Minnesota Legislature
HF 2127
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/15/2012 04:49pm
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A bill for an act
relating to education; modifying online learning parameters; modifying
graduation requirements; providing for digital learning; amending Minnesota
Statutes 2010, sections 120B.024; 122A.18, by adding a subdivision; 122A.60,
subdivisions 1a, 3; 124D.095, subdivisions 2, 4, 7, 10; 126C.15, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 120B.024, is amended to read:
120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.
(a) Students beginning 9th grade in the 2004-2005 school year and later must
successfully complete the following high school level course credits for graduation:
(1) four credits of language arts;
(2) three credits of mathematics, encompassing at least algebra, geometry, statistics,
and probability sufficient to satisfy the academic standard;
(3) three credits of science, including at least one credit in biology;
(4) three and one-half credits of social studies, encompassing at least United
States history, geography, government and citizenship, world history, and economics or
three credits of social studies encompassing at least United States history, geography,
government and citizenship, and world history, and one-half credit of economics taught in
a school's social studies, agriculture education, or business department;
(5) one credit in the arts; and
(6) a minimum of seven elective course credits.
A course credit is equivalent to a student successfully completing an academic
year of study or a student mastering the applicable subject matter, as determined by the
local school district.
(b) new text begin High school students must receive at least one digital course credit under
section 124D.095 to graduate. Where appropriate, a school district may comply with this
requirement by adopting a comparable, locally established alternate plan to accommodate
an eligible student with disabilities or an English-language learner enrolled in school for
three school years or less.
new text end
new text begin (c) new text end An agriculture science course may fulfill a science credit requirement in addition
to the specified science credits in biology and chemistry or physics under paragraph (a),
clause (3).
deleted text begin (c)deleted text end new text begin (d)new text end A career and technical education course may fulfill a science, mathematics, or
arts credit requirement in addition to the specified science, mathematics, or arts credits
under paragraph (a), clause (2), (3), or (5).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for all students entering grade 9 in
the 2012-2013 school year and later.
new text end
Sec. 2.
Minnesota Statutes 2010, section 122A.18, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Technology strategies. new text end
new text begin
All colleges and universities approved by the
Board of Teaching to prepare persons for classroom teacher licensure must include in their
teacher preparation programs the knowledge and skills teacher candidates need to deliver
digital and blended learning and curriculum and engage students with technology.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for candidates entering a teacher
preparation program after June 30, 2014.
new text end
Sec. 3.
Minnesota Statutes 2010, 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 skillsnew text begin to accommodate
the delivery of digital and blended learning and curriculum and engage students with
technologynew text end ;
(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; and
(7) align with the plan of the district or site for an alternative teacher professional
pay system.
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 the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2010, section 122A.60, subdivision 3, is amended to read:
Subd. 3.
Staff development outcomes.
The advisory staff development committee
must adopt a staff development plan for improving student achievement. The plan must
be consistent with education outcomes that the school board determines. The plan
must include ongoing staff development activities that contribute toward continuous
improvement in achievement of the following goals:
(1) improve student achievement of state and local education standards in all areas
of the curriculum by using best practices methods;
(2) effectively meet the needs of a diverse student population, including at-risk
children, children with disabilities, and gifted children, within the regular classroom
and other settings;
(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
student population that is consistent with the state education diversity rule and the district's
education diversity plan;
(4) improve staff collaboration and develop mentoring and peer coaching programs
for teachers new to the school or district;
(5) effectively teach and model violence prevention policy and curriculum that
address early intervention alternatives, issues of harassment, and teach nonviolent
alternatives for conflict resolution; deleted text begin and
deleted text end
(6) new text begin effectively deliver digital and blended learning and curriculum and engage
students with technology; and
new text end
new text begin (7) new text end provide teachers and other members of site-based management teams with
appropriate management and financial management skills.
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 2010, section 124D.095, subdivision 2, is amended to read:
Subd. 2.
Definitions.
For purposes of this section, the following terms have the
meanings given them.
(a) "deleted text begin Onlinedeleted text end new text begin Digitalnew text end learning" is an interactive course or program that delivers
instruction from a teacher to a student by computer; is combined with other traditional
delivery methods that include frequent student assessment and may include actual teacher
contact time; and meets or exceeds state academic standards.new text begin "Blended learning" is a
form of digital learning that occurs when: a student learns part time in a supervised
physical setting and part time through digital delivery of instruction; or a student learns
in a supervised physical setting where digital curriculum is used as a primary method to
deliver instruction.
new text end
(b) "deleted text begin Onlinedeleted text end new text begin Digitalnew text end learning provider" is a school district, an intermediate school
district, an organization of two or more school districts operating under a joint powers
agreement, or a charter school located in Minnesota that provides deleted text begin onlinedeleted text end new text begin digitalnew text end learning to
students.
(c) "Student" is a Minnesota resident enrolled in a school under section 120A.22,
subdivision 4, in kindergarten through grade 12.
(d) "deleted text begin Onlinedeleted text end new text begin Digitalnew text end learning student" is a student enrolled in deleted text begin an onlinedeleted text end new text begin a digitalnew text end
learning course or program delivered by deleted text begin an onlinedeleted text end new text begin a digitalnew text end provider under paragraph (b).
(e) "Enrolling district" means the school district or charter school in which a student
is enrolled under section 120A.22, subdivision 4, for purposes of compulsory attendance.
(f) "Supplemental deleted text begin onlinedeleted text end new text begin digitalnew text end learning" means deleted text begin an onlinedeleted text end new text begin a digitalnew text end course taken in
place of a course period during the regular school day at a local district school.
(g) "Full-time deleted text begin onlinedeleted text end new text begin digitalnew text end provider" means an enrolling school authorized by the
department to deliver comprehensive public education at any or all of the elementary,
middle, or high school levels.
(h) "deleted text begin Onlinedeleted text end new text begin Digitalnew text end course syllabus" is a written document that deleted text begin an onlinedeleted text end new text begin a digitalnew text end
learning provider transmits to the enrolling district using a format prescribed by the
commissioner to identify the state academic standards embedded in deleted text begin an onlinedeleted text end new text begin a digitalnew text end
course, the course content outline, required course assessments, expectations for actual
teacher contact time and other student-to-teacher communications, and the academic
support available to the deleted text begin onlinedeleted text end new text begin digitalnew text end learning 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. 6.
Minnesota Statutes 2010, section 124D.095, subdivision 4, is amended to read:
Subd. 4.
deleted text begin Onlinedeleted text end new text begin Digitalnew text end learning parameters.
(a) deleted text begin An onlinedeleted text end new text begin A digitalnew text end learning
student must receive academic credit for completing the requirements of deleted text begin an onlinedeleted text end new text begin a digitalnew text end
learning course or program. Secondary credits granted to deleted text begin an onlinedeleted text end new text begin a digitalnew text end learning
student count toward the graduation and credit requirements of the enrolling district. The
enrolling district must apply the same graduation requirements to all students, including
deleted text begin onlinedeleted text end new text begin digitalnew text end learning students, and must continue to provide nonacademic services
to deleted text begin onlinedeleted text end new text begin digitalnew text end learning students. If a student completes deleted text begin an onlinedeleted text end new text begin a digitalnew text end learning
course or program that meets or exceeds a graduation standard or the grade progression
requirement at the enrolling district, that standard or requirement is met. The enrolling
district must use the same criteria for accepting deleted text begin onlinedeleted text end new text begin digitalnew text end learning credits or courses
as it does for accepting credits or courses for transfer students under section 124D.03,
subdivision 9. The enrolling district may reduce the course schedule of deleted text begin an onlinedeleted text end new text begin a digitalnew text end
learning student in proportion to the number of deleted text begin onlinedeleted text end new text begin digitalnew text end learning courses the student
takes from deleted text begin an onlinedeleted text end new text begin a digitalnew text end learning provider that is not the enrolling district.
(b) deleted text begin An onlinedeleted text end new text begin A digitalnew text end learning student may:
(1) enroll in supplemental deleted text begin onlinedeleted text end new text begin digitalnew text end learning courses equal to a maximum of
50 percent of the student's full schedule of courses per term during a single school year
and the student may exceed the supplemental deleted text begin onlinedeleted text end new text begin digitalnew text end learning registration limit
if the enrolling district permits supplemental deleted text begin onlinedeleted text end new text begin digitalnew text end learning enrollment above
the limit, or if the enrolling district and the deleted text begin onlinedeleted text end new text begin digitalnew text end learning provider agree to the
instructional services;
(2) complete course work at a grade level that is different from the student's current
grade level; and
(3) enroll in additional courses with the deleted text begin onlinedeleted text end new text begin digital new text end learning provider under a
separate agreement that includes terms for paying any tuition or course fees.
(c) deleted text begin An onlinedeleted text end new text begin A digitalnew text end learning student has the same access to the computer
hardware and education software available in a school as all other students in the enrolling
district. deleted text begin An onlinedeleted text end new text begin A digitalnew text end learning provider must assist deleted text begin an onlinedeleted text end new text begin a digitalnew text end learning
student whose family qualifies for the education tax credit under section 290.0674 to
acquire computer hardware and educational software for deleted text begin onlinedeleted text end new text begin digitalnew text end learning purposes.
(d) An enrolling district may offer deleted text begin onlinedeleted text end new text begin digitalnew text end learning to its enrolled students.
Such deleted text begin onlinedeleted text end new text begin digitalnew text end learning does not generate deleted text begin onlinedeleted text end new text begin digitalnew text end learning funds under this
section. An enrolling district that offers deleted text begin onlinedeleted text end new text begin digitalnew text end learning only to its enrolled students
is not subject to the reporting requirements or review criteria under subdivision 7, unless
the enrolling district is a full-time deleted text begin onlinedeleted text end new text begin digitalnew text end provider. A teacher with a Minnesota
license must assemble and deliver instruction to enrolled students receiving deleted text begin onlinedeleted text end new text begin digitalnew text end
learning from an enrolling district. The delivery of instruction occurs when the student
interacts with the computer or the teacher and receives ongoing assistance and assessment
of learning. The instruction may include curriculum developed by persons other than a
teacher holding a Minnesota license.
(e) Both full-time and supplemental deleted text begin onlinedeleted text end new text begin digitalnew text end learning providers are subject to
the reporting requirements and review criteria under subdivision 7. A teacher holding
a Minnesota license must assemble and deliver instruction to deleted text begin onlinedeleted text end new text begin digitalnew text end learning
students. The delivery of instruction occurs when the student interacts with the computer
or the teacher and receives ongoing assistance and assessment of learning. The instruction
may include curriculum developed by persons other than a teacher holding a Minnesota
license. Unless the commissioner grants a waiver, a teacher providing deleted text begin onlinedeleted text end new text begin digitalnew text end
learning instruction must not instruct more than 40 students in any one deleted text begin onlinedeleted text end new text begin digitalnew text end
learning course or program.
(f) To enroll in more than 50 percent of the student's full schedule of courses per
term in deleted text begin onlinedeleted text end new text begin digitalnew text end learning, the student must qualify to exceed the supplemental deleted text begin onlinedeleted text end new text begin
digitalnew text end learning registration limit under paragraph (b) or apply to enroll in an approved
full-time deleted text begin onlinedeleted text end new text begin digitalnew text end learning program, consistent with subdivision 3, paragraph (a).
Full-time deleted text begin onlinedeleted text end new text begin digitalnew text end learning students may enroll in classes at a local school under a
contract for instructional services between the deleted text begin onlinedeleted text end new text begin digitalnew text end learning provider and the
school district.
Sec. 7.
Minnesota Statutes 2010, section 124D.095, subdivision 7, is amended to read:
Subd. 7.
Department of Education.
(a) The department must review and approve
deleted text begin onlinedeleted text end new text begin or disapprove digitalnew text end learning providersnew text begin within 60 business days of receiving the
digital provider's completed application. If the commissioner disapproves the application,
the commissioner must notify the digital provider of the deficiencies in the application
and the digital provider then has 20 business days to address the deficiencies. If the
digital provider does not address the deficiencies to the commissioner's satisfaction, the
commissioner's disapproval is finalnew text end .
new text begin (b) new text end The deleted text begin onlinedeleted text end new text begin digitalnew text end learning courses and programs must be rigorous, aligned with
state academic standards, and contribute to grade progression in a single subject. The
deleted text begin onlinedeleted text end new text begin digitalnew text end providernew text begin , other than a digital provider offering digital learning to its enrolled
students only under subdivision 4, paragraph (d), new text end must give the commissioner written
assurance that: (1) all courses meet state academic standards; and (2) the deleted text begin onlinedeleted text end new text begin digitalnew text end
learning curriculum, instruction, and assessment, expectations for actual teacher-contact
time or other student-to-teacher communication, and academic support meet nationally
recognized professional standards and are described as such in deleted text begin an onlinedeleted text end new text begin a digitalnew text end course
syllabus that meets the commissioner's requirements. Once deleted text begin an onlinedeleted text end new text begin a digitalnew text end learning
provider is approved under deleted text begin thisdeleted text end paragraphnew text begin (a)new text end , all of its deleted text begin onlinedeleted text end new text begin digitalnew text end learning course
offerings are eligible for payment under this section unless a course is successfully
challenged by an enrolling district or the department under paragraph deleted text begin (b)deleted text end new text begin (d)new text end .
deleted text begin (b)deleted text end new text begin (c) The commissioner may approve a digital provider for an initial term of three
consecutive school years, and may reapprove a digital provider for a subsequent term of
three to five consecutive school years if warranted by the digital provider's academic,
financial, and operational performance. For the commissioner to reapprove a digital
provider, among other effectiveness criteria established by the commissioner, a digital
provider must demonstrate to the commissioner it is making satisfactory progress toward
meeting its education goals and performance objectives and those of its students, as
described in its application.
new text end
new text begin (d) new text end An enrolling district may challenge the validity of a course offered by deleted text begin an onlinedeleted text end new text begin a
digitalnew text end learning provider. The department must review such challenges based on the
deleted text begin certificationdeleted text end procedures under paragraph deleted text begin (a)deleted text end new text begin (b)new text end . The department may initiate its own
review of the validity of deleted text begin an onlinedeleted text end new text begin a digitalnew text end learning course offered by deleted text begin an onlinedeleted text end new text begin a digitalnew text end
learning provider.
deleted text begin (c)deleted text end new text begin (e)new text end The department may collect a fee not to exceed $250 for certifying deleted text begin onlinedeleted text end new text begin
digitalnew text end learning providers or $50 per course for reviewing a challenge by an enrolling
district.
deleted text begin (d)deleted text end new text begin (f)new text end The department must develop, publish, and maintain a list of deleted text begin approved onlinedeleted text end new text begin
digitalnew text end learning providers deleted text begin and online learning courses and programsdeleted text end that it has reviewed
and deleted text begin certifieddeleted text end new text begin approvednew text end .
new text begin
(g) The commissioner must work with district schools, intermediate districts, and
charter schools to develop digital learning consortia.
new text end
Sec. 8.
Minnesota Statutes 2010, section 124D.095, subdivision 10, is amended to read:
Subd. 10.
deleted text begin Onlinedeleted text end new text begin Digitalnew text end Learning Advisory Council.
(a) deleted text begin An Onlinedeleted text end new text begin A Digitalnew text end
Learning Advisory Council is established. The term for each council member shall be
three years. The advisory council is composed of 12 members from throughout the
state who have demonstrated experience with or interest in deleted text begin onlinedeleted text end new text begin digitalnew text end learning. The
members of the council shall be appointed by the commissioner. The advisory council
shall bring to the attention of the commissioner any matters related to deleted text begin onlinedeleted text end new text begin digitalnew text end
learning and provide input to the department in matters related, but not restricted, to:
(1) quality assurance;
(2) teacher qualifications;
(3) program approval;
(4) special education;
(5) attendance;
(6) program design and requirements; and
(7) fair and equal access to programs.
(b) new text begin The Digital Learning Advisory Council, in consultation with the department and
the Minnesota Learning Commons, shall:
new text end
new text begin
(1) develop and maintain a catalog of publicly available digital learning content
aligned with Minnesota academic standards that includes:
new text end
new text begin
(i) an index of Minnesota academic standards aligned with curriculum;
new text end
new text begin
(ii) feedback from student and teacher catalog users; and
new text end
new text begin
(iii) a maintenance plan; and
new text end
new text begin
(2) recommend to the committees of the legislature having jurisdiction over
kindergarten through grade 12 education within three months of enactment how to add
student performance data to the digital resources included in the catalog.
new text end
new text begin (c) new text end The Online Learning Advisory Council under this subdivision expires June
30, 2013.
Sec. 9.
Minnesota Statutes 2010, 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. 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, 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 materialsnew text begin , digital learning,new text end 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 learners of limited
English proficiency;
(9) all day kindergarten;
(10) extended school day and extended school year programs; and
(11) 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.
Sec. 10. new text begin DIGITAL LEARNING ADVISORY COUNCIL REPORT.
new text end
new text begin
(a) The Digital Learning Advisory Council, in consultation with recognized
experts and interested stakeholders, shall review state education statutes and rules and
recommend how best to amend the statutes and rules to effectively integrate technology
into kindergarten through grade 12 and postsecondary education.
new text end
new text begin
(b) The council shall review the effect of student-teacher ratios and teacher licensure
requirements on digital learning and include the review in its report under paragraph (d).
new text end
new text begin
(c) The Minnesota Department of Education shall assist the council upon request.
new text end
new text begin
(d) The council must submit a report to the committees of the legislature with
jurisdiction over kindergarten through grade 12 education by January 15, 2013,
recommending statutory and rule changes to better integrate technology into kindergarten
through grade 12 and postsecondary education.
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. 11. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
In the next edition of Minnesota Statutes and Minnesota Rules, the revisor of statutes
shall substitute the term "digital" for the term "online" wherever the term "online" appears
pertaining to Minnesota Statutes, section 124D.095.
new text end