HF 2162

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; requiring school districts to
provide students with information about online
learning; providing funding for online learning and
for students' enrolling school districts;
appropriating money; amending Minnesota Statutes 2004,
sections 124D.095, subdivisions 4, 6, 8; 126C.05,
subdivision 19; repealing Minnesota Statutes 2004,
section 124D.095, subdivision 9.

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

Section 1.

Minnesota Statutes 2004, section 124D.095,
subdivision 4, is amended to read:

Subd. 4.

On-line learning parameters.

(a) An on-line
learning student must receive academic credit for completing the
requirements of an on-line learning course or program.
Secondary credits granted to an on-line learning student must be
counted toward the graduation and credit requirements of the
enrolling district. The enrolling district must apply the same
graduation requirements to all students, including on-line
learning students, and must continue to provide nonacademic
services to on-line learning students. If a student completes
an on-line learning course or program that meets or exceeds a
graduation standard or grade progression requirement at the
enrolling district, that standard or requirement is met. The
enrolling district must use the same criteria for accepting
on-line 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 teacher
contact time of an on-line learning student in proportion to the
number of on-line learning courses the student takes from an
on-line learning provider that is not the enrolling district.

(b) An on-line learning student may:

(1) enroll during a single school year in a maximum of 12
semester-long courses or their equivalent delivered by an
on-line learning provider or the enrolling district;

(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 on-line learning
provider under a separate agreement that includes terms for
payment of any tuition or course fees.

(c) A student with a disability may enroll in an on-line
learning course or program if the student's IEP team determines
that on-line learning is appropriate education for the student.

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

(e) An enrolling district may offer on-line learning to its
enrolled students. Such on-line learning does not generate
on-line learning funds under this section. An enrolling
district that offers on-line learning only to its enrolled
students is not subject to the reporting requirements or review
criteria under subdivision 7. A teacher with a Minnesota
license must assemble and deliver instruction to enrolled
students receiving on-line learning from an enrolling district.
The instruction may include curriculum developed by persons
other than a teacher with a Minnesota license.

(f) An on-line learning provider that is not the enrolling
district is subject to the reporting requirements and review
criteria under subdivision 7. A teacher with a Minnesota
license must assemble and deliver instruction to on-line
learning students deleted text begin . deleted text end new text begin A teacher who does not hold a Minnesota
license may assemble and deliver instruction to online learning
students if the teacher shows evidence of:
new text end

new text begin (1) employment by the online provider providing the online
course; and
new text end

new text begin (2) preservice or in-service training in distance education
tools and techniques from an accredited public or private
institution;
new text end

new text begin (3) licensure in another state in the subject and grade
level in which they are teaching; or
new text end

new text begin (4) employment as a professor or instructor at an
accredited postsecondary institution and assignment by the
online provider to teach an online course in the teacher's area
of expertise.
new text end

new text begin A teacher with a Minnesota license in any subject area at the
district of enrollment must supervise and mentor a student
enrolled in a course taught by a teacher qualified under clauses
(1) to (4). new text end The instruction may include curriculum developed by
persons other than a teacher with a Minnesota license. deleted text begin Unless
the commissioner grants a waiver,
deleted text end

new text begin (g) new text end A teacher providing on-line learning instruction must
not instruct more than deleted text begin 40 deleted text end new text begin 30 new text end students in any one on-line
learning course or program.

Sec. 2.

Minnesota Statutes 2004, section 124D.095,
subdivision 6, is amended to read:

Subd. 6.

Information.

new text begin By March 1 of each year, new text end school
districts and charter schools must deleted text begin make available deleted text end new text begin provide
new text end information new text begin in writing new text end about online learning new text begin , including, at
least, a list of department approved online learning providers,
and online learning courses and programs certified by the
department, new text end to all deleted text begin interested people deleted text end new text begin students in the district or
charter school new text end .

Sec. 3.

Minnesota Statutes 2004, section 124D.095,
subdivision 8, is amended to read:

Subd. 8.

Financial arrangements.

(a) For a student
enrolled in an on-line learning course, the department must
calculate average daily membership and make payments according
to this subdivision.

(b) The initial on-line learning average daily membership
equals 1/12 for each semester course or a proportionate amount
for courses of different lengths. The adjusted on-line learning
average daily membership equals the initial on-line learning
average daily membership times .88.

(c) No on-line learning average daily membership shall be
generated if: (1) the student does not complete the on-line
learning course, or (2) the student is enrolled in on-line
learning provided by the enrolling district deleted text begin and the student was
enrolled in a Minnesota public school for the school year before
the school year in which the student first enrolled in on-line
learning deleted text end .

(d) On-line learning average daily membership under this
subdivision for a student currently enrolled in a Minnesota
public school deleted text begin and who was enrolled in a Minnesota public school
for the school year before the school year in which the student
first enrolled in on-line learning deleted text end shall be used only for
computing average daily membership according to section 126C.05,
subdivision 19, paragraph (a), clause (ii), and for computing
on-line learning aid according to section deleted text begin 126C.24 deleted text end new text begin 124D.096 new text end .

deleted text begin (e) On-line learning average daily membership under this
subdivision for students not included in paragraph (c) or (d)
shall be used only for computing average daily membership
according to section 126C.05, subdivision 19, paragraph (a),
clause (ii), and for computing payments under paragraphs (f) and
(g).
deleted text end

deleted text begin (f) Subject to the limitations in this subdivision, the
department must pay an on-line learning provider an amount equal
to the product of the adjusted on-line learning average daily
membership for students under paragraph (e) times the student
grade level weighting under section 126C.05, subdivision 1,
times the formula allowance.
deleted text end

deleted text begin (g) The department must pay each on-line learning provider
100 percent of the amount in paragraph (f) within 45 days of
receiving final enrollment and course completion information
each quarter or semester.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end

Sec. 4.

Minnesota Statutes 2004, section 126C.05,
subdivision 19, is amended to read:

Subd. 19.

On-line learning students.

deleted text begin (a) deleted text end The average
daily membership for a public school pupil generating on-line
learning average daily membership according to section 124D.095,
subdivision 8, paragraph (b), equals the sum of: (1) the ratio
of the sum of the number of instructional hours the pupil is
enrolled in a regular classroom setting at the enrolling school
to the actual number of instructional hours in the school year
at the enrolling school, plus (2) deleted text begin .12 deleted text end new text begin .88 new text end times the initial
on-line learning average daily membership according to section
124D.095, subdivision 8, paragraph (b).

deleted text begin (b) When the sum of the average daily membership under
paragraph (a) and the adjusted on-line learning average daily
membership under section 124D.095, subdivision 8, paragraph (b),
exceeds the maximum allowed for the student under subdivision 8
or 15, as applicable, the average daily membership under
paragraph (a) shall be reduced by the excess over the maximum,
but shall not be reduced below .12. The adjusted on-line
learning average daily membership according to section 124D.095,
subdivision 8, paragraph (b), shall be reduced by any remaining
excess over the maximum.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 124D.095, subdivision 9,
is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end