HF 3062

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2014 02:52pm

A bill for an act
relating to education; recognizing the native and English language development
and academic needs of English learners, from young children to adults;
amending Minnesota Statutes 2012, sections 119A.50, subdivision 3; 120B.12;
122A.06, subdivision 4; 122A.14, subdivisions 2, 3; 122A.18, subdivisions
2a, 4; 122A.19; 122A.413, subdivision 2; 122A.414, subdivision 2; 122A.60,
subdivisions 1a, 2, 3; 122A.68, subdivision 3; 122A.74; 123A.06, subdivision
2; 123B.04, subdivision 4; 123B.147, subdivision 3; 124D.13, subdivision
2; 124D.15, subdivision 3; 124D.49, subdivision 3; 124D.52, as amended;
124D.522; 124D.59, subdivision 2; 124D.895; 124D.8955; Minnesota Statutes
2013 Supplement, sections 120B.11; 120B.115; 120B.125; 120B.35, subdivision
3; 120B.36, subdivision 1; 122A.09, subdivision 4; 122A.18, subdivision 2;
122A.40, subdivision 8; 122A.41, subdivision 5; 127A.70, subdivision 2;
repealing Minnesota Statutes 2012, section 122A.19, subdivision 3.

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

Section 1.

Minnesota Statutes 2012, section 119A.50, subdivision 3, is amended to read:

Subd. 3.

Early childhood literacy programs.

(a) A research-based early childhood
literacy program premised on actively involved parents, ongoing professional staff
development, and high quality early literacy program standards is established to increase
the literacy skills of children participating in Head Start to prepare them to be successful
readers and to increase families' participation in providing early literacy experiences to
their children. Program providers must:

(1) work to prepare children to be successful learners;

(2) work to close the achievement gap for at-risk children;

(3) use deleted text begin an deleted text end new text begin a culturally relevant new text end integrated approach to early literacy that daily offers
a literacy-rich classroom learning environment composed of books, writing materials,
writing centers, labels, rhyming, and other related literacy materials and opportunities;

(4) support children's home language while helping the children master English and
use multiple literacy strategies to provide a cultural bridge between home and school;

(5) use literacy mentors, ongoing literacy groups, and other teachers and staff to
provide appropriate, extensive professional development opportunities in early literacy
and classroom strategies for preschool teachers and other preschool staff;

(6) use ongoing data-based assessments that enable preschool teachers to understand,
plan, and implement literacy strategies, activities, and curriculum that meet children's
literacy needs and continuously improve children's literacy; deleted text begin and
deleted text end

(7) foster participation by parents, community stakeholders, literacy advisors, and
evaluation specialists new text begin ; and
new text end

new text begin (8) provide parents of English learners with oral and written information to monitor
the program's impact on their children's English language development, to know whether
their children are progressing in developing their English proficiency and, where
practicable, their native language proficiency, and to actively engage with their children in
developing their English and native language proficiency new text end .

Program providers are encouraged to collaborate with qualified, community-based
early childhood providers in implementing this program and to seek nonstate funds to
supplement the program.

(b) Program providers under paragraph (a) interested in extending literacy programs
to children in kindergarten through grade 3 may elect to form a partnership with an
eligible organization under section 124D.38, subdivision 2, or 124D.42, subdivision 6,
clause (3), schools enrolling children in kindergarten through grade 3, and other interested
and qualified community-based entities to provide ongoing literacy programs that offer
seamless literacy instruction focused on closing the literacy achievement gap. To close the
literacy achievement gap by the end of third grade, partnership members must agree to use
best efforts and practices and to work collaboratively to implement a seamless literacy
model from age three to grade 3, consistent with paragraph (a). Literacy programs under
this paragraph must collect and use literacy data to:

(1) evaluate children's literacy skills; deleted text begin and
deleted text end

(2) new text begin monitor the progress and provide reading instruction appropriate to the specific
needs of English learners; and
new text end

new text begin (3) new text end formulate specific intervention strategies to provide reading instruction to
children premised on the outcomes of formative and summative assessments and
research-based indicators of literacy development.

The literacy programs under this paragraph also must train teachers and other
providers working with children to use the assessment outcomes under clause (2) to
develop and use effective, long-term literacy coaching models that are specific to the
program providers.

Sec. 2.

Minnesota Statutes 2013 Supplement, section 120B.11, is amended to read:

120B.11 SCHOOL DISTRICT PROCESS FOR REVIEWING CURRICULUM,
INSTRUCTION, AND STUDENT ACHIEVEMENT; STRIVING FOR THE
WORLD'S BEST WORKFORCE.

Subdivision 1.

Definitions.

For the purposes of this section and section 120B.10,
the following terms have the meanings given them.

(a) "Instruction" means methods of providing learning experiences that enable deleted text begin a
student deleted text end new text begin students new text end to meet state and district academic standards and graduation requirements new text begin ,
including providing English learners with appropriate, full, and effective access to regular
classroom instruction in core curriculum new text end .

(b) "Curriculum" means district or school adopted programs and written plans for
providing students with learning experiences that lead to expected knowledge and skills
and career and college readiness.

(c) "World's best workforce" means striving to: meet school readiness goals; have
all third grade students achieve grade-level literacy; close the academic achievement gap
among all racial and ethnic groups of students and between students living in poverty and
students not living in poverty; new text begin ensure all English learners have the appropriate English
learner instruction and content area support to achieve academic language proficiency,
including oral academic language proficiency, in English and are taught the same state
and local academic standards as native English-speaking students; new text end have all students attain
career and college readiness before graduating from high school; and have all students
graduate from high school.

new text begin (d) "Cultural competence," "cultural competency," or "culturally competent"
means the ability and will to interact effectively with people of different cultures, native
languages, and socioeconomic backgrounds.
new text end

Subd. 1a.

Performance measures.

new text begin (a) new text end Measures to determine school district and
school site progress in striving to create the world's best workforce must include at least:

(1) student performance on the National deleted text begin Association deleted text end new text begin Assessment new text end of Education
Progress;

(2) the size of the academic achievement gap new text begin and rigorous course taking and
enrichment experiences new text end by student subgroup;

(3) student performance on the Minnesota Comprehensive Assessments;

(4) high school graduation rates; deleted text begin and
deleted text end

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

new text begin (6) the English language development and academic progress, including the oral
academic development, of English learners and their native language development if the
native language is used as a language of instruction new text end .

new text begin (b) When administering formative or summative assessments used to measure
the academic progress, including the oral academic development, of English learners
and inform their instruction, schools must ensure that the assessments are accessible to
the students and students have the modifications and supports they need to sufficiently
understand the assessments.
new text end

Subd. 2.

Adopting plans and budgets.

A school board, at a public meeting, shall
adopt a comprehensive, long-term strategic plan to support and improve teaching and
learning that is aligned with creating the world's best workforce and includes:

(1) clearly defined district and school site goals and benchmarks for instruction and
student achievement for all student subgroups identified in section 120B.35, subdivision 3,
paragraph (b), clause (2);

(2) a process for assessing and evaluating each student's progress toward meeting state
and local academic standards and identifying the strengths and weaknesses of instruction
in pursuit of student and school success and curriculum affecting students' progress and
growth toward career and college readiness and leading to the world's best workforce;

(3) a system to periodically review and evaluate the effectiveness of all instruction
and curriculum, taking into account strategies and best practices, student outcomes, school
principal evaluations under section 123B.147, subdivision 3, and teacher evaluations
under section 122A.40, subdivision 8, or 122A.41, subdivision 5;

(4) strategies for improving instruction, curriculum, and student achievement new text begin ,
including the English and, where practicable, the native language development and the
academic achievement of English learners new text end ;

(5) education effectiveness practices that integrate high-quality instruction, rigorous
curriculum, technology, and a collaborative professional culture that develops and
supports teacher quality, performance, and effectiveness; and

(6) an annual budget for continuing to implement the district plan.

Subd. 3.

District advisory committee.

Each school board shall establish an
advisory committee to ensure active community participation in all phases of planning and
improving the instruction and curriculum affecting state and district academic standards,
consistent with subdivision 2. A district advisory committee, to the extent possible, shall
reflect the diversity of the district and its school sites, deleted text begin and shall deleted text end include teachers, parents,
support staff, students, and other community residents new text begin , and provide translation to the extent
appropriate and practicable new text end . new text begin The district advisory committee shall pursue community
support to accelerate the academic and native literacy and achievement of English learners
with varied needs, from young children to adults. new text end The district may establish site teams
as subcommittees of the district advisory committee under subdivision 4. The district
advisory committee shall recommend to the school board rigorous academic standards,
student achievement goals and measures consistent with subdivision 1a and sections
120B.022, subdivision 1, paragraphs (b) and (c), and 120B.35, district assessments, and
program evaluations. School sites may expand upon district evaluations of instruction,
curriculum, assessments, or programs. Whenever possible, parents and other community
residents shall comprise at least two-thirds of advisory committee members.

Subd. 4.

Site team.

A school may establish a site team to develop and implement
strategies and education effectiveness practices to improve instruction, curriculum,
new text begin cultural competencies, including cultural awareness and cross-cultural communication,
new text end and student achievement at the school site, consistent with subdivision 2. The team advises
the board and the advisory committee about developing the annual budget and revising an
instruction and curriculum improvement plan that aligns curriculum, assessment of student
progress, and growth in meeting state and district academic standards and instruction.

Subd. 5.

Report.

Consistent with requirements for school performance reports
under section 120B.36, subdivision 1, the school board shall publish a report in the local
newspaper with the largest circulation in the district, by mail, or by electronic means on
the district Web site. The school board shall hold an annual public meeting to review,
and revise where appropriate, student achievement goals, local assessment outcomes,
plans, strategies, and practices for improving curriculum and instruction new text begin and cultural
responsiveness, including cultural awareness and cross-cultural communication new text end , and to
review district success in realizing the previously adopted student achievement goals and
related benchmarks and the improvement plans leading to the world's best workforce. The
school board must transmit an electronic summary of its report to the commissioner in the
form and manner the commissioner determines.

Subd. 7.

Periodic report.

Each school district shall periodically survey affected
constituencies new text begin , in their native languages where appropriate, new text end about their connection to and
level of satisfaction with school. The district shall include the results of this evaluation in
the summary report required under subdivision 5.

Subd. 9.

Annual evaluation.

(a) The commissioner must identify effective
strategies, practices, and use of resources by districts and school sites in striving for the
world's best workforce. The commissioner must assist districts and sites throughout the
state in implementing these effective strategies, practices, and use of resources.

(b) The commissioner must identify those districts in any consecutive three-year
period not making sufficient progress toward improving teaching and learning new text begin for all
students, including English learners with varied needs, new text end and striving for the world's best
workforce. The commissioner, in collaboration with the identified district, may require
the district to use up to two percent of its basic general education revenue per fiscal year
during the proximate three school years to implement commissioner-specified strategies
and practices, consistent with paragraph (a), to improve and accelerate its progress in
realizing its goals under this section. In implementing this section, the commissioner must
consider districts' budget constraints and legal obligations.

Sec. 3.

Minnesota Statutes 2013 Supplement, section 120B.115, is amended to read:

120B.115 REGIONAL CENTERS OF EXCELLENCE.

(a) Regional centers of excellence are established to assist and support school
boards, school districts, school sites, and charter schools in implementing research-based
interventions and practices to increase the students' achievement within a region.
The centers must develop partnerships with local and regional service cooperatives,
postsecondary institutions, integrated school districts, the department, children's mental
health providers, or other local or regional entities interested in providing a cohesive
and consistent regional delivery system that serves all schools equitably. Centers must
assist school districts, school sites, and charter schools in developing similar partnerships.
Center support may include assisting school districts, school sites, and charter schools
with common principles of effective practice, including:

(1) defining measurable education goals under section 120B.11, subdivision 2;

(2) implementing evidence-based practices;

(3) engaging in data-driven decision-making;

(4) providing multilayered levels of support;

(5) supporting culturally responsive teaching and learning aligning new text begin the development
of academic English proficiency, new text end state and local academic standards new text begin , new text end and career and
college readiness benchmarks; deleted text begin and
deleted text end

(6) engaging parents, families, youth, and local community members in programs
and activities at the school district, school site, or charter school new text begin that foster collaboration
and shared accountability for the achievement of all students; and
new text end

new text begin (7) translating district forms and other information such as a multilingual glossary of
commonly used education terms and phrases new text end .

Centers must work with school site leadership teams to build deleted text begin capacity deleted text end new text begin the expertise and
experience new text end to implement programs that close the achievement gap, new text begin provide effective and
differentiated programs and instruction for different types of English learners, including
English learners with limited or interrupted formal schooling and long-term English
learners, new text end increase students' progress and growth toward career and college readiness, and
increase student graduation rates.

(b) The department must assist the regional centers of excellence to meet staff,
facilities, and technical needs, provide the centers with programmatic support, and work
with the centers to establish a coherent statewide system of regional support, including
consulting, training, and technical support, to help school boards, school districts, school
sites, and charter schools effectively and efficiently implement the world's best workforce
goals under section 120B.11 and other state and federal education initiatives.

Sec. 4.

Minnesota Statutes 2012, section 120B.12, is amended to read:

120B.12 READING PROFICIENTLY NO LATER THAN THE END OF
GRADE 3.

Subdivision 1.

Literacy goal.

The legislature seeks to have every child reading at or
above grade level no later than the end of grade 3 new text begin , including English learners, new text end and that
teachers provide comprehensive, scientifically based reading instruction consistent with
section 122A.06, subdivision 4.

Subd. 2.

Identification; report.

For the 2011-2012 school year and later, each
school district shall identify before the end of kindergarten, grade 1, and grade 2 students
who are not reading at grade level before the end of the current school year. Reading
assessments new text begin in English, and in the predominant languages of district students where
practicable, new text end must identify and evaluate students' areas of academic need related to literacy.
new text begin The district also must monitor the progress and provide reading instruction appropriate
to the specific needs of English learners. new text end The district must use a locally adopted new text begin ,
developmentally appropriate, and culturally responsive new text end assessment and annually report
summary assessment results to the commissioner by July 1.

Subd. 2a.

Parent notification and involvement.

Schools, at least annually,
must give the parent of each student who is not reading at or above grade level timely
information about:

(1) student's reading proficiency as measured by a locally adopted assessment;

(2) reading-related services currently being provided to the student; and

(3) strategies for parents to use new text begin at home new text end in helping their student succeed in becoming
grade-level proficient in reading new text begin in English and in their native language new text end .

Subd. 3.

Intervention.

For each student identified under subdivision 2, the district
shall provide reading intervention to accelerate student growth deleted text begin in order to deleted text end new text begin and new text end reach the
goal of reading at or above grade level by the end of the current grade and school year.
District intervention methods shall encourage deleted text begin parental involvement deleted text end new text begin family engagement
new text end and, where possible, collaboration with appropriate school and community programs.
Intervention methods may include, but are not limited to, requiring attendance in summer
school, intensified reading instruction that may require that the student be removed from
the regular classroom for part of the school day deleted text begin or deleted text end new text begin , new text end extended-day programs new text begin , or programs
that strengthen students' cultural connections new text end .

Subd. 4.

Staff development.

Each district shall use the data under subdivision 2 to
identify the staff development needs so that:

(1) elementary teachers are able to implement comprehensive, scientifically based
reading new text begin and oral language new text end instruction in the five reading areas of phonemic awareness,
phonics, fluency, vocabulary, and comprehension as defined in section 122A.06,
subdivision 4, new text begin and other literacy-related areas including writing new text end until the student achieves
grade-level reading proficiency;

(2) elementary teachers have sufficient training to provide comprehensive,
deleted text begin scientifically based deleted text end new text begin scientifically-based new text end reading new text begin and oral language new text end instruction new text begin that meets
students' developmental, linguistic, and literacy needs new text end using the intervention methods or
programs selected by the district for the identified students;

(3) licensed teachers employed by the district have regular opportunities to improve
reading new text begin and writing new text end instruction; deleted text begin and
deleted text end

(4) licensed teachers recognize students' diverse needs in cross-cultural settings
and are able to serve the oral language and linguistic needs of students who are English
learners new text begin by maximizing strengths in their native languages in order to cultivate students'
English language development, including oral academic language development, and
build academic literacy; and
new text end

new text begin (5) licensed teachers are well trained in culturally responsive pedagogy that enables
students to master content, develop skills to access content, and build relationships new text end .

Subd. 4a.

Local literacy plan.

Consistent with this section, a school district must
adopt a local literacy plan to have every child reading at or above grade level no later than
the end of grade 3 new text begin , including English learners new text end . The plan must include a process to assess
students' level of reading proficiency, notify and involve parents, intervene with students
who are not reading at or above grade level, and identify and meet staff development
needs. The district must post its literacy plan on the official school district Web site.

Subd. 5.

Commissioner.

The commissioner shall recommend to districts multiple
assessment tools to assist districts and teachers with identifying students under subdivision
2. The commissioner shall also make available examples of nationally recognized and
research-based instructional methods or programs to districts to provide comprehensive,
scientifically based reading instruction and intervention under this section.

Sec. 5.

Minnesota Statutes 2013 Supplement, section 120B.125, is amended to read:

120B.125 PLANNING FOR STUDENTS' SUCCESSFUL TRANSITION
TO POSTSECONDARY EDUCATION AND EMPLOYMENT; INVOLUNTARY
CAREER TRACKING PROHIBITED.

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

(1) provide a comprehensive academic plan for completing a college and
career-ready curriculum premised on meeting state and local academic standards
and developing 21st century skills such as team work, collaboration, new text begin creativity,
communication, critical thinking, new text end and good work habits;

(2) emphasize academic rigor and high expectations;

(3) help students identify personal learning styles that may affect their postsecondary
education and employment choices;

(4) help students gain access to postsecondary education and career options;

(5) integrate strong academic content into career-focused courses and integrate
relevant career-focused courses into strong academic content;

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

(7) help students and families identify collaborative partnerships of deleted text begin kindergarten
deleted text end new text begin prekindergarten new text end through grade 12 schools, postsecondary institutions, economic
development agencies, and employers that support students' transition to postsecondary
education and employment and provide students with experiential learning opportunities;
and

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

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

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

Sec. 6.

Minnesota Statutes 2013 Supplement, section 120B.35, subdivision 3, is
amended to read:

Subd. 3.

State growth target; other state measures.

(a) The state's educational
assessment system measuring individual students' educational growth is based on
indicators of achievement growth that show an individual student's prior achievement.
Indicators of achievement and prior achievement must be based on highly reliable
statewide or districtwide assessments.

(b) The commissioner, in consultation with a stakeholder group that includes
assessment and evaluation directors deleted text begin and deleted text end new text begin , district new text end staff new text begin , experts in culturally responsive
teaching, new text end and researchers new text begin , new text end must implement a model that uses a value-added growth
indicator and includes criteria for identifying schools and school districts that demonstrate
medium and high growth under section 120B.299, subdivisions 8 and 9, and may
recommend other value-added measures under section 120B.299, subdivision 3. The model
may be used to advance educators' professional development and replicate programs that
succeed in meeting students' diverse learning needs. Data on individual teachers generated
under the model are personnel data under section 13.43. The model must allow users to:

(1) report student growth consistent with this paragraph; and

(2) for all student categories, report and compare aggregated and disaggregated state
growth data using the nine student categories identified under the federal 2001 No Child
Left Behind Act and two student gender categories of male and female, respectively,
following appropriate reporting practices to protect nonpublic student data.

The commissioner must report measures of student growth, consistent with this
paragraph.

(c) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures indicating
the extent to which current high school graduates are being prepared for postsecondary
academic and career opportunities:

(1) a preparation measure indicating the number and percentage of high school
graduates in the most recent school year who completed course work important to
preparing them for postsecondary academic and career opportunities, consistent with
the core academic subjects required for admission to Minnesota's public colleges and
universities as determined by the Office of Higher Education under chapter 136A; and

(2) a rigorous coursework measure indicating the number and percentage of high
school graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options including concurrent enrollment, other rigorous courses of study under section
120B.021, subdivision 1a, or industry certification courses or programs.

When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the nine student categories
identified under the federal 2001 No Child Left Behind Act and two student gender
categories of male and female, respectively, following appropriate reporting practices to
protect nonpublic student data.

(d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, must report summary data on school
safety and students' engagement and connection at school. The summary data under this
paragraph are separate from and must not be used for any purpose related to measuring
or evaluating the performance of classroom teachers. The commissioner, in consultation
with qualified experts on student engagement and connection and classroom teachers,
must identify highly reliable variables that generate summary data under this paragraph.
The summary data may be used at school, district, and state levels only. Any data on
individuals received, collected, or created that are used to generate the summary data
under this paragraph are nonpublic data under section 13.02, subdivision 9.

(e) For purposes of statewide educational accountability, the commissioner must
identify and report measures that demonstrate the success of learning year program
providers under sections 123A.05 and 124D.68, among other such providers, in improving
students' graduation outcomes. The commissioner, beginning July 1, 2015, must annually
report summary data on:

(1) the four- and six-year graduation rates of students under this paragraph;

(2) the percent of students under this paragraph whose progress and performance
levels are meeting career and college readiness benchmarks under section 120B.30,
subdivision 1; and

(3) the success that learning year program providers experience in:

(i) identifying at-risk and off-track student populations by grade;

(ii) providing successful prevention and intervention strategies for at-risk students;

(iii) providing successful recuperative and recovery or reenrollment strategies for
off-track students; and

(iv) improving the graduation outcomes of at-risk and off-track students.

The commissioner may include in the annual report summary data on other education
providers serving a majority of students eligible to participate in a learning year program.

new text begin (f) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of English
learners, must identify and report appropriate and effective measures to improve current
categories of language difficulty and assessments, monitor and report data on students'
English proficiency levels, program placement, and academic language development,
including oral academic language.
new text end

Sec. 7.

Minnesota Statutes 2013 Supplement, section 120B.36, subdivision 1, is
amended to read:

Subdivision 1.

School performance reports.

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

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

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

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

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

Sec. 8.

Minnesota Statutes 2012, section 122A.06, subdivision 4, is amended to read:

Subd. 4.

Comprehensive, scientifically based reading instruction.

(a)
"Comprehensive, scientifically based reading instruction" includes a program or collection
of instructional practices that is based on valid, replicable evidence showing that when
these programs or practices are used, students can be expected to achieve, at a minimum,
satisfactory reading progress. The program or collection of practices must include, at a
minimum, effective, balanced instruction in all five areas of reading: phonemic awareness,
phonics, fluency, vocabulary development, and reading comprehension.

Comprehensive, scientifically based reading instruction also includes and integrates
instructional strategies for continuously assessing, evaluating, and communicating
the student's reading progress and needs in order to design and implement ongoing
interventions so that students of all ages and proficiency levels can read and comprehend
text new text begin , write, new text end and apply higher level thinking skills. new text begin For English learners developing literacy
skills, districts are encouraged to use strategies that teach reading and writing in the
students' native language and English at the same time.
new text end

(b) "Fluency" is the ability of students to read text with speed, accuracy, and proper
expression.

(c) "Phonemic awareness" is the ability of students to notice, think about, and
manipulate individual sounds in spoken syllables and words.

(d) "Phonics" is the understanding that there are systematic and predictable
relationships between written letters and spoken words. Phonics instruction is a way
of teaching reading that stresses learning how letters correspond to sounds and how to
apply this knowledge in reading and spelling.

(e) "Reading comprehension" is an active process that requires intentional thinking
during which meaning is constructed through interactions between text and reader.
Comprehension skills are taught explicitly by demonstrating, explaining, modeling, and
implementing specific cognitive strategies to help beginning readers derive meaning
through intentional, problem-solving thinking processes.

(f) "Vocabulary development" is the process of teaching vocabulary both directly
and indirectly, with repetition and multiple exposures to vocabulary items. Learning in
rich contexts, incidental learning, and use of computer technology enhance the acquiring
of vocabulary.

(g) Nothing in this subdivision limits the authority of a school district to select a
school's reading program or curriculum.

Sec. 9.

Minnesota Statutes 2013 Supplement, section 122A.09, subdivision 4, is
amended to read:

Subd. 4.

License and rules.

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

(b) The board must adopt rules requiring a person to pass a skills examination in
reading, writing, and mathematics as a requirement for initial teacher licensure, except
that the board may issue up to two additional temporary, one-year teaching licenses to an
otherwise qualified candidate who has not yet passed the skills exam. Such rules must
require college and universities offering a board-approved teacher preparation program to
provide remedial assistance to persons who did not achieve a qualifying score on the skills
examination, including those for whom English is a second language.

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

(d) The board must provide the leadership and adopt rules for the redesign of teacher
education programs to implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective. The board shall implement new
systems of teacher preparation program evaluation to assure program effectiveness based
on proficiency of graduates in demonstrating attainment of program outcomes. Teacher
preparation programs including alternative teacher preparation programs under section
122A.245, among other programs, must include a content-specific, board-approved,
performance-based assessment that measures teacher candidates in three areas: planning
for instruction and assessment; engaging students and supporting learning; and assessing
student learning.

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

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
individuals entering a teacher preparation program after that date.
new text end

Sec. 10.

Minnesota Statutes 2012, section 122A.14, subdivision 2, is amended to read:

Subd. 2.

Preparation programs.

The board shall review and approve or
disapprove preparation programs for school administrators and alternative preparation
programs for administrators under section 122A.27, and must consider other alternative
competency-based preparation programs leading to licensure. new text begin Among other requirements,
preparation programs must include instruction on meeting the varied needs of English
learners, from young children to adults, in English and, where practicable, in students'
native language.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
individuals entering a school administrator preparation program after that date.
new text end

Sec. 11.

Minnesota Statutes 2012, section 122A.14, subdivision 3, is amended to read:

Subd. 3.

Rules for continuing education requirements.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to school
administrators renewing an administrator's license after that date.
new text end

Sec. 12.

Minnesota Statutes 2013 Supplement, section 122A.18, subdivision 2, is
amended to read:

Subd. 2.

Teacher and support personnel qualifications.

(a) The Board of
Teaching must issue licenses under its jurisdiction to persons the board finds to be
qualified and competent for their respective positions.

(b) The board must require a person to pass an examination of skills in reading,
writing, and mathematics before being granted an initial teaching license to provide direct
instruction to pupils in prekindergarten, elementary, secondary, or special education
programs, except that the board may issue up to two additional temporary, one-year
teaching licenses to an otherwise qualified candidate who has not yet passed the skills
exam. The board must require colleges and universities offering a board approved teacher
preparation program to make available upon request remedial assistance that includes a
formal diagnostic component to persons enrolled in their institution who did not achieve a
qualifying score on the skills examination, including those for whom English is a second
language. The colleges and universities must make available assistance in the specific
academic areas of deficiency in which the person did not achieve a qualifying score.
School districts may make available upon request similar, appropriate, and timely remedial
assistance that includes a formal diagnostic component to those persons employed by the
district who completed their teacher education program, who did not achieve a qualifying
score on the skills examination, including those persons for whom English is a second
language and persons under section 122A.23, subdivision 2, paragraph (h), who completed
their teacher's education program outside the state of Minnesota, and who received a
temporary license to teach in Minnesota. The Board of Teaching shall report annually
to the education committees of the legislature on the total number of teacher candidates
during the most recent school year taking the skills examination, the number who achieve
a qualifying score on the examination, the number who do not achieve a qualifying score
on the examination, the distribution of all candidates' scores, the number of candidates
who have taken the examination at least once before, and the number of candidates who
have taken the examination at least once before and achieve a qualifying score.

(c) The Board of Teaching must grant continuing licenses only to those persons who
have met board criteria for granting a continuing license, which includes passing the
skills examination in reading, writing, and mathematics consistent with paragraph (b) and
section 122A.09, subdivision 4, paragraph (b).

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
individuals entering a teacher preparation program after that date.
new text end

Sec. 13.

Minnesota Statutes 2012, section 122A.18, subdivision 2a, is amended to read:

Subd. 2a.

Reading strategies.

(a) All colleges and universities approved by the
Board of Teaching to prepare persons for classroom teacher licensure must include in
their teacher preparation programs research-based best practices in reading, consistent
with section 122A.06, subdivision 4, that enable the licensure candidate to know how to
teach reading in the candidate's content areas. new text begin Teacher candidates must be instructed
in using students' native languages as a resource in creating effective differentiated
instructional strategies for English learners developing literacy skills. new text end These colleges and
universities also must prepare candidates for initial licenses to teach prekindergarten or
elementary students for the assessment of reading instruction portion of the examination
of licensure-specific teaching skills under section 122A.09, subdivision 4, paragraph (e).

(b) Board-approved teacher preparation programs for teachers of elementary
education must require instruction in the application of comprehensive, scientifically
based, and balanced reading instruction programs that:

(1) teach students to read using foundational knowledge, practices, and strategies
consistent with section 122A.06, subdivision 4, so that all students will achieve continuous
progress in reading; and

(2) teach specialized instruction in reading strategies, interventions, and remediations
that enable students of all ages and proficiency levels to become proficient readers.

(c) Nothing in this section limits the authority of a school district to select a school's
reading program or curriculum.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
individuals entering a teacher preparation program after that date.
new text end

Sec. 14.

Minnesota Statutes 2012, section 122A.18, subdivision 4, is amended to read:

Subd. 4.

Expiration and renewal.

(a) Each license the Department of Education
issues through its licensing section must bear the date of issue. Licenses must expire
and be renewed according to the respective rules the Board of Teaching, the Board
of School Administrators, or the commissioner of education adopts. Requirements for
renewing a license must include showing satisfactory evidence of successful teaching or
administrative experience for at least one school year during the period covered by the
license in grades or subjects for which the license is valid or completing such additional
preparation as the Board of Teaching prescribes. The Board of School Administrators
shall establish requirements for renewing the licenses of supervisory personnel except
athletic coaches. The State Board of Teaching shall establish requirements for renewing
the licenses of athletic coaches.

(b) Relicensure applicants who have been employed as a teacher during the renewal
period of their expiring license, as a condition of relicensure, must present to their local
continuing education and relicensure committee or other local relicensure committee
evidence of work that demonstrates professional reflection and growth in best teaching
practices new text begin , including among other things, practices in meeting the varied needs of English
learners, from young children to adults new text end . The applicant must include a reflective statement
of professional accomplishment and the applicant's own assessment of professional
growth showing evidence of:

(1) support for student learning;

(2) use of best practices techniques and their applications to student learning;

(3) collaborative work with colleagues that includes examples of collegiality such as
attested-to committee work, collaborative staff development programs, and professional
learning community work; or

(4) continual professional development that may include (i) job-embedded or other
ongoing formal professional learning or (ii) for teachers employed for only part of the
renewal period of their expiring license, other similar professional development efforts
made during the relicensure period.

The Board of Teaching must ensure that its teacher relicensing requirements also include
this paragraph.

(c) The Board of Teaching shall offer alternative continuing relicensure options for
teachers who are accepted into and complete the National Board for Professional Teaching
Standards certification process, and offer additional continuing relicensure options for
teachers who earn National Board for Professional Teaching Standards certification.
Continuing relicensure requirements for teachers who do not maintain National Board for
Professional Teaching Standards certification are those the board prescribes, consistent
with this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
licensed teachers renewing a teaching license after that date.
new text end

Sec. 15.

Minnesota Statutes 2012, section 122A.19, is amended to read:

122A.19 BILINGUAL AND ENGLISH AS A SECOND LANGUAGE
TEACHERS; LICENSES.

Subdivision 1.

Bilingual and English as a second language licenses.

The Board of
Teaching, hereinafter the board, must grant teaching licenses in bilingual education and
English as a second language to persons who present satisfactory evidence that they:

(a) Possess competence and communicative skills in English and in another language;

(b) Possess a bachelor's degree or other academic degree approved by the board,
and meet such requirements as to course of study and training as the board may prescribe new text begin ,
consistent with subdivision 4 new text end .

Subd. 2.

Persons holding general teaching licenses.

new text begin The board may license new text end a
person deleted text begin holding deleted text end new text begin who holds new text end a general teaching license new text begin and new text end who presents the board with
satisfactory evidence of competence and communicative skills in a language other than
English deleted text begin may be licensed deleted text end under this section.

deleted text begin Subd. 3. deleted text end

deleted text begin Employment of teachers. deleted text end

deleted text begin Teachers employed in a bilingual education
or English as a second language program established pursuant to sections 124D.58 to
124D.64 shall not be employed to replace any presently employed teacher who otherwise
would not be replaced.
deleted text end

Subd. 4.

Teacher preparation programs.

For the purpose of licensing bilingual
and English as a second language teachers, the board may approve programs at colleges
or universities designed for their training. new text begin These programs must provide instruction in
implementing research-based practices designed specifically for English learners. The
programs must focus on developing English learners' academic language proficiency in
English, including oral academic language, giving English learners meaningful access to
the full school curriculum, developing culturally relevant teaching practices appropriate
for immigrant students, and providing more intensive instruction and resources to English
learners with lower levels of academic English proficiency and varied needs.
new text end

Subd. 5.

Persons eligible for employment.

Any person licensed under this section
deleted text begin shall be deleted text end new text begin is new text end eligible for employment by a school board as a teacher in a bilingual education
or English as a second language program in which the language for which the person is
licensed is taught or used as a medium of instruction. A board may prescribe only those
additional qualifications for teachers licensed under this section deleted text begin as deleted text end new text begin that new text end are approved
by the board of teaching.

Subd. 6.

Affirmative efforts in hiring.

In hiring for all deleted text begin positions in deleted text end bilingual
education deleted text begin programs deleted text end new text begin program positions new text end , districts must give preference to and make
affirmative efforts to seek, recruit, and employ persons who new text begin (a) new text end are deleted text begin (a) deleted text end native speakers of
the language which is the medium of instruction in the bilingual education program new text begin or share
a native language with the majority of their students new text end , and (b) deleted text begin who deleted text end share the culture of the
English learners deleted text begin who are deleted text end enrolled in the program. The district shall provide procedures for
deleted text begin the involvement of deleted text end new text begin involving new text end the parent advisory committees in designing the procedures
for deleted text begin the recruitment deleted text end new text begin recruiting new text end , screening new text begin , new text end and deleted text begin selection of deleted text end new text begin selecting new text end applicants. This section
must not be construed to limit the school board's authority to hire and discharge personnel.

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1, 2, 5, and 6 are effective August 1, 2015.
Subdivision 3 is effective the day following final enactment. Subdivision 4 is effective
August 1, 2015, and applies to an individual entering a teacher preparation program after
that date.
new text end

Sec. 16.

Minnesota Statutes 2013 Supplement, section 122A.40, subdivision 8, is
amended to read:

Subd. 8.

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

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

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

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

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

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

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

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

(6) may include mentoring and induction programs;

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

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

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

(10) must require qualified and trained evaluators such as school administrators to
perform summative evaluations;

(11) must give teachers not meeting professional teaching standards under clauses
(3) through (10) support to improve through a teacher improvement process that includes
established goals and timelines; and

(12) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (11) that may include a last chance warning,
termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
other discipline a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data
under section 13.43.

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

Sec. 17.

Minnesota Statutes 2013 Supplement, section 122A.41, subdivision 5, is
amended to read:

Subd. 5.

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

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

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

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

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

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

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

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

(6) may include mentoring and induction programs;

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

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

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

(10) must require qualified and trained evaluators such as school administrators to
perform summative evaluations;

(11) must give teachers not meeting professional teaching standards under clauses
(3) through (10) support to improve through a teacher improvement process that includes
established goals and timelines; and

(12) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (11) that may include a last chance warning,
termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
other discipline a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data
under section 13.43.

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

Sec. 18.

Minnesota Statutes 2012, section 122A.413, subdivision 2, is amended to read:

Subd. 2.

Plan components.

The educational improvement plan must be approved
by the school board and have at least these elements:

(1) assessment and evaluation tools to measure student performance and progress new text begin ,
including the academic literacy, oral academic language, and achievement of English
learners, among other measures new text end ;

(2) performance goals and benchmarks for improvement;

(3) measures of student attendance and completion rates;

(4) a rigorous research and practice-based professional development system, based
on national and state standards of effective teaching practice new text begin applicable to all students
including English learners with varied needs, new text end and consistent with section 122A.60, that is
aligned with educational improvement and designed to achieve ongoing and schoolwide
progress and growth in teaching practice;

(5) measures of student, family, and community involvement and satisfaction;

(6) a data system about students and their academic progress that provides parents
and the public with understandable information;

(7) a teacher induction and mentoring program for probationary teachers that
provides continuous learning and sustained teacher support; and

(8) substantial participation by the exclusive representative of the teachers in
developing the plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to plans
approved after that date.
new text end

Sec. 19.

Minnesota Statutes 2012, section 122A.414, subdivision 2, is amended to read:

Subd. 2.

Alternative teacher professional pay system.

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

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

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

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

(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
paid before implementing the pay system from being reduced as a result of participating
in this system, and base at least 60 percent of any compensation increase on teacher
performance using:

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

(ii) measures of student achievement new text begin including the academic literacy, oral academic
language, and achievement of English learners, among other measures new text end ; and

(iii) an objective evaluation program that includes:

(A) individual teacher evaluations aligned with the educational improvement plan
under section 122A.413 and the staff development plan under section 122A.60; and

(B) objective evaluations using multiple criteria conducted by a locally selected and
periodically trained evaluation team that understands teaching and learning;

(4) provide integrated ongoing site-based professional development activities to
improve instructional skills and learning that are aligned with student needs under section
122A.413, consistent with the staff development plan under section 122A.60 and led
during the school day by trained teacher leaders such as master or mentor teachers;

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

(6) encourage collaboration rather than competition among teachers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
agreements approved after that date.
new text end

Sec. 20.

Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read:

Subd. 1a.

Effective staff development activities.

(a) Staff development activities
must:

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

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

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

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

(5) align with state and local academic standards;

(6) provide opportunities to build professional relationships, foster collaboration
among principals and staff who provide instruction, and provide opportunities for
teacher-to-teacher mentoring; deleted text begin and
deleted text end

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

new text begin (8) provide teachers of English learners, including English as a second language and
content teachers, with differentiated instructional strategies critical for ensuring students'
long-term academic success, the means to effectively use assessment data on the academic
literacy, oral academic language, and English language development of English learners,
and skills to support native and English language development across the curriculum 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. 21.

Minnesota Statutes 2012, section 122A.60, subdivision 2, is amended to read:

Subd. 2.

Contents of plan.

The plan must include the staff development outcomes
under subdivision 3, the means to achieve the outcomes, and procedures for evaluating
progress at each school site toward meeting education outcomes, consistent with
relicensure requirements under section 122A.18, subdivision 4. The plan also must:

(1) support stable and productive professional communities achieved through
ongoing and schoolwide progress and growth in teaching practice;

(2) emphasize coaching, professional learning communities, classroom action
research, and other job-embedded models;

(3) maintain a strong subject matter focus premised on students' learning goals;

(4) ensure specialized preparation and learning about issues related to teaching
English learners and students with special needs new text begin by focusing on long-term systemic efforts
to improve educational services and opportunities and raise student achievement new text end ; and

(5) reinforce national and state standards of effective teaching practice.

Sec. 22.

Minnesota Statutes 2012, 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 new text begin research-based new text end best practices methods;

(2) effectively meet the needs of a diverse student population, including at-risk
children, children with disabilities, new text begin English learners, new text end and gifted children, within the
regular classroom and other settings;

(3) provide an inclusive curriculum for a racially, ethnically, new text begin linguistically, new text end 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;

(6) effectively deliver digital and blended learning and curriculum and engage
students with technology; and

(7) provide teachers and other members of site-based management teams with
appropriate management and financial management skills.

Sec. 23.

Minnesota Statutes 2012, section 122A.68, subdivision 3, is amended to read:

Subd. 3.

Program components.

In order to be approved by the Board of Teaching,
a school district's residency program must at minimum include:

(1) training to prepare teachers to serve as mentors to teaching residents;

(2) a team mentorship approach to expose teaching residents to a variety of
teaching methods, philosophies, and classroom environments new text begin that includes differentiated
instructional strategies, effective use of student achievement data, and support for native
and English language development across the curriculum and grade levels, among other
things new text end ;

(3) ongoing peer coaching and assessment;

(4) assistance to the teaching resident in preparing an individual professional
development plan that includes goals, activities, and assessment methodologies; and

(5) collaboration with one or more teacher education institutions, career teachers,
and other community experts to provide local or regional professional development
seminars or other structured learning experiences for teaching residents.

A teaching resident's direct classroom supervision responsibilities shall not exceed
80 percent of the instructional time required of a full-time equivalent teacher in the
district. During the time a resident does not supervise a class, the resident shall participate
in professional development activities according to the individual plan developed by the
resident in conjunction with the school's mentoring team. Examples of development
activities include observing other teachers, sharing experiences with other teaching
residents, and professional meetings and workshops.

Sec. 24.

Minnesota Statutes 2012, section 122A.74, is amended to read:

122A.74 PRINCIPALS' LEADERSHIP INSTITUTE.

Subdivision 1.

Establishment.

(a) The commissioner of education may contract
with the regents of the University of Minnesota to establish a Principals' Leadership
Institute to provide professional development to school principals by:

(1) creating a network of leaders in the educational and business communities to
communicate current and future trends in leadership techniques;

(2) helping to create a vision for the school that is aligned with the community
and district priorities; deleted text begin and
deleted text end

(3) developing strategies to retain highly qualified teachers new text begin and ensure that diverse
student populations, including at-risk students, children with disabilities, English learners,
and gifted students, among others, have equal access to these highly qualified teachers; and
new text end

new text begin (4) providing training to analyze data using culturally competent tools new text end new text begin new text end .

(b) The University of Minnesota must cooperate with participating members of the
business community to provide funding and content for the institute.

(c) Participants must agree to attend the Principals' Leadership Institute for four
weeks during the academic summer.

(d) The Principals' Leadership Institute must incorporate program elements offered
by leadership programs at the University of Minnesota and program elements used by
the participating members of the business community to enhance leadership within their
businesses.

Subd. 2.

Method of selection and requirements.

(a) The board of each school
district in the state may select a principal, upon the recommendation of the district's
superintendent and based on the principal's leadership potential, to attend the institute.

(b) The school board new text begin annually new text end shall forward its list of recommended participants to
the commissioner deleted text begin of education deleted text end by February 1 deleted text begin each year deleted text end . In addition, a principal may submit
an application directly to the commissioner by February 1. The commissioner deleted text begin of education
deleted text end shall notify the school board, the principal candidates, and the University of Minnesota of
the principals selected to participate in the Principals' Leadership Institute each year.

Sec. 25.

Minnesota Statutes 2012, section 123A.06, subdivision 2, is amended to read:

Subd. 2.

People to be served.

A state-approved alternative program shall provide
programs for secondary pupils and adults. A center may also provide programs and
services for elementary and secondary pupils who are not attending the state-approved
alternative program to assist them in being successful in school. A center shall use
research-based best practices for serving English learners and their parents new text begin , taking into
account the variations in students' backgrounds and needs and the amount of time and the
staff resources necessary for students to overcome gaps in their education and to develop
English proficiency and work-related skills new text end . An individualized education program team
may identify a state-approved alternative program as an appropriate placement to the
extent a state-approved alternative program can provide the student with the appropriate
special education services described in the student's plan. Pupils eligible to be served are
those who qualify under the graduation incentives program in section 124D.68, subdivision
2, those enrolled under section 124D.02, subdivision 2, or those pupils who are eligible to
receive special education services under sections 125A.03 to 125A.24, and 125A.65.

Sec. 26.

Minnesota Statutes 2012, section 123B.04, subdivision 4, is amended to read:

Subd. 4.

Achievement contract.

A school board may enter a written education site
achievement contract with each site decision-making team for: (1) setting individualized
learning and achievement measures and short- and long-term educational goals for each
student at that site new text begin that may include site-based strategies for English language instruction
targeting the teachers of English learners and all teachers and school administrators new text end ;
(2) recognizing each student's educational needs and aptitudes and levels of academic
attainment, whether on grade level or above or below grade level, so as to improve student
performance through such means as a cost-effective, research-based formative assessment
system designed to promote individualized learning and assessment; (3) using student
performance data to diagnose a student's academic strengths and weaknesses and indicate
to the student's teachers the specific skills and concepts that need to be introduced to
the student and developed through academic instruction or applied learning, organized
by strands within subject areas and linked to state and local academic standards during
the next year, consistent with the student's short- and long-term educational goals; and
(4) assisting the education site if progress in achieving student or contract goals or other
performance expectations or measures agreed to by the board and the site decision-making
team are not realized or implemented.

Sec. 27.

Minnesota Statutes 2012, section 123B.147, subdivision 3, is amended to read:

Subd. 3.

Duties; evaluation.

(a) The principal shall provide administrative,
supervisory, and instructional leadership services, under the supervision of the
superintendent of schools of the district and according to the policies, rules, and
regulations of the school board, for the planning, management, operation, and evaluation
of the education program of the building or buildings to which the principal is assigned.

(b) To enhance a principal's leadership skills and support and improve teaching
practices, school performance, and student achievement new text begin for diverse student populations,
including at-risk students, children with disabilities, English learners, and gifted students,
among others new text end , a district must develop and implement a performance-based system for
annually evaluating school principals assigned to supervise a school building within the
district. The evaluation must be designed to improve teaching and learning by supporting
the principal in shaping the school's professional environment and developing teacher
quality, performance, and effectiveness. The annual evaluation must:

(1) support and improve a principal's instructional leadership, organizational
management, and professional development, and strengthen the principal's capacity in the
areas of instruction, supervision, evaluation, and teacher development;

(2) include formative and summative evaluations new text begin based on multiple measures of
student progress toward career and college readiness new text end ;

(3) be consistent with a principal's job description, a district's long-term plans and
goals, and the principal's own professional multiyear growth plans and goals, all of which
must support the principal's leadership behaviors and practices, rigorous curriculum,
school performance, and high-quality instruction;

(4) include on-the-job observations and previous evaluations;

(5) allow surveys to help identify a principal's effectiveness, leadership skills and
processes, and strengths and weaknesses in exercising leadership in pursuit of school
success;

(6) use longitudinal data on student academic growth as 35 percent of the evaluation
and incorporate district achievement goals and targets;

(7) be linked to professional development that emphasizes improved teaching and
learning, curriculum and instruction, student learning, and a collaborative professional
culture; and

(8) for principals not meeting standards of professional practice or other criteria
under this subdivision, implement a plan to improve the principal's performance and
specify the procedure and consequence if the principal's performance is not improved.

The provisions of this paragraph are intended to provide districts with sufficient
flexibility to accommodate district needs and goals related to developing, supporting,
and evaluating principals.

Sec. 28.

Minnesota Statutes 2012, section 124D.13, subdivision 2, is amended to read:

Subd. 2.

Program requirements.

(a) Early childhood family education programs
are programs for children in the period of life from birth to kindergarten, for the parents
and other relatives of these children, and for expectant parents. To the extent that funds
are insufficient to provide programs for all children, early childhood family education
programs should emphasize programming for a child from birth to age three and
encourage parents and other relatives to involve four- and five-year-old children in school
readiness programs, and other public and nonpublic early learning programs. A district
may not limit participation to school district residents. Early childhood family education
programs must provide:

(1) programs to educate parents and other relatives about the physical, mental, and
emotional development of children and to enhance the skills of parents and other relatives
in providing for their children's learning and development;

(2) structured learning activities requiring interaction between children and their
parents or relatives;

(3) structured learning activities for children that promote children's development
and positive interaction with peers, which are held while parents or relatives attend parent
education classes;

(4) information on related community resources;

(5) information, materials, and activities that support the safety of children, including
prevention of child abuse and neglect; and

(6) a community outreach plan to ensure participation by families who reflect the
racial, cultural, new text begin linguistic, new text end and economic diversity of the school district.

new text begin Early childhood family education programs are encouraged to provide parents of
English learners with translated oral and written information to monitor the program's
impact on their children's English language development, to know whether their children
are progressing in developing their English and native language proficiency, and to
actively engage with and support their children in developing their English and native
language proficiency;
new text end

The programs must include learning experiences for children, parents, and other
relatives that promote children's early literacy new text begin and, where practicable, their native
language new text end skills deleted text begin . The program must not include deleted text end new text begin and new text end activities for children that deleted text begin do not
deleted text end require substantial involvement of the children's parents or other relatives. new text begin Providers must
review new text end the program deleted text begin must be reviewed deleted text end periodically to assure the instruction and materials
are not racially, culturally, or sexually biased. The programs must encourage parents to be
aware of practices that may affect equitable development of children.

(b) For the purposes of this section, "relative" or "relatives" means noncustodial
grandparents or other persons related to a child by blood, marriage, adoption, or foster
placement, excluding parents.

Sec. 29.

Minnesota Statutes 2012, section 124D.15, subdivision 3, is amended to read:

Subd. 3.

Program requirements.

A school readiness program provider must:

(1) assess each child's cognitive new text begin and language new text end skills with a comprehensive child
assessment instrument when the child enters and again before the child leaves the program
to deleted text begin inform deleted text end new text begin improve new text end program planning and new text begin implementation, communicate with new text end parents new text begin , new text end and
promote kindergarten readiness;

(2) provide comprehensive program content and intentional instructional practice
aligned with the state early childhood learning guidelines and kindergarten standards and
based on early childhood research and professional practice that is focused on children's
cognitive, social, emotional, and physical skills and development and prepares children
for the transition to kindergarten, including early literacy new text begin and language new text end skills;

(3) coordinate appropriate kindergarten transition with parents and kindergarten
teachers;

(4) involve parents in program planning and decision making;

(5) coordinate with relevant community-based services;

(6) cooperate with adult basic education programs and other adult literacy programs;

(7) ensure staff-child ratios of one-to-ten and maximum group size of 20 children
with the first staff required to be a teacher; and

(8) have teachers knowledgeable in early childhood curriculum content, assessment,
new text begin native and English language development programs, new text end and instruction.

Sec. 30.

Minnesota Statutes 2012, section 124D.49, subdivision 3, is amended to read:

Subd. 3.

Local education and employment transitions systems.

A local education
and employment transitions partnership must assess the needs of employers, employees,
and learners, and develop a plan for implementing and achieving the objectives of a local
or regional education and employment transitions system. The plan must provide for a
comprehensive local system for assisting learners and workers in making the transition
from school to work or for retraining in a new vocational area. The objectives of a local
education and employment transitions system include:

(1) increasing the effectiveness of the educational programs and curriculum of
elementary, secondary, and postsecondary schools and the work site in preparing students
in the skills and knowledge needed to be successful in the workplace;

(2) implementing learner outcomes for students in grades kindergarten through 12
designed to introduce the world of work and to explore career opportunities, including
nontraditional career opportunities;

(3) eliminating barriers to providing effective integrated applied learning,
service-learning, or work-based curriculum;

(4) increasing opportunities to apply academic knowledge and skills, including
skills needed in the workplace, in local settings which include the school, school-based
enterprises, postsecondary institutions, the workplace, and the community;

(5) increasing applied instruction in the attitudes and skills essential for success in
the workplace, including cooperative working, leadership, problem-solving, new text begin English
language proficiency, new text end and respect for diversity;

(6) providing staff training for vocational guidance counselors, teachers, and other
appropriate staff in the importance of preparing learners for the transition to work, and in
methods of providing instruction that incorporate applied learning, work-based learning,
new text begin English language proficiency, new text end and service-learning experiences;

(7) identifying and enlisting local and regional employers who can effectively
provide work-based or service-learning opportunities, including, but not limited to,
apprenticeships, internships, and mentorships;

(8) recruiting community and workplace mentors including peers, parents, employers
and employed individuals from the community, and employers of high school students;

(9) identifying current and emerging educational, training, new text begin native and English
language development, new text end and employment needs of the area or region, especially within
industries with potential for job growth;

(10) improving the coordination and effectiveness of local vocational and job training
programs, including vocational education, adult basic education, tech prep, apprenticeship,
service-learning, youth entrepreneur, youth training and employment programs
administered by the commissioner of employment and economic development, and local
job training programs under the Workforce Investment Act of 1998, Public Law 105-220;

(11) identifying and applying for federal, state, local, and private sources of funding
for vocational or applied learning programs;

(12) providing students with current information and counseling about career
opportunities, potential employment, educational opportunities in postsecondary
institutions, workplaces, and the community, and the skills and knowledge necessary to
succeed;

(13) providing educational technology, including interactive television networks
and other distance learning methods, to ensure access to a broad variety of work-based
learning opportunities;

(14) including students with disabilities in a district's vocational or applied learning
program and ways to serve at-risk learners through collaboration with area learning
centers under sections 123A.05 to 123A.09, or other alternative programs; and

(15) providing a warranty to employers, postsecondary education programs, and
other postsecondary training programs, that learners successfully completing a high school
work-based or applied learning program will be able to apply the knowledge and work
skills included in the program outcomes or graduation requirements. The warranty shall
require education and training programs to continue to work with those learners that need
additional skill new text begin or English language new text end development until they can demonstrate achievement
of the program outcomes or graduation requirements.

Sec. 31.

Minnesota Statutes 2012, section 124D.52, as amended by Laws 2013, chapter
116, article 2, section 7, is amended to read:

124D.52 ADULT BASIC EDUCATION.

Subdivision 1.

Program requirements.

(a) An adult basic education program is a
day or evening program offered by a district that is for people over 16 years of age who do
not attend an elementary or secondary school. The program offers academic new text begin and English
language new text end instruction necessary to earn a high school diploma or equivalency certificate.

(b) Notwithstanding any law to the contrary, a school board or the governing body of
a consortium offering an adult basic education program may adopt a sliding fee schedule
based on a family's income, but must waive the fee for participants who are under the age
of 21 or unable to pay. The fees charged must be designed to enable individuals of all
socioeconomic levels to participate in the program. A program may charge a security
deposit to assure return of materials, supplies, and equipment.

(c) Each approved adult basic education program must develop a memorandum of
understanding with the local workforce development centers located in the approved
program's service delivery area. The memorandum of understanding must describe how
the adult basic education program and the workforce development centers will cooperate
and coordinate services to provide unduplicated, efficient, and effective services to clients.

(d) Adult basic education aid must be spent for adult basic education purposes as
specified in sections 124D.518 to 124D.531.

(e) A state-approved adult basic education program must count and submit student
contact hours for a program that offers high school credit toward an adult high school
diploma according to student eligibility requirements and new text begin measures of student progress
toward work-based new text end competency deleted text begin demonstration requirements deleted text end new text begin and, where appropriate,
English language proficiency requirements new text end established by the commissioner new text begin and posted on
the department Web site in a readily accessible location and format new text end .

Subd. 2.

Program approval.

(a) To receive aid under this section, a district, a
consortium of districts, the Department of Corrections, or a private nonprofit organization
must submit an application by June 1 describing the program, on a form provided by
the department. The program must be approved by the commissioner according to the
following criteria:

(1) how the needs of different levels of learning new text begin and English language proficiency
new text end will be met;

(2) for continuing programs, an evaluation of results;

(3) anticipated number and education level of participants;

(4) coordination with other resources and services;

(5) participation in a consortium, if any, and money available from other participants;

(6) management and program design;

(7) volunteer training and use of volunteers;

(8) staff development services;

(9) program sites and schedules;

(10) program expenditures that qualify for aid;

(11) program ability to provide data related to learner outcomes as required by
law; and

(12) a copy of the memorandum of understanding described in subdivision 1
submitted to the commissioner.

(b) Adult basic education programs may be approved under this subdivision for
up to five years. Five-year program approval must be granted to an applicant who has
demonstrated the capacity to:

(1) offer comprehensive learning opportunities and support service choices
appropriate for and accessible to adults at all basic skill deleted text begin need deleted text end new text begin and English language new text end levels
new text begin of need new text end ;

(2) provide a participatory and experiential learning approach based on the strengths,
interests, and needs of each adult, that enables adults with basic skill needs to:

(i) identify, plan for, and evaluate their own progress toward achieving their defined
educational and occupational goals;

(ii) master the basic academic reading, writing, and computational skills, as well
as the problem-solving, decision making, interpersonal effectiveness, and other life and
learning skills they need to function effectively in a changing society;

(iii) locate and be able to use the health, governmental, and social services and
resources they need to improve their own and their families' lives; and

(iv) continue their education, if they desire, to at least the level of secondary school
completion, with the ability to secure and benefit from continuing education that will
enable them to become more employable, productive, and responsible citizens;

(3) plan, coordinate, and develop cooperative agreements with community resources
to address the needs that the adults have for support services, such as transportation, new text begin English
language learning, new text end flexible course scheduling, convenient class locations, and child care;

(4) collaborate with business, industry, labor unions, and employment-training
agencies, as well as with family and occupational education providers, to arrange for
resources and services through which adults can attain economic self-sufficiency;

(5) provide sensitive and well trained adult education personnel who participate in
local, regional, and statewide adult basic education staff development events to master
effective adult learning and teaching techniques;

(6) participate in regional adult basic education peer program reviews and evaluations;

(7) submit accurate and timely performance and fiscal reports;

(8) submit accurate and timely reports related to program outcomes and learner
follow-up information; and

(9) spend adult basic education aid on adult basic education purposes only, which
are specified in sections 124D.518 to 124D.531.

(c) The commissioner shall require each district to provide notification by February
1, 2001, of its intent to apply for funds under this section as a single district or as part of
an identified consortium of districts. A district receiving funds under this section must
notify the commissioner by February 1 of its intent to change its application status for
applications due the following June 1.

Subd. 3.

Accounts; revenue; aid.

(a) Each district, group of districts, or private
nonprofit organization providing adult basic education programs must establish and
maintain a reserve account within the community service fund for deleted text begin the receipt deleted text end new text begin receiving
new text end and deleted text begin disbursement of deleted text end new text begin disbursing new text end all funds related to these programs. All revenue received
deleted text begin pursuant to deleted text end new text begin under new text end this section must be deleted text begin utilized deleted text end new text begin used new text end solely for the purposes of adult basic
education programs. State aid must not equal more than 100 percent of the unreimbursed
expenses of providing these programs, excluding in-kind costs.

(b) For purposes of paragraph (a), an adult basic education program may include as
valid expenditures for the previous fiscal year program spending that occurs from July
1 to September 30 of the following year. A program may carry over a maximum of 20
percent of its adult basic education aid revenue into the next fiscal year. Program spending
may only be counted for one fiscal year.

(c) Notwithstanding section 123A.26 or any other law to the contrary, an adult basic
education consortium providing an approved adult basic education program may be its own
fiscal agent and is eligible to receive state-aid payments directly from the commissioner.

Subd. 4.

English as a second language programs.

Persons may teach English
as a second language classes deleted text begin conducted deleted text end at a worksite, if they meet the requirements
of section 122A.19, subdivision 1, clause (a), regardless of whether they are licensed
teachers. Persons teaching English as a second language for an approved adult basic
education program must possess a bachelor's or master's degree in English as a second
language, applied linguistics, or bilingual education, or a related degree deleted text begin as deleted text end approved by
the commissioner.

Subd. 5.

Basic service level.

A district, or a consortium of districts, with a program
approved by the commissioner under subdivision 2 must establish, in consultation with the
commissioner, a basic level of service for every adult basic education site in the district
or consortium. The basic service level must describe minimum levels of academic new text begin and
English language new text end instruction and support services to be provided at each site. The program
must set a basic service level that promotes effective learning and student achievement
with measurable results. Each district or consortium of districts must submit its basic
service level to the commissioner for approval.

Subd. 6.

Cooperative English as a second language and adult basic education
programs.

(a) A school district, or adult basic education consortium that receives revenue
under section 124D.531, may deliver English as a second language, citizenship, or other
adult education programming in collaboration with community-based and nonprofit
organizations located within its district or region, and with correctional institutions. The
organization or correctional institution must have the demonstrated capacity to offer
education programs for adults. Community-based or nonprofit organizations must meet
the criteria in paragraph (b), or have prior experience. A community-based or nonprofit
organization or a correctional institution may be reimbursed for unreimbursed expenses
as defined in section 124D.518, subdivision 5, for deleted text begin the administration of deleted text end new text begin administering
new text end English as a second language or adult basic education programs, not to exceed eight
percent of the total funds provided by a school district or adult basic education consortium.
The administrative reimbursement for a school district or adult basic education consortium
that delivers services cooperatively with a community-based or nonprofit organization
or correctional institution is limited to five percent of the program aid, not to exceed the
unreimbursed expenses of administering programs delivered by community-based or
nonprofit organizations or correctional institutions.

(b) A community-based organization or nonprofit organization that delivers education
services under this section must demonstrate that it has met the following criteria:

(1) be legally established as a nonprofit organization;

(2) have an established system for fiscal accounting and reporting that is consistent
with the deleted text begin Department of Education's deleted text end new text begin department's new text end adult basic education completion report
and reporting requirements under section 124D.531;

(3) require all instructional staff to complete a training course in teaching adult
learners; and

(4) develop a learning plan for each student that identifies defined educational and
occupational goals with measures to evaluate progress.

Subd. 7.

Performance tracking system.

(a) By July 1, 2000, each approved adult
basic education program must develop and implement a performance tracking system to
provide information necessary to comply with federal law and serve as one means of
assessing the effectiveness of adult basic education programs. For required reporting,
longitudinal studies, and program improvement, the tracking system must be designed to
collect data on the following core outcomes for learners new text begin , including English learners, new text end who
have completed participating in the adult basic education program:

(1) demonstrated improvements in literacy skill levels in reading, writing, speaking
the English language, numeracy, problem solving, English language acquisition, and
other literacy skills;

(2) placement in, retention in, or completion of postsecondary education, training,
unsubsidized employment, or career advancement;

(3) receipt of a secondary school diploma or its recognized equivalent; and

(4) reduction in participation in the diversionary work program, Minnesota family
investment program, and food support education and training program.

(b) A district, group of districts, state agency, or private nonprofit organization
providing an adult basic education program may meet this requirement by developing a
tracking system based on either or both of the following methodologies:

(1) conducting a reliable follow-up survey; or

(2) submitting student information, including Social Security numbers for data
matching.

Data related to obtaining employment must be collected in the first quarter following
program completion or can be collected while the student is enrolled, if known. Data
related to employment retention must be collected in the third quarter following program
exit. Data related to any other specified outcome may be collected at any time during a
program year.

(c) When a student in a program is requested to provide the student's Social Security
number, the student must be notified in a written form easily understandable to the student
that:

(1) providing the Social Security number is optional and no adverse action may be
taken against the student if the student chooses not to provide the Social Security number;

(2) the request is made under section 124D.52, subdivision 7;

(3) if the student provides the Social Security number, it will be used to assess the
effectiveness of the program by tracking the student's subsequent career; and

(4) the Social Security number will be shared with the Department of Education;
Minnesota State Colleges and Universities; Office of Higher Education; Department of
Human Services; and Department of Employment and Economic Development in order
to accomplish the purposes described in paragraph (a) and will not be used for any other
purpose or reported to any other governmental entities.

(d) Annually a district, group of districts, state agency, or private nonprofit
organization providing programs under this section must forward the tracking data
collected to the Department of Education. For the purposes of longitudinal studies on the
employment status of former students under this section, the Department of Education
must forward the Social Security numbers to the Department of Employment and
Economic Development to electronically match the Social Security numbers of former
students with wage detail reports filed under section 268.044. The results of data matches
must, for purposes of this section and consistent with the requirements of the United
States Code, title 29, section 2871, of the Workforce Investment Act of 1998, be compiled
in a longitudinal form by the Department of Employment and Economic Development
and released to the Department of Education in the form of summary data that does not
identify the individual students. The Department of Education may release this summary
data. State funding for adult basic education programs must not be based on the number or
percentage of students who decline to provide their Social Security numbers or on whether
the program is evaluated by means of a follow-up survey instead of data matching.

Subd. 8.

Standard high school diploma for adults.

(a) The commissioner shall
adopt rules for providing a standard adult high school diploma to persons who:

(1) are not eligible for kindergarten through grade 12 services;

(2) do not have a high school diploma; and

(3) successfully complete an adult basic education program of instruction approved
by the commissioner of education necessary to earn an adult high school diploma.

(b) Persons participating in an approved adult basic education program of instruction
must demonstrate the competencies, knowledge, and skills new text begin and, where appropriate,
English language proficiency, new text end sufficient to ensure that postsecondary programs and
institutions and potential employers regard persons with a standard high school diploma
and persons with a standard adult high school diploma as equally well prepared and
qualified graduates. Approved adult basic education programs of instruction under this
subdivision must issue a standard adult high school diploma to persons who successfully
demonstrate the competencies, knowledge, and skills required by the program.

Sec. 32.

Minnesota Statutes 2012, section 124D.522, is amended to read:

124D.522 ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE
GRANTS.

(a) The commissioner, in consultation with the policy review task force under
section 124D.521, may make grants to nonprofit organizations to provide services that are
not offered by a district adult basic education program or that are supplemental to either
the statewide adult basic education program, or a district's adult basic education program.
The commissioner may make grants for: staff development for adult basic education
teachers and administrators; training for volunteer tutors; training, services, and materials
for serving disabled students through adult basic education programs; statewide promotion
of adult basic education services and programs; development and dissemination of
instructional and administrative technology for adult basic education programs; programs
which primarily serve communities of color; adult basic education distance learning
projects, including television instruction programs; new text begin initiatives to accelerate English
language acquisition and the achievement of career- and college-ready skills among
English learners; new text end and other supplemental services to support the mission of adult basic
education and innovative delivery of adult basic education services.

(b) The commissioner must establish eligibility criteria and grant application
procedures. Grants under this section must support services throughout the state, focus
on educational results for adult learners, and promote outcome-based achievement
through adult basic education programs. Beginning in fiscal year 2002, the commissioner
may make grants under this section from the state total adult basic education aid set
aside for supplemental service grants under section 124D.531. Up to one-fourth of the
appropriation for supplemental service grants must be used for grants for adult basic
education programs to encourage and support innovations in adult basic education
instruction and service delivery. A grant to a single organization cannot exceed 20 percent
of the total supplemental services aid. Nothing in this section prevents an approved adult
basic education program from using state or federal aid to purchase supplemental services.

Sec. 33.

Minnesota Statutes 2012, section 124D.59, subdivision 2, is amended to read:

Subd. 2.

English learner.

(a) "English learner" means a pupil in kindergarten
through grade 12 who meets the following requirements:

(1) the pupil, as declared by a parent or guardian first learned a language other than
English, comes from a home where the language usually spoken is other than English, or
usually speaks a language other than English; and

(2) the pupil is determined by new text begin a valid assessment measuring the pupil's English
language proficiency and by new text end developmentally appropriate measures, which might include
observations, teacher judgment, parent recommendations, or developmentally appropriate
assessment instruments, to lack the necessary English skills to participate fully in
new text begin academic new text end classes taught in English.

(b) deleted text begin Notwithstanding paragraph (a), deleted text end A pupil new text begin enrolled in a Minnesota public school
new text end in deleted text begin grades deleted text end new text begin any grade new text end 4 through 12 who deleted text begin was enrolled in a Minnesota public school on
the dates during deleted text end new text begin in new text end the previous school year deleted text begin when a commissioner provided deleted text end new text begin took a
commissioner-provided new text end assessment deleted text begin that measures deleted text end new text begin measuring new text end the pupil's emerging
academic English deleted text begin was administered deleted text end , shall deleted text begin not deleted text end be counted as an English learner in
calculating English learner pupil units under section 126C.05, subdivision 17, and shall deleted text begin not
deleted text end generate state English learner aid under section 124D.65, subdivision 5, deleted text begin unless deleted text end new text begin if new text end the pupil
scored below the state cutoff score or is otherwise counted as a nonproficient participant
on deleted text begin an deleted text end new text begin the new text end assessment measuring new text begin the pupil's new text end emerging academic English deleted text begin provided by the
commissioner during the previous school year deleted text end new text begin and in the judgment of the pupil's classroom
teachers, consistent with section 124D.61, clause (1), the pupil is unable to demonstrate
academic language proficiency in English, including oral academic language, sufficient to
successfully and fully participate in the general core curriculum in the regular classroom new text end .

(c) Notwithstanding paragraphs (a) and (b), a pupil in kindergarten through grade
12 shall not be counted as an English learner in calculating English learner pupil units
under section 126C.05, subdivision 17, and shall not generate state English learner aid
under section 124D.65, subdivision 5, if:

(1) the pupil is not enrolled during the current fiscal year in an educational program
for English learners deleted text begin in accordance with deleted text end new text begin under new text end sections 124D.58 to 124D.64; or

(2) the pupil has generated five or more years of average daily membership in
Minnesota public schools since July 1, 1996.

Sec. 34.

Minnesota Statutes 2012, section 124D.895, is amended to read:

124D.895 PARENTAL INVOLVEMENT PROGRAMS.

Subdivision 1.

Program goals.

The department, in consultation with the state
curriculum advisory committee, must develop guidelines and model plans for parental
involvement programs that will:

(1) engage the interests and talents of parents or guardians in recognizing and
meeting the emotional, intellectual, new text begin native and English language development, new text end and
physical needs of their school-age children;

(2) promote healthy self-concepts among parents or guardians and other family
members;

(3) offer parents or guardians a chance to share and learn about educational skills,
techniques, and ideas;

(4) provide creative learning experiences for parents or guardians and their
school-age children, including involvement from parents or guardians of color;

(5) encourage parents to actively participate in their district's curriculum advisory
committee under section 120B.11 in order to assist the school board in improving
children's education programs; and

(6) encourage parents to help in promoting school desegregation/integration new text begin under
sections 124D.861 and 124D.862 new text end .

Subd. 2.

Plan contents.

Model plans for a parental involvement program must
include at least the following:

(1) program goals;

(2) means for achieving program goals;

(3) methods for informing parents or guardians, in a timely way, about the program;

(4) strategies for ensuring the full participation of parents or guardians, including
those parents or guardians who lack literacy skills or whose native language is not English,
including new text begin the new text end involvement deleted text begin from deleted text end new text begin of new text end parents or guardians of color;

(5) procedures for coordinating the program with kindergarten through grade 12
curriculum, with parental involvement programs currently available in the community,
with the deleted text begin process under sections 120B.10 to deleted text end new text begin world's best workforce under section new text end 120B.11,
and with other education facilities located in the community;

(6) strategies for training teachers and other school staff to work effectively with
parents and guardians;

(7) procedures for parents or guardians and educators to evaluate and report progress
toward program goals; and

(8) a mechanism for convening a local community advisory committee composed
primarily of parents or guardians to advise a district on implementing a parental
involvement program.

Subd. 3.

Plan activities.

Activities contained in the model plans must include:

(1) educational opportunities for families that enhance children's learning new text begin and native
and English language new text end development;

(2) educational programs for parents or guardians on families' educational
responsibilities and resources;

(3) the hiring, training, and use of parental involvement liaison workers to
coordinate family involvement activities and to foster new text begin linguistic and culturally competent
new text end communication among families, educators, and students new text begin , consistent with the definition of
culturally competent under section 120B.11, subdivision 1, paragraph (d) new text end ;

(4) curriculum materials and assistance in implementing home and community-based
learning activities that reinforce and extend classroom instruction and student motivation;

(5) technical assistance, including training to design and carry out family
involvement programs;

(6) parent resource centers;

(7) parent training programs and reasonable and necessary expenditures associated
with parents' attendance at training sessions;

(8) reports to parents on children's progress;

(9) use of parents as classroom volunteers, or as volunteers in before and after
school programs for school-age children, tutors, and aides;

(10) soliciting parents' suggestions in planning, developing, and implementing
school programs;

(11) educational programs and opportunities for parents or guardians that are
multicultural, new text begin multilingual, new text end gender fair, and disability sensitive;

(12) involvement in a district's curriculum advisory committee or a school building
team under section 120B.11; and

(13) opportunities for parent involvement in developing, implementing, or evaluating
school and district desegregation/integration plans new text begin under sections 124D.861 and 124D.862 new text end .

Sec. 35.

Minnesota Statutes 2012, section 124D.8955, is amended to read:

124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.

(a) In order to promote and support student achievement, a local school board is
encouraged to formally adopt and implement a parent and family involvement policy that
promotes and supports:

(1) new text begin oral and written new text end communication between home and school that is regular,
two-way, deleted text begin and deleted text end meaningful new text begin , and in families' native language new text end ;

(2) parenting skills;

(3) parents and caregivers who play an integral role in assisting student learning and
learn about fostering students' academic success and learning at home and school;

(4) welcoming parents in the school and new text begin using networks that support families'
cultural connections, new text end new text begin new text end seeking their support and assistance;

(5) partnerships with parents in the decisions that affect children and families
in the schools; and

(6) providing community resources to strengthen schools, families, and student
learning.

(b) A school board that implements a parent and family involvement policy under
paragraph (a) must convene an advisory committee composed of an equal number of
resident parents who are not district employees and school staff to make recommendations
to the board on developing and evaluating the board's parent and family involvement
policy. If possible, the advisory committee must represent the diversity of the district. The
advisory committee must consider the district's demographic diversity and barriers to
parent involvement when developing its recommendations. The advisory committee must
present its recommendations to the board for board consideration.

(c) The board must consider new text begin research-based new text end best practices when implementing
this policy.

(d) The board periodically must review this policy to determine whether it is aligned
with the most current research findings on parent involvement policies and practices and
how effective the policy is in supporting increased student achievement.

(e) Nothing in this section obligates a school district to exceed any parent or family
involvement requirement under federal law.

Sec. 36.

Minnesota Statutes 2013 Supplement, section 127A.70, subdivision 2, is
amended to read:

Subd. 2.

Powers and duties; report.

(a) The partnership shall develop
recommendations to the governor and the legislature designed to maximize the achievement
of all P-20 students while promoting the efficient use of state resources, thereby helping
the state realize the maximum value for its investment. These recommendations may
include, but are not limited to, strategies, policies, or other actions focused on:

(1) improving the quality of and access to education at all points from preschool
through graduate education;

(2) improving preparation for, and transitions to, postsecondary education and
work; and

(3) ensuring educator quality by creating rigorous standards for teacher recruitment,
teacher preparation, induction and mentoring of beginning teachers, and continuous
professional development for career teachers.

(b) Under the direction of the P-20 Education Partnership Statewide Longitudinal
Education Data System Governance Committee, the Office of Higher Education and the
Departments of Education and Employment and Economic Development shall improve
and expand the Statewide Longitudinal Education Data System (SLEDS) to provide
policymakers, education and workforce leaders, researchers, and members of the public
with data, research, and reports to:

(1) expand reporting on students' educational outcomes new text begin for diverse student
populations including at-risk students, children with disabilities, English learners, and
gifted students, among others, and include formative and summative evaluations based on
multiple measures of student progress toward career and college readiness new text end ;

(2) evaluate the effectiveness of educational and workforce programs; and

(3) evaluate the relationship between education and workforce outcomes new text begin , consistent
with section 124D.49 new text end .

To the extent possible under federal and state law, research and reports should be
accessible to the public on the Internet, and disaggregated by demographic characteristics,
organization or organization characteristics, and geography.

It is the intent of the legislature that the Statewide Longitudinal Education Data
System inform public policy and decision-making. The SLEDS governance committee,
with assistance from staff of the Office of Higher Education, the Department of Education,
and the Department of Employment and Economic Development, shall respond to
legislative committee and agency requests on topics utilizing data made available through
the Statewide Longitudinal Education Data System as resources permit. Any analysis of
or report on the data must contain only summary data.

(c) By January 15 of each year, the partnership shall submit a report to the governor
and to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over P-20 education policy and finance that summarizes the
partnership's progress in meeting its goals and identifies the need for any draft legislation
when necessary to further the goals of the partnership to maximize student achievement
while promoting efficient use of resources.

Sec. 37. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 122A.19, subdivision 3, new text end new text begin is repealed effective the
day following final enactment.
new text end