HF 2743

as introduced - 87th Legislature (2011 - 2012) Posted on 03/08/2012 11:59am

A bill for an act
relating to education; improving the academic achievement of all students;
amending Minnesota Statutes 2010, sections 120A.22, subdivision 5; 120B.35,
by adding a subdivision; 121A.03; 121A.17, subdivisions 3, 5; 122A.50;
122A.60, subdivision 1a; 123B.41, subdivision 7; 124D.02, subdivision 1, by
adding a subdivision; 126C.05, subdivision 15; 126C.12, subdivisions 1, 5;
145A.17, subdivision 1; Minnesota Statutes 2011 Supplement, sections 121A.55;
123B.92, subdivision 1; 124D.10, subdivision 8; 126C.05, subdivision 1;
126C.126; proposing coding for new law in Minnesota Statutes, chapter 120B;
repealing Minnesota Statutes 2010, section 121A.0695.

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

Section 1.

Minnesota Statutes 2010, section 120A.22, subdivision 5, is amended to
read:

Subd. 5.

Ages and terms.

(a) Every child between seven and 16 years of age must
receive instruction. Every child under the age of seven who is enrolled in a deleted text begin half-day
kindergarten, or a full-day deleted text end kindergarten program deleted text begin on alternate days, or other kindergarten
programs deleted text end shall receive instruction. Except as provided in subdivision 6, a parent may
withdraw a child under the age of seven from enrollment at any time.

(b) A school district by annual board action may require children subject to this
subdivision to receive instruction in summer school. A district that acts to require children
to receive instruction in summer school shall establish at the time of its action the criteria
for determining which children must receive instruction.

Sec. 2.

new text begin [120B.06] EFFECTING ACADEMIC STANDARDS AND GRADUATION
REQUIREMENTS.
new text end

new text begin To effect the academic standards and graduation requirements of this chapter, and
notwithstanding other law to the contrary, the commissioner must ensure that every school
district maintain the following staffing ratios:
new text end

new text begin (1) a class size ratio of one licensed classroom teacher for every 18 students;
new text end

new text begin (2) a school counselor ratio of one licensed school counselor for every 250 students,
which includes providing students in each school building with access to a licensed school
counselor;
new text end

new text begin (3) a school social worker ratio of one licensed school social worker for every
400 students, which includes providing students in each school building with access to
a licensed school social worker;
new text end

new text begin (4) a school nurse ratio of one licensed school nurse for every 750 students, which
includes providing students in each school building with access to a licensed school
nurse; and
new text end

new text begin (5) a school psychologist ratio of one licensed school psychologist for every 1,000
students, which includes providing students in each school building with access to a
licensed school psychologist.
new text end

Sec. 3.

Minnesota Statutes 2010, section 120B.35, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Local data analysis and interpretation. new text end

new text begin Each school district and charter
school must convene a data analysis team composed of prekindergarten through grade
12 licensed school staff to analyze and interpret student performance data on school
performance report cards under section 120B.36, subdivision 1, and other local student
performance data in order to enable all licensed school staff to use the data most effectively
to inform classroom instruction and improve student learning. At least one-half of the
members of the data analysis team must be licensed school staff selected by the exclusive
representative of the teachers, where available, or otherwise selected by the teachers of
the school. At least one school administrator must also be a data analysis team member.
Licensed teachers and counselors working to improve students' learning outcomes must
have available one hour each week to review the data and implement the contents of the
strategic plan to improve student learning outcomes under section 120B.361. Data review
under this subdivision is a staff professional development activity under section 122A.60,
and must be provided consistent with section 122A.50, paragraph (c).
new text end

Sec. 4.

new text begin [120B.361] STATE PERFORMANCE MEASURES; IMPROVING
STUDENT LEARNING OUTCOMES.
new text end

new text begin Subdivision 1. new text end

new text begin Strategic planning. new text end

new text begin Each school board and charter school must
engage in a formal strategic planning process that, among other things, targets at-risk
student populations between prekindergarten and grade 12. Consistent with school
performance report card data under section 120B.36, subdivision 1, the strategic plan must:
new text end

new text begin (1) establish concrete goals for improving learning outcomes for all students
including at-risk students;
new text end

new text begin (2) determine a timeline for achieving those goals and outcomes; and
new text end

new text begin (3) identify valid and reliable instruments the district or charter school will use to
measure its success in realizing its goals and outcomes according to its stated timeline.
new text end

new text begin School boards and charter schools annually must formally review and, where
appropriate, revise the contents of the plan, consistent with this section and section
120B.35, subdivision 3a.
new text end

new text begin Subd. 2. new text end

new text begin Parent and community participation. new text end

new text begin Each school board and charter
school must develop a strategic plan to promote parent education and parent and
community involvement for the purpose of improving student learning, consistent with
this section, sections 124D.895 and 124D.8955, and the school performance report card
data under section 120B.36, subdivision 1. A school board must develop the plan in
collaboration with the exclusive representative of the teachers in the district and members
of the community. The plan must include:
new text end

new text begin (1) consistent with section 145A.17, home visits to resident families experiencing
risk factors under section 121A.17, subdivision 5, that may affect a child's learning;
new text end

new text begin (2) education programs provided in multiple formats and at multiple times that give
families of enrolled students ready access to specific information about goals, timelines,
and measures related to improving student learning outcomes, inform families about
available curricular programs and cocurricular and extracurricular activities, and afford
families opportunities to advise the district and school on how best to improve student
learning outcomes from the families' standpoint;
new text end

new text begin (3) means to facilitate a parent's involvement in a child's learning including the
parent's access to translations and transportation, and, where appropriate, the child's
access to health-related services;
new text end

new text begin (4) strategies for engaging community-based partners to better understand and
support community interests related to student learning and to communicate to the
community about district and school efforts to improve student learning; and
new text end

new text begin (5) to the extent possible, and notwithstanding other law to the contrary, coordination
among local providers to colocate in a school facility the resources and services available
to at-risk families, including medical and dental care, GED resources, and career
counseling, among other available resources and services.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin Each school year, school boards and charter schools must:
new text end

new text begin (1) present the strategic plan under subdivision 1 at the first formal meeting of the
school board or board of directors of the charter school;
new text end

new text begin (2) post an electronic copy of the current plan on the official Web site of the district
or charter school;
new text end

new text begin (3) transmit the plan, including any revisions, to the department by October 1 of the
current school year; and
new text end

new text begin (4) transmit a current progress report on realizing goals and outcomes to the
department by June 15 following the most recent school year.
new text end

Sec. 5.

Minnesota Statutes 2010, section 121A.03, is amended to read:

121A.03 deleted text begin MODEL deleted text end new text begin SCHOOL BOARD new text end POLICY new text begin ; PROHIBITING
HARASSMENT, BULLYING, INTIMIDATION, AND VIOLENCE new text end .

Subdivision 1.

Model policy.

The commissioner shall maintain and make available
to school boards a model deleted text begin sexual, religious, and racial deleted text end harassment new text begin , bullying, intimidation, new text end
and violence policy. The model policy shall address the requirements of subdivision 2,
and may encourage violence prevention and character development education programs,
consistent with section 120B.232, subdivision 1, to prevent and reduce policy violations.

Subd. 2.

deleted text begin Sexual, religious, and racial deleted text end Harassment new text begin , bullying, intimidation, new text end
and violence policy.

deleted text begin A school board must adopt a written sexual, religious, and racial
harassment and sexual, religious, and racial violence policy that conforms with chapter
363A. deleted text end new text begin By January 1, 2013, a school board must adopt a written policy that prohibits
harassment, bullying, intimidation, and violence based on, among other things, actual
or perceived race, color, creed, religion, national origin, sex, marital status, disability,
socioeconomic status, sexual orientation, gender identity or expression, age, physical
characteristics, and association with a person or group with one or more of these actual
or perceived characteristics. The policy shall address harassment, bullying, intimidation,
and violence in all forms, including electronic forms and forms requiring Internet use,
among other forms. new text end The policy shall apply to pupils, teachers, administrators, and
other school personnel, include reporting procedures, and set forth disciplinary actions
that will be taken for violation of the policy. Disciplinary actions must conform with
collective bargaining agreements and sections 121A.41 to 121A.56. The policy must
be conspicuously posted throughout each school building, new text begin posted on the district's Web
site, new text end given to each district employee and independent contractor at the time of entering
into the person's employment contract, and included in each school's student handbook
on school policies. Each school must develop a process for discussing the school's
deleted text begin sexual, religious, and racial deleted text end harassment new text begin , bullying, intimidation, new text end and violence policy with
students and school employees. new text begin School employees shall receive training on preventing
and responding to harassment, bullying, intimidation, and violence. The person having
administrative control of a school shall develop and maintain a system to collect data on
all incidents of harassment, bullying, intimidation, and violence.
new text end

Subd. 3.

Submission to commissioner.

Each school board must submit to the
commissioner a copy of the deleted text begin sexual, religious, and racial deleted text end harassment new text begin , bullying, intimidation, new text end
and deleted text begin sexual, religious, and racial deleted text end violence policy the board has adopted. new text begin The commissioner
shall review the policies for compliance with this section and make the policies available
to the public upon request.
new text end

Sec. 6.

Minnesota Statutes 2010, section 121A.17, subdivision 3, is amended to read:

Subd. 3.

Screening program.

(a) A screening program must include at least the
following components: developmental assessments, hearing and vision screening or
referral, immunization review and referral, the child's height and weight, identification
of risk factors that may influence learning, an interview with the parent about the child,
and referral for assessment, diagnosis, and treatment when potential needs are identified.
new text begin To better understand a young child's ability to learn, the screening program also may
include an assessment and evaluation of the child's social and emotional development,
the child's approaches to learning, language, and literacy development, and the child's
familiarity with math, science, and creative arts. new text end The district and the person performing
or supervising the screening must provide a parent or guardian with clear written notice
that the parent or guardian may decline to answer questions or provide information about
family circumstances that might affect development and identification of risk factors that
may influence learning. The notice must clearly state that declining to answer questions or
provide information does not prevent the child from being enrolled in kindergarten or first
grade if all other screening components are met. If a parent or guardian is not able to read
and comprehend the written notice, the district and the person performing or supervising
the screening must convey the information in another manner. The notice must also inform
the parent or guardian that a child need not submit to the district screening program if
the child's health records indicate to the school that the child has received comparable
developmental screening performed within the preceding 365 days by a public or private
health care organization or individual health care provider. The notice must be given to a
parent or guardian at the time the district initially provides information to the parent or
guardian about screening and must be given again at the screening location.

(b) All screening components shall be consistent with the standards of the state
commissioner of health for early developmental screening programs. A developmental
screening program must not provide laboratory tests or a physical examination to any
child. The district must request from the public or private health care organization or the
individual health care provider the results of any laboratory test or physical examination
within the 12 months preceding a child's scheduled screening.

(c) If a child is without health coverage, the school district must refer the child to an
appropriate health care provider.

(d) A board may offer additional components such as nutritional, physical and
dental assessments, review of family circumstances that might affect development, blood
pressure, laboratory tests, and health history.

(e) If a statement signed by the child's parent or guardian is submitted to the
administrator or other person having general control and supervision of the school that
the child has not been screened because of conscientiously held beliefs of the parent
or guardian, the screening is not required.

Sec. 7.

Minnesota Statutes 2010, section 121A.17, subdivision 5, is amended to read:

Subd. 5.

Developmental screening program information.

The board must inform
each resident family with a child eligible to participate in the developmental screening
program, and a charter school that provides screening must inform families that apply
for admission to the charter school, about the availability of the program and the state's
requirement that a child receive a developmental screening or provide health records
indicating that the child received a comparable developmental screening from a public
or private health care organization or individual health care provider not later than 30
days after the first day of attending kindergarten in a public school. new text begin The board must
encourage resident families of young children experiencing risk factors that may affect a
child's learning to consider additional screening for assessing and evaluating the child's
ability to learn to the extent such screening is available. new text end A school district must inform all
resident families with eligible children under age seven, and a charter school that provides
screening must inform families that apply for admission to the charter school, that their
children may receive a developmental screening conducted either by the school district
or by a public or private health care organization or individual health care provider and
that the screening is not required if a statement signed by the child's parent or guardian is
submitted to the administrator or other person having general control and supervision of
the school that the child has not been screened.

Sec. 8.

Minnesota Statutes 2011 Supplement, section 121A.55, is amended to read:

121A.55 POLICIES TO BE ESTABLISHED.

(a) The commissioner of education shall promulgate guidelines to assist each
school board. Each school board shall establish uniform criteria for dismissal and adopt
written policies and rules to effectuate the purposes of sections 121A.40 to 121A.56.
The policies shall emphasize preventing dismissals through early detection of problems
and shall be designed to address students' inappropriate behavior from recurring. The
policies shall recognize the continuing responsibility of the school for the education of
the pupil during the dismissal period. The alternative educational services, if the pupil
wishes to take advantage of them, must be adequate to allow the pupil to make progress
towards meeting the graduation standards adopted under section 120B.02 and help prepare
the pupil for readmission.

(b) An area learning center under section 123A.05 may not prohibit an expelled or
excluded pupil from enrolling solely because a district expelled or excluded the pupil. The
board of the area learning center may use the provisions of the Pupil Fair Dismissal Act to
exclude a pupil or to require an admission plan.

(c) Each school district shall develop a policy and report it to the commissioner on
the appropriate use of peace officers and crisis teams to remove students who have an
individualized education program from school grounds.

new text begin (d) Each school district must ensure that district and school discipline policies
fairly account for the cultural and socioeconomic circumstances of students and that
school officials do not dismiss a disproportionate number of minority or economically
disadvantaged students. Each district annually must report to the commissioner the
total number of minority and economically disadvantaged students dismissed in the
district in comparison to the total number of all students dismissed in the district. If the
commissioner determines that a disproportionate number of minority or economically
disadvantaged students have been dismissed in a district, the school board of that district
must formally adopt a plan to remedy the disparity in dismissals and submit the plan to the
commissioner for review. The plan must provide for periodic, up-to-date reports to school
staff of summary data on student dismissals that show the disparity in student dismissals
on a school and district-wide basis, strategies for reducing and eliminating the disparity
in student dismissals, and ongoing training and support for school staff that result in fair
and effective discipline appropriate to the needs of all enrolled students, consistent with
sections 121A.40 to 121A.575.
new text end

Sec. 9.

Minnesota Statutes 2010, section 122A.50, is amended to read:

122A.50 PREPARATION TIME.

new text begin (a) new text end Beginning with agreements effective July 1, 1995, and thereafter, all collective
bargaining agreements for teachers provided for under chapter 179A, must include
provisions for preparation time or a provision indicating that the parties to the agreement
chose not to include preparation time in the contract.

new text begin (b) new text end If the parties cannot agree on preparation time the following provision shall apply
and be incorporated as part of the agreement: "Within the student day for every 25 minutes
of classroom instructional time, a minimum of five additional minutes of preparation time
shall be provided to each licensed teacher. Preparation time shall be provided in one or
two uninterrupted blocks during the student day. Exceptions to this may be made by
mutual agreement between the district and the exclusive representative of the teachers."

new text begin (c) In addition to preparation time under paragraphs (a) and (b), for each 25 minutes
of classroom instruction, school districts and charter schools must provide each licensed
teacher with at least five additional minutes within the student contact day for coordinated
planning time with other licensed teachers that enables the teachers to use data under
section 120B.35, subdivision 3a, and other student performance information to plan,
analyze, and evaluate student instruction to improve student learning for all students.
Planning time under this paragraph must be provided in one uninterrupted block of time
during the student contact day.
new text end

Sec. 10.

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 new text begin , including efforts to inform classroom instruction and improve student learning
resulting from data analysis and interpretation under section 120B.35, subdivision 3a new text end ;

(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;

(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; deleted text begin and
deleted text end

(7) align with the plan of the district or site for an alternative teacher professional
pay system deleted text begin . deleted text end new text begin ;
new text end

new text begin (8) provide opportunities to address student need for interventions that include time
for professional collaboration to improve student and family outcomes; and
new text end

new text begin (9) direct resources toward improving cultural competencies, parent and family
outreach and support, and student learning consistent with section 120B.361.
new text end

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.

Sec. 11.

Minnesota Statutes 2010, section 123B.41, subdivision 7, is amended to read:

Subd. 7.

Elementary pupils.

"Elementary pupils" means pupils in grades
kindergarten through 6 deleted text begin ; provided, each kindergarten pupil shall be counted as one-half
pupil for all computations pursuant to sections 123B.40 to 123B.42, and 123B.44 to
123B.48 deleted text end .

Sec. 12.

Minnesota Statutes 2011 Supplement, section 123B.92, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

For purposes of this section and section 125A.76, the
terms defined in this subdivision have the meanings given to them.

(a) "Actual expenditure per pupil transported in the regular and excess transportation
categories" means the quotient obtained by dividing:

(1) the sum of:

(i) all expenditures for transportation in the regular category, as defined in paragraph
(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus

(ii) an amount equal to one year's depreciation on the district's school bus fleet
and mobile units computed on a straight line basis at the rate of 15 percent per year for
districts operating a program under section 124D.128 for grades 1 to 12 for all students in
the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus

(iii) an amount equal to one year's depreciation on the district's type III vehicles, as
defined in section 169.011, subdivision 71, which must be used a majority of the time for
pupil transportation purposes, computed on a straight line basis at the rate of 20 percent
per year of the cost of the type three school buses by:

(2) the number of pupils eligible for transportation in the regular category, as defined
in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).

(b) "Transportation category" means a category of transportation service provided to
pupils as follows:

(1) Regular transportation is:

(i) transportation to and from school during the regular school year for resident
elementary pupils residing one mile or more from the public or nonpublic school they
attend, and resident secondary pupils residing two miles or more from the public
or nonpublic school they attend, excluding desegregation transportation deleted text begin and noon
kindergarten transportation deleted text end ; but with respect to transportation of pupils to and from
nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;

(ii) transportation of resident pupils to and from language immersion programs;

(iii) transportation of a pupil who is a custodial parent and that pupil's child between
the pupil's home and the child care provider and between the provider and the school, if
the home and provider are within the attendance area of the school;

(iv) transportation to and from or board and lodging in another district, of resident
pupils of a district without a secondary school; and

(v) transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance
area border to the public school is one mile or more, and for nonresident secondary pupils
when the distance from the attendance area border to the public school is two miles or
more, excluding desegregation transportation deleted text begin and noon kindergarten transportation deleted text end .

For the purposes of this paragraph, a district may designate a licensed day care
facility, school day care facility, respite care facility, the residence of a relative, or the
residence of a person or other location chosen by the pupil's parent or guardian, or an
after-school program for children operated by a political subdivision of the state, as the
home of a pupil for part or all of the day, if requested by the pupil's parent or guardian,
and if that facility, residence, or program is within the attendance area of the school the
pupil attends.

(2) Excess transportation is:

(i) transportation to and from school during the regular school year for resident
secondary pupils residing at least one mile but less than two miles from the public or
nonpublic school they attend, and transportation to and from school for resident pupils
residing less than one mile from school who are transported because of full-service school
zones, extraordinary traffic, drug, or crime hazards; and

(ii) transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two miles from the public school
they attend, and for nonresident pupils when the distance from the attendance area border
to the school is less than one mile from the school and who are transported because of
full-service school zones, extraordinary traffic, drug, or crime hazards.

(3) Desegregation transportation is transportation within and outside of the district
during the regular school year of pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the commissioner or under
court order.

(4) "Transportation services for pupils with disabilities" is:

(i) transportation of pupils with disabilities who cannot be transported on a regular
school bus between home or a respite care facility and school;

(ii) necessary transportation of pupils with disabilities from home or from school to
other buildings, including centers such as developmental achievement centers, hospitals,
and treatment centers where special instruction or services required by sections 125A.03
to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
where services are provided;

(iii) necessary transportation for resident pupils with disabilities required by sections
125A.12, and 125A.26 to 125A.48;

(iv) board and lodging for pupils with disabilities in a district maintaining special
classes;

(v) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, and necessary
transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils
with disabilities who are provided special instruction and services on a shared-time basis
or if resident pupils are not transported, the costs of necessary travel between public
and private schools or neutral instructional sites by essential personnel employed by the
district's program for children with a disability;

(vi) transportation for resident pupils with disabilities to and from board and lodging
facilities when the pupil is boarded and lodged for educational purposes;

(vii) transportation of pupils for a curricular field trip activity on a school bus
equipped with a power lift when the power lift is required by a student's disability or
section 504 plan; and

(viii) services described in clauses (i) to (vii), when provided for pupils with
disabilities in conjunction with a summer instructional program that relates to the
pupil's individualized education program or in conjunction with a learning year program
established under section 124D.128.

For purposes of computing special education initial aid under section 125A.76,
subdivision 2, the cost of providing transportation for children with disabilities includes
(A) the additional cost of transporting a homeless student from a temporary nonshelter
home in another district to the school of origin, or a formerly homeless student from a
permanent home in another district to the school of origin but only through the end of the
academic year; and (B) depreciation on district-owned school buses purchased after July 1,
2005, and used primarily for transportation of pupils with disabilities, calculated according
to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
transportation category must be excluded in calculating the actual expenditure per pupil
transported in the regular and excess transportation categories according to paragraph (a).

(5) "Nonpublic nonregular transportation" is:

(i) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under clause (4);

(ii) transportation within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who are provided pupil support
services pursuant to section 123B.44; and

(iii) late transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.

(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
educational programs and services, including diagnostic testing, guidance and counseling
services, and health services. A mobile unit located off nonpublic school premises is a
neutral site as defined in section 123B.41, subdivision 13.

Sec. 13.

Minnesota Statutes 2010, section 124D.02, subdivision 1, is amended to read:

Subdivision 1.

Kindergarten instruction.

The board may establish and maintain
one or more kindergartens for the instruction of children and after July 1, 1974, shall
provide kindergarten instruction for all eligible children, either in the district or in
another district. new text begin Beginning July 1, 2012, the board must make available all-day, everyday
kindergarten to all eligible children. new text end All children to be eligible for kindergarten must
be at least five years of age on September 1 of the calendar year in which the school
year commences. In addition all children selected under an early admissions policy
established by the school board may be admitted. Nothing in this section shall prohibit a
school district from establishing Head Start, prekindergarten, or nursery school classes
for children below kindergarten age. Any school board with evidence that providing
kindergarten will cause an extraordinary hardship on the school district may apply to the
commissioner of education for an exception.

Sec. 14.

Minnesota Statutes 2010, section 124D.02, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Early childhood instruction. new text end

new text begin The board must establish or provide access
to high-quality early learning programs for young children birth to age five residing in
the district. These programs must include:
new text end

new text begin (1) early childhood services for young children birth to age three;
new text end

new text begin (2) early childhood education for young children ages three to five or until the
children enter kindergarten, whichever is later; and
new text end

new text begin (3) parent education.
new text end

Sec. 15.

Minnesota Statutes 2011 Supplement, 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. A charter school student must be released for religious instruction, consistent
with section 120A.22, subdivision 12, clause (3).

(e) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled.

(f) 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 younger than five years and older than
18 years of age.

(g) A charter school may not charge tuition.

(h) A charter school is subject to and must comply with chapter 363A and deleted text begin section deleted text end new text begin
sections 121A.03 and new text end 121A.04.

(i) A charter school is subject to and must comply with the Pupil Fair Dismissal
Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(j) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district. 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.

(k) A charter school is a district for the purposes of tort liability under chapter 466.

(l) 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.

(m) A charter school is subject to the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(n) A charter school offering online courses or programs must comply with section
124D.095.

(o) A charter school and charter school board of directors are subject to chapter 181.

(p) 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.

(q) A charter school that provides early childhood health and developmental
screening must comply with sections 121A.16 to 121A.19.

(r) A charter school that provides school-sponsored youth athletic activities must
comply with section 121A.38.

Sec. 16.

Minnesota Statutes 2011 Supplement, section 126C.05, subdivision 1, is
amended to read:

Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil under the
age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c),
in average daily membership enrolled in the district of residence, in another district under
sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under
section 124D.10; or for whom the resident district pays tuition under section 123A.18,
123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04,
124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted according to this
subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved
by the commissioner and has an individualized education program is counted as the ratio
of the number of hours of assessment and education service to 825 times 1.25 with a
minimum average daily membership of 0.28, but not more than 1.25 pupil units.

(b) A prekindergarten pupil who is assessed but determined not to be disabled is
counted as the ratio of the number of hours of assessment service to 825 times 1.25.

(c) A kindergarten pupil with a disability who is enrolled in a program approved
by the commissioner is counted as the ratio of the number of hours of assessment and
education services required in the fiscal year by the pupil's individualized education
program to 875, but not more than one.

(d) A kindergarten pupil who is not included in paragraph (c) is counted as .612 new text begin and
as 1.115 new text end pupil units new text begin for fiscal year 2013 and thereafter new text end .

(e) A pupil who is in any of grades 1 to 3 is counted as 1.115 pupil units for fiscal
year 2000 and thereafter.

(f) A pupil who is any of grades 4 to 6 is counted as 1.06 pupil units for fiscal
year 1995 and thereafter.

(g) A pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units.

(h) A pupil who is in the postsecondary enrollment options program is counted
as 1.3 pupil units.

Sec. 17.

Minnesota Statutes 2010, section 126C.05, subdivision 15, is amended to read:

Subd. 15.

Learning year pupil units.

(a) When a pupil is enrolled in a learning
year program under section 124D.128, an area learning center or an alternative learning
program approved by the commissioner under sections 123A.05 and 123A.06, or a
contract alternative program under section 124D.68, subdivision 3, paragraph (d), or
subdivision 3a, for more than 1,020 hours in a school year for a secondary student, more
than 935 hours in a school year for an elementary student, deleted text begin or more than 425 hours in a
school year for a kindergarten student without a disability, deleted text end that pupil may be counted
as more than one pupil in average daily membership for purposes of section 126C.10,
subdivision 2a. The amount in excess of one pupil must be determined by the ratio of
the number of hours of instruction provided to that pupil in excess of: (i) the greater of
1,020 hours or the number of hours required for a full-time secondary pupil in the district
to 1,020 for a secondary pupil; new text begin and new text end (ii) the greater of 935 hours or the number of hours
required for a full-time elementary pupil in the district to 935 for an elementary pupil in
grades 1 through 6 deleted text begin ; and (iii) the greater of 425 hours or the number of hours required for a
full-time kindergarten student without a disability in the district to 425 for a kindergarten
student without a disability deleted text end . Hours that occur after the close of the instructional year in
June shall be attributable to the following fiscal year. deleted text begin A kindergarten student must not
be counted as more than 1.2 pupils in average daily membership under this subdivision. deleted text end
A student in new text begin kindergarten or new text end grades 1 through 12 must not be counted as more than 1.2
pupils in average daily membership under this subdivision.

(b)(i) To receive general education revenue for a pupil in an area learning center
or alternative learning program that has an independent study component, a district
must meet the requirements in this paragraph. The district must develop, for the pupil,
a continual learning plan consistent with section 124D.128, subdivision 3. Each school
district that has an area learning center or alternative learning program must reserve
revenue in an amount equal to at least 90 percent of the district average general education
revenue per pupil unit, minus an amount equal to the product of the formula allowance
according to section 126C.10, subdivision 2, times .0485, calculated without basic skills
and transportation sparsity revenue, times the number of pupil units generated by students
attending an area learning center or alternative learning program. The amount of reserved
revenue available under this subdivision may only be spent for program costs associated
with the area learning center or alternative learning program. Basic skills revenue
generated according to section 126C.10, subdivision 4, by pupils attending the eligible
program must be allocated to the program.

(ii) General education revenue for a pupil in a state-approved alternative program
without an independent study component must be prorated for a pupil participating for less
than a full year, or its equivalent. The district must develop a continual learning plan for
the pupil, consistent with section 124D.128, subdivision 3. Each school district that has an
area learning center or alternative learning program must reserve revenue in an amount
equal to at least 90 percent of the district average general education revenue per pupil unit,
minus an amount equal to the product of the formula allowance according to section
126C.10, subdivision 2, times .0485, calculated without basic skills and transportation
sparsity revenue, times the number of pupil units generated by students attending an
area learning center or alternative learning program. The amount of reserved revenue
available under this subdivision may only be spent for program costs associated with
the area learning center or alternative learning program. Basic skills revenue generated
according to section 126C.10, subdivision 4, by pupils attending the eligible program
must be allocated to the program.

(iii) General education revenue for a pupil in a state-approved alternative program
that has an independent study component must be paid for each hour of teacher contact
time and each hour of independent study time completed toward a credit or graduation
standards necessary for graduation. Average daily membership for a pupil shall equal the
number of hours of teacher contact time and independent study time divided by 1,020.

(iv) For a state-approved alternative program having an independent study
component, the commissioner shall require a description of the courses in the program, the
kinds of independent study involved, the expected learning outcomes of the courses, and
the means of measuring student performance against the expected outcomes.

Sec. 18.

Minnesota Statutes 2010, section 126C.12, subdivision 1, is amended to read:

Subdivision 1.

Revenue.

Of a district's general education revenue for fiscal year
deleted text begin 2000 deleted text end new text begin 2013 new text end and thereafter each school district shall reserve an amount equal to the formula
allowance multiplied by the following calculation:

(1) the sum of adjusted marginal cost pupils in average daily membership, according
to section 126C.05, subdivision 5, in kindergarten times deleted text begin .057 deleted text end new text begin .115 new text end ; plus

(2) the sum of adjusted marginal cost pupils in average daily membership, according
to section 126C.05, subdivision 5, in grades 1 to 3 times .115; plus

(3) the sum of adjusted marginal cost pupils in average daily membership, according
to section 126C.05, subdivision 5, in grades 4 to 6 times .06.

Sec. 19.

Minnesota Statutes 2010, section 126C.12, subdivision 5, is amended to read:

Subd. 5.

Additional revenue use.

If the board of a district determines that the
district has achieved and is maintaining the class sizes specified in subdivision 4, the board
may use the revenue to reduce class size in grades 4, 5, and 6, deleted text begin provide all-day, everyday
kindergarten, deleted text end prepare and use individualized learning plans, improve program offerings,
purchase instructional material, services, or technology, or provide staff development
needed for reduced class sizes.

Sec. 20.

Minnesota Statutes 2011 Supplement, section 126C.126, is amended to read:

126C.126 REALLOCATING GENERAL EDUCATION REVENUE FOR
deleted text begin ALL-DAY deleted text end KINDERGARTEN AND PREKINDERGARTEN.

(a) In order to provide additional revenue for deleted text begin an optional all-day deleted text end new text begin a new text end kindergarten
program, a district may reallocate general education revenue attributable to 12th grade
students who have graduated early under section 120B.07 and who do not participate in
the early graduation achievement scholarship program under section 120B.08 or the early
graduation military service award program under section 120B.09.

(b) A school district may spend general education revenue on extended time
kindergarten and prekindergarten programs.

Sec. 21.

Minnesota Statutes 2010, section 145A.17, subdivision 1, is amended to read:

Subdivision 1.

Establishment; goals.

The commissioner shall establish a program
to fund family home visiting programs designed to foster healthy beginnings, improve
pregnancy outcomes, promote school readiness new text begin consistent with sections 120B.361
and 121A.17, subdivisions 3 and 5 new text end , prevent child abuse and neglect, reduce juvenile
delinquency, promote positive parenting and resiliency in children, and promote family
health and economic self-sufficiency for children and families. The commissioner shall
promote partnerships, collaboration, and multidisciplinary visiting done by teams of
professionals and paraprofessionals from the fields of public health nursing, social work,
and early childhood education. A program funded under this section must serve families
at or below 200 percent of the federal poverty guidelines, and other families determined
to be at risk, including but not limited to being at risk for child abuse, child neglect, or
juvenile delinquency. Programs must begin prenatally whenever possible and must be
targeted to families with:

(1) adolescent parents;

(2) a history of alcohol or other drug abuse;

(3) a history of child abuse, domestic abuse, or other types of violence;

(4) a history of domestic abuse, rape, or other forms of victimization;

(5) reduced cognitive functioning;

(6) a lack of knowledge of child growth and development stages;

(7) low resiliency to adversities and environmental stresses;

(8) insufficient financial resources to meet family needs;

(9) a history of homelessness;

(10) a risk of long-term welfare dependence or family instability due to employment
barriers; or

(11) other risk factors as determined by the commissioner.

Sec. 22. new text begin STATEWIDE SURVEY OF EARLY LEARNING SERVICES; ACCESS
TO SERVICES.
new text end

new text begin The Department of Education must conduct a survey of all Minnesota school
districts to identify the early learning services that are available in each district and the
extent of the need for additional services for young children birth to age five in that district
based on data assessing young children's ability to learn under Minnesota Statutes, section
121A.17, subdivisions 3 and 5, and other related data and, not withstanding other law to
the contrary, coordinate available early learning services and related services for young
children among schools, school districts, and local and state government agencies to
maximize children's access to such services.
new text end

Sec. 23. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 121A.0695, new text end new text begin is repealed.
new text end

Sec. 24. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 10, 14, 21, and 22 are effective for the 2012-2013 school year and later.
Sections 11 to 13 and 15 to 20 are effective for revenue for fiscal years 2013 and later.
new text end