. 5, paragraph (b) new text end
	new text begin 124D.10, subd. 4a, paragraph (a) new text end	new text begin 124E.07, subd. 3, paragraph (b) new text end
	new text begin 124D.10, subd. 4a, paragraph (b) new text end	new text begin 124E.14, paragraph (a) new text end
	new text begin 124D.10, subd. 4a, paragraph (c) new text end	new text begin 124E.07, subd. 3, paragraph (c) new text end
	new text begin 124D.10, subd. 4a, paragraph (d) new text end	new text begin 124E.07, subd. 3, paragraph (d) new text end
	new text begin 124D.10, subd. 4a, paragraph (e) new text end	new text begin 124E.14, paragraph (b) new text end
	new text begin 124D.10, subd. 4a, paragraph (f) new text end	new text begin 124E.14, paragraph (c) new text end
	new text begin 124D.10, subd. 5 new text end	new text begin 124E.06, subd. 6 new text end
	new text begin 124D.10, subd. 6 new text end	new text begin 124E.10, subd. 1, paragraph (a) new text end
	new text begin 124D.10, subd. 6a new text end	new text begin 124E.16, subd. 1, paragraphs (b) to (e) new text end
	new text begin 124D.10, subd. 7 new text end	new text begin 124E.03, subd. 1 new text end
	new text begin 124D.10, subd. 8, paragraph (a) new text end	new text begin 124E.03, subd. 2, paragraph (a) new text end
	new text begin 124D.10, subd. 8, paragraph (b) new text end	new text begin 124E.03, subd. 2, paragraph (b) new text end
	new text begin 124D.10, subd. 8, paragraph (c) new text end	new text begin 124E.06, subd. 3, paragraph (e) new text end
	new text begin 124D.10, subd. 8, paragraph (d) new text end	new text begin 124E.06, subd. 3, paragraph (b) new text end
	new text begin 124D.10, subd. 8, paragraph (e) new text end	new text begin 124E.03, subd. 4, paragraph (a) new text end
	new text begin 124D.10, subd. 8, paragraph (f) new text end	new text begin 124E.06, subd. 3, paragraph (c) new text end
	new text begin 124D.10, subd. 8, paragraph (g) new text end	new text begin 124E.06, subd. 3, paragraph (a) new text end
	new text begin 124D.10, subd. 8, paragraph (h) new text end	new text begin 124E.06, subd. 3, paragraph (f) new text end
	new text begin 124D.10, subd. 8, paragraph (i) new text end	new text begin 124E.03, subd. 4, paragraph (b) new text end
	new text begin 124D.10, subd. 8, paragraph (j) new text end	new text begin 124E.11, paragraph (g) new text end
	new text begin 124D.10, subd. 8, paragraph (k) new text end	new text begin 124E.03, subd. 2, paragraph (c) new text end
	new text begin 124D.10, subd. 8, paragraph (l) new text end	new text begin 124E.16, subd. 1, paragraph (a) new text end
	new text begin 124D.10, subd. 8, paragraph (m) new text end	new text begin 124E.03, subd. 2, paragraph (d) new text end
	new text begin 124D.10, subd. 8, paragraph (n) new text end	new text begin 124E.03, subd. 5, paragraph (a) new text end
	new text begin 124D.10, subd. 8, paragraph (o) new text end	new text begin 124E.03, subd. 2, paragraph (e) new text end
	new text begin 124D.10, subd. 8, paragraph (p) new text end	new text begin 124E.03, subd. 7, paragraph (a) new text end
	new text begin 124D.10, subd. 8, paragraph (q) new text end	new text begin 124E.03, subd. 2, paragraph (f) new text end
	new text begin 124D.10, subd. 8, paragraph (r) new text end	new text begin 124E.03, subd. 5, paragraph (b) new text end
	new text begin 124D.10, subd. 8, paragraph (s) new text end	new text begin 124E.03, subd. 7, paragraph (b) new text end
	new text begin 124D.10, subd. 8, paragraph (t) new text end	new text begin 124E.03, subd. 7, paragraph (c) new text end
	new text begin 124D.10, subd. 8, paragraph (u) new text end	new text begin 124E.03, subd. 2, paragraph (g) new text end
	new text begin 124D.10, subd. 8, paragraph (v) new text end	new text begin 124E.03, subd. 2, paragraph (h) new text end
	new text begin 124D.10, subd. 8, paragraph (w) new text end	new text begin 124E.03, subd. 2, paragraph (i) new text end
	new text begin 124D.10, subd. 8, paragraph (x) new text end	new text begin 124E.03, subd. 4, paragraph (c) new text end
	new text begin 124D.10, subd. 8, paragraph (y) new text end	new text begin 124E.15, paragraph (a) new text end
	new text begin 124D.10, subd. 8a new text end	new text begin 124E.25, subd. 3, paragraph (a) new text end
	new text begin 124D.10, subd. 8b new text end	new text begin 124E.25, subd. 3, paragraph (b) new text end
	new text begin 124D.10, subd. 9 new text end	new text begin 124E.11, paragraphs (a) to (f) new text end
	new text begin 124D.10, subd. 10 new text end	new text begin 124E.10, subd. 1, paragraph (b) new text end
	new text begin 124D.10, subd. 11, paragraph (a) new text end	new text begin 124E.12, subd. 1 new text end
	new text begin 124D.10, subd. 11, paragraph (b) new text end	new text begin 124E.12, subd. 2 new text end
	new text begin 124D.10, subd. 11, paragraph (c) new text end	new text begin 124E.07, subd. 6 new text end
	new text begin 124D.10, subd. 11, paragraph (d) new text end	new text begin 124E.12, subd. 5 new text end
	new text begin 124D.10, subd. 12 new text end	new text begin 124E.03, subd. 3 new text end
	new text begin 124D.10, subd. 13 new text end	new text begin 124E.03, subd. 6 new text end
	new text begin 124D.10, subd. 14 new text end	new text begin 124E.16, subd. 2 new text end
	new text begin 124D.10, subd. 15, paragraphs (a) to (e) new text end	new text begin 124E.10, subd. 3, paragraphs (a) to (e) new text end
	new text begin 124D.10, subd. 15, paragraph (f) new text end	new text begin 124E.05, subd. 8 new text end
	new text begin 124D.10, subd. 16 new text end	new text begin 124E.15, paragraphs (b) to (d) new text end
	new text begin 124D.10, subd. 17 new text end	new text begin 124E.13, subd. 1 new text end
	new text begin 124D.10, subd. 17a new text end	new text begin 124E.13, subd. 3 new text end
	new text begin 124D.10, subd. 17b new text end	new text begin 124E.13, subd. 4 new text end
	new text begin 124D.10, subd. 19 new text end	new text begin 124E.17, subd. 1 new text end
	new text begin 124D.10, subd. 20 new text end	new text begin 124E.12, subd. 6 new text end
	new text begin 124D.10, subd. 21 new text end	new text begin 124E.12, subd. 3 new text end
	new text begin 124D.10, subd. 22 new text end	new text begin 124E.12, subd. 4 new text end
	new text begin 124D.10, subd. 23, paragraphs (a) and (b) new text end	new text begin 124E.10, subd. 4, paragraphs (a) and (b) new text end
	new text begin 124D.10, subd. 23, paragraph (c) new text end	new text begin 124E.10, subd. 5 new text end
	new text begin 124D.10, subd. 23, paragraph (d) new text end	new text begin 124E.10, subd. 4, paragraph (c) new text end
	new text begin 124D.10, subd. 23a, paragraph (a) new text end	new text begin 124E.13, subd. 2, paragraph (a) new text end
	new text begin 124D.10, subd. 23a, paragraph (b) new text end	new text begin 124E.02, paragraph (b) new text end
	new text begin 124D.10, subd. 23a, paragraph (c) new text end	new text begin 124E.13, subd. 2, paragraph (b) new text end
	new text begin 124D.10, subd. 23a, paragraph (d) new text end	new text begin 124E.13, subd. 2, paragraph (c) new text end
	new text begin 124D.10, subd. 24 new text end	new text begin 124E.10, subd. 6 new text end
	new text begin 124D.10, subd. 25 new text end	new text begin 124E.09 new text end
	new text begin 124D.10, subd. 27 new text end	new text begin 124E.08 new text end
	new text begin 124D.11, subd. 1 new text end	new text begin 124E.20, subd.1 new text end
	new text begin 124D.11, subd. 2 new text end	new text begin 124E.23 new text end
	new text begin 124D.11, subd. 3 new text end	new text begin 124E.20, subd. 2 new text end
	new text begin 124D.11, subd. 4 new text end	new text begin 124E.22 new text end
	new text begin 124D.11, subd. 5 new text end	new text begin 124E.21 new text end
	new text begin 124D.11, subd. 6 new text end	new text begin 124E.24 new text end
	new text begin 124D.11, subd. 7 new text end	new text begin 124E.26 new text end
	new text begin 124D.11, subd. 9, paragraph (a) new text end	new text begin 124E.25, subd. 1, paragraph (a) new text end
	new text begin 124D.11, subd. 9, paragraph (b) new text end	new text begin 124E.25, subd. 1, paragraph (b) new text end
	new text begin 124D.11, subd. 9, paragraph (c) new text end	new text begin 124E.25, subd. 4, paragraph (a) new text end
	new text begin 124D.11, subd. 9, paragraph (d) new text end	new text begin 124E.25, subd. 4, paragraph (b) new text end
	new text begin 124D.11, subd. 9, paragraph (e) new text end	new text begin 124E.25, subd. 2, paragraph (a) new text end
	new text begin 124D.11, subd. 9, paragraph (f) new text end	new text begin 124E.25, subd. 1, paragraph (c) new text end
	new text begin 124D.11, subd. 9, paragraph (g) new text end	new text begin 124E.25, subd. 2, paragraph (b) new text end
	new text begin 124D.11, subd. 9, paragraph (h) new text end	new text begin 124E.25, subd. 2, paragraph (c) new text end

ARTICLE 7

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2014, section 126C.10, subdivision 13a, is amended to
read:

Subd. 13a.

Operating capital levy.

To obtain operating capital revenue for fiscal
year 2015 and later, a district may levy an amount not more than the product of its
operating capital revenue for the fiscal year times the lesser of one or the ratio of its
adjusted net tax capacity per adjusted deleted text begin marginal cost deleted text end pupil unit to the operating capital
equalizing factor. The operating capital equalizing factor equals $14,500.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
fiscal year 2015 and later.
new text end

Sec. 2.

Minnesota Statutes 2014, section 126C.13, subdivision 3a, is amended to read:

Subd. 3a.

Student achievement rate.

The commissioner must establish the student
achievement rate by deleted text begin July 1 deleted text end new text begin September 30 new text end of each year for levies payable in the following
year. The student achievement rate must be a rate, rounded up to the nearest hundredth of
a percent, that, when applied to the adjusted net tax capacity for all districts, raises the
amount specified in this subdivision. The student achievement rate must be the rate that
raises $20,000,000 for fiscal year 2015 and later years. The student achievement rate may
not be changed due to changes or corrections made to a district's adjusted net tax capacity
after the rate has been established.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2014, section 126C.13, subdivision 4, is amended to read:

Subd. 4.

General education aid.

deleted text begin (a) For fiscal years 2013 and 2014 only, a district's
general education aid is the sum of the following amounts:
deleted text end

deleted text begin (1) general education revenue, excluding equity revenue, total operating capital
revenue, alternative teacher compensation revenue, and transition revenue;
deleted text end

deleted text begin (2) operating capital aid under section 126C.10, subdivision 13b;
deleted text end

deleted text begin (3) equity aid under section 126C.10, subdivision 30;
deleted text end

deleted text begin (4) alternative teacher compensation aid under section 126C.10, subdivision 36;
deleted text end

deleted text begin (5) transition aid under section 126C.10, subdivision 33;
deleted text end

deleted text begin (6) shared time aid under section 126C.01, subdivision 7;
deleted text end

deleted text begin (7) referendum aid under section 126C.17, subdivisions 7 and 7a; and
deleted text end

deleted text begin (8) online learning aid according to section 124D.096.
deleted text end

deleted text begin (b) deleted text end For fiscal year 2015 and later, a district's general education aid equals:

(1) general education revenue, excluding operating capital revenue, equity revenue,
local optional revenue, and transition revenue, minus the student achievement levy,
multiplied times the ratio of the actual amount of student achievement levy levied to the
permitted student achievement levy; plus

new text begin (2) operating capital aid under section 126C.10, subdivision 13b;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end equity aid under section 126C.10, subdivision 30; plus

deleted text begin (3) deleted text end new text begin (4) new text end transition aid under section 126C.10, subdivision 33; plus

deleted text begin (4) deleted text end new text begin (5) new text end shared time aid under section 126C.10, subdivision 7; plus

deleted text begin (5) deleted text end new text begin (6) new text end referendum aid under section 126C.17, subdivisions 7 and 7a; plus

deleted text begin (6) deleted text end new text begin (7) new text end online learning aid under section 124D.096; plus

deleted text begin (7) deleted text end new text begin (8) new text end local optional aid according to section 126C.10, subdivision 2d, paragraph (d).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2015 and later.
new text end

Sec. 4.

Minnesota Statutes 2014, section 126C.15, subdivision 1, is amended to read:

Subdivision 1.

Use of revenue.

The basic skills revenue under section 126C.10,
subdivision 4, must be reserved and used to meet the educational needs of pupils who
enroll under-prepared to learn and whose progress toward meeting state or local content
or performance standards is below the level that is appropriate for learners of their age.
Basic skills revenue may also be used for programs designed to prepare children and their
families for entry into school whether the student first enrolls in kindergarten or first grade.
Any of the following may be provided to meet these learners' needs:

(1) direct instructional services under the assurance of mastery program according
to section 124D.66;

(2) remedial instruction in reading, language arts, mathematics, other content areas,
or study skills to improve the achievement level of these learners;

(3) additional teachers and teacher aides to provide more individualized instruction
to these learners through individual tutoring, lower instructor-to-learner ratios, or team
teaching;

(4) a longer school day or week during the regular school year or through a summer
program that may be offered directly by the site or under a performance-based contract
with a community-based organization;

(5) comprehensive and ongoing staff development consistent with district and site
plans according to section 122A.60 new text begin and to implement plans under section 120B.12,
subdivision 4a new text end , for teachers, teacher aides, principals, and other personnel to improve
their ability to identify the needs of these learners and provide appropriate remediation,
intervention, accommodations, or modifications;

(6) instructional materials, digital learning, and technology appropriate for meeting
the individual needs of these learners;

(7) programs to reduce truancy, encourage completion of high school, enhance
self-concept, provide health services, provide nutrition services, provide a safe and secure
learning environment, provide coordination for pupils receiving services from other
governmental agencies, provide psychological services to determine the level of social,
emotional, cognitive, and intellectual development, and provide counseling services,
guidance services, and social work services;

(8) bilingual programs, bicultural programs, and programs for English learners;

(9) all-day kindergarten;

(10) early education programs, parent-training programs, school readiness programs,
kindergarten programs for four-year-olds, voluntary home visits under section 124D.13,
subdivision 4, and other outreach efforts designed to prepare children for kindergarten;

(11) extended school day and extended school year programs; and

(12) substantial parent involvement in developing and implementing remedial
education or intervention plans for a learner, including learning contracts between the
school, the learner, and the parent that establish achievement goals and responsibilities of
the learner and the learner's parent or guardian.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2016 and later.
new text end

Sec. 5.

Minnesota Statutes 2014, section 126C.17, subdivision 1, is amended to read:

Subdivision 1.

Referendum allowance.

(a) A district's initial referendum allowance
equals the result of the following calculations:

(1) multiply the referendum allowance the district would have received for fiscal
year 2015 under Minnesota Statutes 2012, section 126C.17, subdivision 1, based on
elections held before July 1, 2013, by the resident marginal cost pupil units the district
would have counted for fiscal year 2015 under Minnesota Statutes 2012, section 126C.05;

(2) add to the result of clause (1) the adjustment the district would have received
under Minnesota Statutes 2012, section 127A.47, subdivision 7, paragraphs (a), (b), and
(c), based on elections held before July 1, 2013;

(3) divide the result of clause (2) by the district's adjusted pupil units for fiscal
year 2015;

(4) add to the result of clause (3) any additional referendum allowance per adjusted
pupil unit authorized by elections held between July 1, 2013, and December 31, 2013;

(5) add to the result in clause (4) any additional referendum allowance resulting from
inflation adjustments approved by the voters prior to January 1, 2014;

(6) subtract from the result of clause (5), the sum of a district's actual local optional
levy and local optional aid under section 126C.10, subdivision 2e, divided by the adjusted
pupil units of the district for that school year; and

(7) if the result of clause (6) is less than zero, set the allowance to zero.

(b) A district's referendum allowance equals the sum of the district's initial
referendum allowance, new text begin plus any new referendum allowance authorized between July 1,
2013, and December 31, 2013, under subdivision 9a, new text end plus any additional referendum
allowance per adjusted pupil unit authorized after December 31, 2013, minus any
allowances expiring in fiscal year 2016 or later, provided that the allowance may not be
less than zero. For a district with more than one referendum allowance for fiscal year
2015 under Minnesota Statutes 2012, section 126C.17, the allowance calculated under
paragraph (a), clause (3), must be divided into components such that the same percentage
of the district's allowance expires at the same time as the old allowances would have
expired under Minnesota Statutes 2012, section 126C.17. For a district with more than one
allowance for fiscal year 2015 that expires in the same year, the reduction under paragraph
(a), clause (6), to offset local optional revenue shall be made first from any allowances that
do not have an inflation adjustment approved by the voters.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
fiscal year 2015 and later.
new text end

Sec. 6.

Minnesota Statutes 2014, section 126C.17, subdivision 2, is amended to read:

Subd. 2.

Referendum allowance limit.

(a) Notwithstanding subdivision 1, for
fiscal year 2015 and later, a district's referendum allowance must not exceed the annual
inflationary increase as calculated under paragraph (b) times the greatest of:

(1) $1,845;

(2) the sum of the referendum revenue the district would have received for fiscal
year 2015 under Minnesota Statutes 2012, section 126C.17, subdivision 4, based on
elections held before July 1, 2013, and the adjustment the district would have received
under Minnesota Statutes 2012, section 127A.47, subdivision 7, paragraphs (a), (b), and
(c), based on elections held before July 1, 2013, divided by the district's adjusted pupil
units for fiscal year 2015;

(3) the product of the referendum allowance limit the district would have received
for fiscal year 2015 under Minnesota Statutes 2012, section 126C.17, subdivision 2, and
the resident marginal cost pupil units the district would have received for fiscal year 2015
under Minnesota Statutes 2012, section 126C.05, subdivision 6, plus the adjustment the
district would have received under Minnesota Statutes 2012, section 127A.47, subdivision
7, paragraphs (a), (b), and (c), based on elections held before July 1, 2013, divided by
the district's adjusted pupil units for fiscal year 2015; minus $424 deleted text begin for a district receiving
local optional revenue under section 126C.10, subdivision 2d, paragraph (a), minus
$212 for a district receiving local optional revenue under section 126C.10, subdivision
2d, paragraph (b) deleted text end ; or

(4) for a newly reorganized district created after July 1, 2013, the referendum
revenue authority for each reorganizing district in the year preceding reorganization
divided by its adjusted pupil units for the year preceding reorganization.

(b) For purposes of this subdivision, for fiscal year 2016 and later, "inflationary
increase" means one plus the percentage change in the Consumer Price Index for urban
consumers, as prepared by the United States Bureau of Labor Standards, for the current
fiscal year to fiscal year 2015. For fiscal year 2016 and later, for purposes of paragraph (a),
clause (3), the inflationary increase equals one-fourth of the percentage increase in the
formula allowance for that year compared with the formula allowance for fiscal year 2015.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
fiscal year 2015 and later.
new text end

Sec. 7.

Minnesota Statutes 2014, section 126C.48, subdivision 8, is amended to read:

Subd. 8.

Taconite payment and other reductions.

(1) Reductions in levies
pursuant to subdivision 1 must be made prior to the reductions in clause (2).

(2) Notwithstanding any other law to the contrary, districts that have revenue
pursuant to sections 298.018; 298.225; 298.24 to 298.28, except an amount distributed
under sections 298.26; 298.28, subdivision 4, paragraphs (c), clause (ii), and (d); 298.34 to
298.39; 298.391 to 298.396; 298.405; 477A.15; and any law imposing a tax upon severed
mineral values must reduce the levies authorized by this chapter and chapters 120B, 122A,
123A, 123B, 124A, 124D, 125A, and 127A new text begin , excluding the student achievement levy
under section 126C.13, subdivision 3b, new text end by 95 percent of the sum of the previous year's
revenue specified under this clause and the amount attributable to the same production
year distributed to the cities and townships within the school district under section 298.28,
subdivision 2, paragraph (c).

(3) The amount of any voter approved referendum, facilities down payment, and
debt levies shall not be reduced by more than 50 percent under this subdivision, except
that payments under section 298.28, subdivision 7a, may reduce the debt service levy by
more than 50 percent. In administering this paragraph, the commissioner shall first reduce
the nonvoter approved levies of a district; then, if any payments, severed mineral value
tax revenue or recognized revenue under paragraph (2) remains, the commissioner shall
reduce any voter approved referendum levies authorized under section 126C.17; then, if
any payments, severed mineral value tax revenue or recognized revenue under paragraph
(2) remains, the commissioner shall reduce any voter approved facilities down payment
levies authorized under section 123B.63 and then, if any payments, severed mineral value
tax revenue or recognized revenue under paragraph (2) remains, the commissioner shall
reduce any voter approved debt levies.

(4) Before computing the reduction pursuant to this subdivision of the health and
safety levy authorized by sections 123B.57 and 126C.40, subdivision 5, the commissioner
shall ascertain from each affected school district the amount it proposes to levy under
each section or subdivision. The reduction shall be computed on the basis of the amount
so ascertained.

(5) To the extent the levy reduction calculated under paragraph (2) exceeds the
limitation in paragraph (3), an amount equal to the excess must be distributed from the
school district's distribution under sections 298.225, 298.28, and 477A.15 in the following
year to the cities and townships within the school district in the proportion that their
taxable net tax capacity within the school district bears to the taxable net tax capacity of
the school district for property taxes payable in the year prior to distribution. No city or
township shall receive a distribution greater than its levy for taxes payable in the year prior
to distribution. The commissioner of revenue shall certify the distributions of cities and
towns under this paragraph to the county auditor by September 30 of the year preceding
distribution. The county auditor shall reduce the proposed and final levies of cities and
towns receiving distributions by the amount of their distribution. Distributions to the cities
and towns shall be made at the times provided under section 298.27.

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 126C.41, subdivision 1, new text end new text begin is repealed.
new text end

ARTICLE 8

LIBRARIES, OTHER FACILITIES, AND TECHNOLOGY

Section 1.

Minnesota Statutes 2014, section 125B.26, subdivision 2, is amended to read:

Subd. 2.

E-rates.

To be eligible for aid under this section, a district, charter school,
or intermediate school district is required to file an e-rate application either separately or
through its telecommunications access cluster deleted text begin and have a current technology plan on file
with the department deleted text end . Discounts received on telecommunications expenditures shall be
reflected in the costs submitted to the department for aid under this section.

Sec. 2.

Minnesota Statutes 2014, section 134.20, subdivision 2, is amended to read:

Subd. 2.

Library board new text begin and chief administrative officer new text end .

new text begin (a) new text end The agreement
establishing a regional public library system shall provide for a library board to govern the
organization having all the powers and duties of city and county library boards as provided
in sections 134.11, 134.12, and 134.13 and including exclusive determination of all library
services to be provided under terms of the agreement as defined in section 134.001, and
exclusive control of the expenditure of all funds for the services. The regional library
system board may consist of as many members as the contracting parties deem necessary,
appointed in a number from among the residents of the contracting parties and for terms
by each party to the contract as determined by the contracting parties, irrespective of
the existence of one or more city and county library boards already in existence in the
participating cities and counties. Not more than one member from each contracting party
shall be a member of the governing body of a contracting party and no member may be
appointed to serve more than three consecutive three-year terms. In the participating cities
and counties, the portion of the proceeds of the city and county library tax authorized
by section 134.07, shall be used to support the regional public library system as the
contracting agreement may provide.

new text begin (b) The governing board of a regional public library system must employ a chief
administrative officer who is compensated by no more than one regional library system.
new text end

Sec. 3. new text begin EXAMINING AND DEVELOPING STATEWIDE SWIMMING
RESOURCES.
new text end

new text begin (a) The commissioner of education must inventory and report to the education
committees of the legislature by February 1, 2016, on the extent of existing resources and
best practices available for swimming instruction in Minnesota public schools.
new text end

new text begin (b) The commissioner of education must establish a work group of interested
stakeholders, including the commissioner or commissioner's designee, the commissioner
of health or the commissioner's designee, and representatives of K-12 physical education
teachers, K-12 school administrators, nonprofit fitness and recreational organizations,
public parks and recreation departments, and other stakeholders, including community
members underserved and disproportionately impacted by the current distribution of
swimming resources, interested in swimming instruction and activities identified by the
commissioner of education, to determine and report to the education committees of the
legislature by February 1, 2017, on the curriculum, resources, personnel, and other costs
needed to make swimming instruction available in all Minnesota public schools. The work
group must consider the substance of the report under paragraph (a) in preparing its report.
new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 9

STATE AGENCIES

Section 1.

Minnesota Statutes 2014, section 16A.103, subdivision 1c, is amended to
read:

Subd. 1c.

Expenditure data.

new text begin (a) new text end State agencies must submit any revisions
in expenditure data the commissioner determines necessary for the forecast to the
commissioner at least four weeks prior to the release of the forecast. The information
submitted by state agencies and any modifications to that information made by the
commissioner must be made available to legislative fiscal staff no later than three weeks
prior to the release of the forecast.

new text begin (b) Notwithstanding paragraph (a), the Department of Education must submit any
revisions in expenditure data to the commissioner at least three weeks before the release of
the November forecast, and the commissioner must make E-12 expenditure data available to
legislative fiscal staff no later than two weeks before the release of the November forecast.
new text end

Sec. 2.

Minnesota Statutes 2014, section 123A.24, subdivision 1, is amended to read:

Subdivision 1.

Distribution of assets and liabilities.

(a) If a district withdraws
from a cooperative unit defined in subdivision 2, the distribution of assets and assignment
of liabilities to the withdrawing district shall be determined according to this subdivision.

(b) The withdrawing district remains responsible for its share of debt incurred by the
cooperative unit according to section 123B.02, subdivision 3. The district and cooperative
unit may mutually agree, through a board resolution by each, to terms and conditions of
the distribution of assets and the assignment of liabilities.

(c) If the cooperative unit and the district cannot agree on the terms and conditions,
the commissioner shall resolve the dispute by determining the district's proportionate share
of assets and liabilities based on the district's enrollment, financial contribution, usage, or
other factor or combination of factors determined appropriate by the commissioner. new text begin If the
dispute requires the commissioner to involve an administrative law judge, any fees due
to the Office of Administrative Hearings must be equally split between the district and
cooperative unit. new text end The assets must be disbursed to the withdrawing district in a manner
that minimizes financial disruption to the cooperative unit.

(d) Assets related to an insurance pool shall not be disbursed to a member district
under paragraph (c).

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2014, section 123B.77, subdivision 3, is amended to read:

Subd. 3.

Statement for comparison and correction.

(a) By November deleted text begin 30 deleted text end new text begin 15 new text end of the
calendar year of the submission of the unaudited financial data, the district must provide to
the commissioner audited financial data for the preceding fiscal year. The audit must be
conducted in compliance with generally accepted governmental auditing standards, the
federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office
of the State Auditor. An audited financial statement prepared in a form which will allow
comparison with and correction of material differences in the unaudited financial data shall
be submitted to the commissioner and the state auditor by December deleted text begin 31 deleted text end new text begin 15 new text end . The audited
financial statement must also provide a statement of assurance pertaining to uniform
financial accounting and reporting standards compliance and a copy of the management
letter submitted to the district by the school district's auditor.

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

Sec. 4.

Minnesota Statutes 2014, section 124D.50, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Service-learning specialist; service-learning work. new text end

new text begin The commissioner
shall create a service-learning specialist position in the department to advance
evidence-based service learning, coordinate the service-learning grants program, and
provide technical assistance to school districts, schools, and school programs and to
their community-based partners or participants, such as nonprofit organizations, units
of government, higher education institutions, businesses or business organizations,
community leaders, or parents. The commissioner may provide or may contract for
specialized expertise in school- and community-based service-learning best practices,
professional development or training, service-learning research or evaluation, or
development of service-learning learning communities or user group support.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 5.

Minnesota Statutes 2014, section 125A.75, subdivision 9, is amended to read:

Subd. 9.

Litigation costs; annual report.

(a) By November 30 of each year,
a school district must annually report the district's special education litigation costs,
including attorney fees and costs of due process hearings, to the commissioner of
education, consistent with the Uniform Financial Accounting and Reporting Standards.

(b) By deleted text begin January 15 deleted text end new text begin February 1 new text end of each year, the commissioner shall report school
district special education litigation costs to the house of representatives and the senate
committees having jurisdiction over kindergarten through grade 12 education finance.

Sec. 6.

Minnesota Statutes 2014, section 127A.05, subdivision 6, is amended to read:

Subd. 6.

Survey of districts.

The commissioner of education shall survey the state's
school districts and teacher preparation programs and report to the education committees
of the legislature by deleted text begin January 15 deleted text end new text begin February 1 new text end of each odd-numbered year on the status of
teacher early retirement patterns, the teacher shortage, and the substitute teacher shortage,
including patterns and shortages in subject areas and regions of the state. The report must
also include how districts are making progress in hiring teachers and substitutes in the
areas of shortage and a five-year projection of teacher demand for each district.

Sec. 7.

Minnesota Statutes 2014, section 127A.49, subdivision 1, is amended to read:

Subdivision 1.

Omissions.

No adjustments to any aid payments made pursuant
to this chapter or chapters 120B, 122A, 123A, 123B, 124D, 125A, and 126C resulting
from omissions in district reports, except those adjustments determined by the legislative
auditor, shall be made for any school year after December deleted text begin 30 deleted text end new text begin 15 new text end of the next school year,
unless otherwise specifically provided by law.

Sec. 8.

Minnesota Statutes 2014, section 127A.70, subdivision 1, is amended to read:

Subdivision 1.

Establishment; membership.

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

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

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

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

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

(d) The P-20 education partnership shall be the state council for the Interstate
Compact on Educational Opportunity for Military Children under section 127A.85 with
the deleted text begin chair deleted text end new text begin commissioner or commissioner's designee new text end serving as the compact commissioner
responsible for the administration and management of the state's participation in the
compact. When conducting business required under section 127A.85, the P-20 partnership
shall include a representative from a military installation appointed by the adjutant general
of the Minnesota National Guard.

Sec. 9.

Laws 2014, chapter 312, article 16, section 15, is amended to read:

Sec. 15. TEACHER DEVELOPMENT AND EVALUATION REVENUE.

(a) For fiscal year 2015 only, teacher development and evaluation revenue for a
school district, intermediate school district, new text begin educational cooperative, education district, new text end
or charter school new text begin with any school site new text end that does not have an alternative professional pay
system agreement under Minnesota Statutes, section 122A.414, subdivision 2, equals $302
times the number of full-time equivalent teachers employed on October 1 of the previous
school year new text begin in each school site without an alternative professional pay system under
Minnesota Statutes, section 122A.414, subdivision 2 new text end . new text begin Except for charter schools, new text end revenue
under this section must be reserved for teacher development and evaluation activities
consistent with Minnesota Statutes, section 122A.40, subdivision 8, or Minnesota Statutes,
section 122A.41, subdivision 5. For the purposes of this section, "teacher" has the
meaning given it in Minnesota Statutes, section 122A.40, subdivision 1, or Minnesota
Statutes, section 122A.41, subdivision 1.

(b) Notwithstanding paragraph (a), the state total teacher development and evaluation
revenue entitlement must not exceed $10,000,000 for fiscal year 2015. The commissioner
must limit the amount of revenue under this section so as not to exceed this limit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2015.
new text end