HF 3115

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/04/2010 11:19am

A bill for an act
relating to education; requiring statewide physical education standards; requiring
a report; establishing a healthy kids awards program; requiring rulemaking;
amending Minnesota Statutes 2008, section 120B.021, subdivision 1; Minnesota
Statutes 2009 Supplement, section 120B.023, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapter 121A.

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

Section 1.

Minnesota Statutes 2008, section 120B.021, subdivision 1, is amended to
read:

Subdivision 1.

Required academic standards.

The following subject areas are
required for statewide accountability:

(1) language arts;

(2) mathematics;

(3) science;

(4) social studies, including history, geography, economics, and government and
citizenship;

(5) new text begin physical education;
new text end

new text begin (6) new text end health deleted text begin and physical education deleted text end , for which locally developed academic standards
apply; and

deleted text begin (6) deleted text end new text begin (7) new text end the arts, for which statewide or locally developed academic standards apply,
as determined by the school district. Public elementary and middle schools must offer at
least three and require at least two of the following four arts areas: dance; music; theater;
and visual arts. Public high schools must offer at least three and require at least one of the
following five arts areas: media arts; dance; music; theater; and visual arts.

The commissioner must submit proposed standards in science and social studies to
the legislature by February 1, 2004.

For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
plan team has determined that the required academic standards are inappropriate.
An individualized education plan team that makes this determination must establish
alternative standards.

A school district, no later than the 2007-2008 school year, must adopt graduation
requirements that meet or exceed state graduation requirements established in law or
rule. A school district that incorporates these state graduation requirements before the
2007-2008 school year must provide students who enter the 9th grade in or before
the 2003-2004 school year the opportunity to earn a diploma based on existing locally
established graduation requirements in effect when the students entered the 9th grade.
District efforts to develop, implement, or improve instruction or curriculum as a result
of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.

The commissioner must include the contributions of Minnesota American Indian
tribes and communities as they relate to the academic standards during the review and
revision of the required academic standards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all school districts and charter schools beginning in the 2012-2013 school
year and later. A school district or charter school may implement state physical education
standards in an earlier school year than the 2012-2013 school year if it has adopted
physical education standards equivalent to the standards developed by the National
Association for Sport and Physical Education under section 4 on the effective date of this
act, or if it is scheduled to undertake the periodic review of its local physical education
standards under Minnesota Statutes, section 120B.023, subdivision 2, paragraph (g), in a
school year before the 2012-2013 school year, it may implement state physical education
standards consistent with section 4 in an earlier school year.
new text end

Sec. 2.

Minnesota Statutes 2009 Supplement, section 120B.023, subdivision 2, is
amended to read:

Subd. 2.

Revisions and reviews required.

(a) The commissioner of education must
revise and appropriately embed technology and information literacy standards consistent
with recommendations from school media specialists into the state's academic standards
and graduation requirements and implement a review cycle for state academic standards
and related benchmarks, consistent with this subdivision. During each review cycle, the
commissioner also must examine the alignment of each required academic standard and
related benchmark with the knowledge and skills students need for college readiness and
advanced work in the particular subject area.

(b) The commissioner in the 2006-2007 school year must revise and align the state's
academic standards and high school graduation requirements in mathematics to require
that students satisfactorily complete the revised mathematics standards, beginning in the
2010-2011 school year. Under the revised standards:

(1) students must satisfactorily complete an algebra I credit by the end of eighth
grade; and

(2) students scheduled to graduate in the 2014-2015 school year or later must
satisfactorily complete an algebra II credit or its equivalent.

The commissioner also must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 are aligned with the state academic
standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph
(b). The commissioner must implement a review of the academic standards and related
benchmarks in mathematics beginning in the 2015-2016 school year.

(c) The commissioner in the 2007-2008 school year must revise and align the state's
academic standards and high school graduation requirements in the arts to require that
students satisfactorily complete the revised arts standards beginning in the 2010-2011
school year. The commissioner must implement a review of the academic standards and
related benchmarks in arts beginning in the 2016-2017 school year.

(d) The commissioner in the 2008-2009 school year must revise and align the state's
academic standards and high school graduation requirements in science to require that
students satisfactorily complete the revised science standards, beginning in the 2011-2012
school year. Under the revised standards, students scheduled to graduate in the 2014-2015
school year or later must satisfactorily complete a chemistry or physics credit. The
commissioner must implement a review of the academic standards and related benchmarks
in science beginning in the 2017-2018 school year.

(e) The commissioner in the 2009-2010 school year must revise and align the state's
academic standards and high school graduation requirements in language arts to require
that students satisfactorily complete the revised language arts standards beginning in the
2012-2013 school year. The commissioner must implement a review of the academic
standards and related benchmarks in language arts beginning in the 2018-2019 school year.

(f) The commissioner in the 2010-2011 school year must revise and align the state's
academic standards and high school graduation requirements in social studies to require
that students satisfactorily complete the revised social studies standards beginning in the
2013-2014 school year. The commissioner must implement a review of the academic
standards and related benchmarks in social studies beginning in the 2019-2020 school year.

(g) School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, deleted text begin physical education, deleted text end world
languages, and career and technical education to require students to complete the revised
standards beginning in a school year determined by the school district or charter school.
School districts and charter schools must formally establish a periodic review cycle for
the academic standards and related benchmarks in health, deleted text begin physical education, deleted text end world
languages, and career and technical education.

new text begin (h) The commissioner in the 2013-2014 school year and later must use the good cause
exemption, consistent with section 14.388, subdivision 1, clause (3), to amend the rules
governing state physical education standards to conform the state standards to changes in
the standards developed by the National Association for Sport and Physical Education.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all school districts and charter schools beginning in the 2012-2013 school
year and later, except that paragraph (h) applies beginning in the 2013-2014 school year
and later. A school district or charter school may implement state physical education
standards in an earlier school year than the 2012-2013 school year if it has adopted
physical education standards equivalent to the standards developed by the National
Association for Sport and Physical Education under section 4 on the effective date of this
act, or if it is scheduled to undertake the periodic review of its local physical education
standards under Minnesota Statutes, section 120B.023, subdivision 2, paragraph (g), in a
school year before the 2012-2013 school year, it may implement state physical education
standards consistent with section 4 in an earlier school year.
new text end

Sec. 3.

new text begin [121A.215] LOCAL SCHOOL DISTRICT WELLNESS POLICIES; WEB
SITE.
new text end

new text begin When available, a school district must post its current local school wellness policy
on its Web site.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010.
new text end

Sec. 4. new text begin DEPARTMENT OF EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Recess guidelines. new text end

new text begin The department is encouraged to develop
guidelines that school districts can adopt that promote quality recess practices and
behaviors that engage all students, increase their activity levels, build social skills, and
decrease behavioral issues.
new text end

new text begin Subd. 2. new text end

new text begin Common course catalogue. new text end

new text begin The department is encouraged to include
all physical education classes, district physical education standards, and local physical
education graduation requirements that districts offer as part of the Minnesota common
course catalogue.
new text end

new text begin Subd. 3. new text end

new text begin Standards adoption. new text end

new text begin Notwithstanding other laws to the contrary, the
commissioner of education shall initially adopt statewide physical education standards
using the expedited rulemaking process in Minnesota Statutes, section 14.389. The
standards adopted must be identical to the standards developed by the National Association
for Sport and Physical Education. The department must adopt the standards by December
1, 2010. The revisor may make grammatical or other technical changes to conform the
standards to the form in Minnesota Rule.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin HEALTHY KIDS AWARDS PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The healthy kids awards program is established to
motivate kindergarten through grade 12 students to become active by rewarding them for
their nutritional well-being and physical activity. The program is an effort to integrate
physical activity into nonphysical education classes, recess, and extracurricular activities
throughout the day in addition to the physical and nutritional education received in
physical education classes. Schools joining the program must commit to participate from
October through May of each school year.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner of education. new text end

new text begin The commissioner of education shall
oversee the healthy kids awards program. The commissioner shall solicit letters of intent
to participate in the healthy kids awards program from schools by September 15 of each
school year. The commissioner shall award schools each month that have at least 75
percent of students reaching the goal of being physically active for 60 minutes each day.
Any time spent in physical education classes counts toward the time requirements of
this program.
new text end

new text begin Subd. 3. new text end

new text begin Incentives. new text end

new text begin The commissioner shall seek outside sources of funding in
order to create a monetary or other incentive to those schools being awarded.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies beginning in the 2010-2011 school year and later.
new text end