Minnesota Legislature
HF 2269
as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2017 11:34am
Current Version - as introduced
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A bill for an act
relating to education; authorizing school boards to implement flexible learning
year programs without approval by commissioner of education; amending
Minnesota Statutes 2016, sections 124D.121; 124D.122; 124D.126, subdivision
1; 124D.127; repealing Minnesota Rules, part 3500.1000.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, 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 commissionerdeleted 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. 2.
Minnesota Statutes 2016, section 124D.122, is amended to read:
124D.122 ESTABLISHMENT OF FLEXIBLE LEARNING YEAR PROGRAM.
The board of any district or a consortium of districtsdeleted 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 anddeleted text end evaluation process, though results, public hearings, and
board approvals must be obtained for each district as required under appropriate sections.
deleted text begin The commissioner must approve or disapprove of a flexible learning year application within
45 business days of receiving the application. If the commissioner disapproves the
deleted text end deleted text begin application, the commissioner must give the district or consortium detailed reasons for the
disapproval.
deleted text end
Sec. 3.
Minnesota Statutes 2016, 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.127deleted text begin , the
commissioner's standards and qualifications, and the proposed program as submitted and
approveddeleted text end ;
deleted text begin (3)deleted text end new text begin (2)new text end provide any necessary adjustments of deleted text begin (a)deleted text end new text begin (i)new text end attendance and membership
computations and deleted text begin (b)deleted text end new text begin (ii)new text end 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. 4.
Minnesota Statutes 2016, section 124D.127, is amended to read:
124D.127 TERMINATION OF FLEXIBLE LEARNING YEAR PROGRAM.
The board of any districtdeleted 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. 5. 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
APPENDIX
Repealed Minnesota Rule: 17-3478
3500.1000 EXPERIMENTAL AND FLEXIBLE SCHOOL YEAR PROGRAMS.
Subpart 1.
Request.
A district may request approval from the commissioner of education for an experimental program of study, a four-day school week, or a flexible school year program. They shall be designed to accomplish at least one of the following:
D.
establish an alternative eligibility criteria intended to identify pupils in need of special education services.
Subp. 2.
Exemption from state rules.
If the proposed program is approved, the commissioner of education shall provide an exemption to state rules that otherwise would apply.
Subp. 3.
Contents of proposal.
The proposal shall include: specific state rules from which the district requests exemption, the goals and objectives of the program, the activities to be used to accomplish the objectives, a definite time limit which may not exceed three years, and the evaluation procedures to be used.
Subp. 4.
Participation and approval.
The district shall provide evidence that the district staff, pupils, and parents who would be affected, participated in the development and will participate in the annual review of the proposal, and that the proposal has the approval of the district school board.
Parents whose children will be involved shall be fully informed at the IEP meeting and shall have the opportunity to approve or disapprove placement in the experimental program.
Subp. 5.
Criteria for continuation.
If the commissioner of education finds that the program has met the proposed goals and objectives, the commissioner shall authorize continuation of the program and specify the state rules from which the program is exempt and the period of time the program will be continued.