Engrossments
Introduction		Posted on 02/21/2008
1st Engrossment		Posted on 03/17/2008
2nd Engrossment		Posted on 03/19/2008

Section 1.

Minnesota Statutes 2006, section 13.32, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Data to improve instruction. new text end

new text begin The Minnesota Department of Education
and the Minnesota Office of Higher Education may each share educational data with
the other agency for the purpose of analyzing and improving school district instruction,
consistent with Code of Federal Regulations, title 34, section 99.31(a)(6). The educational
data that may be shared between the two agencies under this subdivision must be limited
to:
new text end

new text begin (1) student attendance data that include the name of the school or institution, school
district, the year or term of attendance, and term type;
new text end

new text begin (2) student demographic and enrollment data;
new text end

new text begin (3) student academic performance and testing data; and
new text end

new text begin (4) any special academic services provided to a student.
new text end

new text begin Any analysis of or report on these data must contain only summary data.
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. 2.

Minnesota Statutes 2006, section 120B.02, is amended to read:

120B.02 EDUCATIONAL EXPECTATIONS FOR MINNESOTA'S
STUDENTS.

(a) The legislature is committed to establishing rigorous academic standards for
Minnesota's public school students. To that end, the commissioner shall adopt in rule
statewide academic standards. The commissioner shall not prescribe in rule or otherwise
the delivery system, classroom assessments, or form of instruction that school sites must
use. For purposes of this chapter, a school site is a separate facility, or a separate program
within a facility that a local school board recognizes as a school site for funding purposes.

(b) All commissioner actions regarding the rule must be premised on the following:

(1) the rule is intended to raise academic expectations for students, teachers, and
schools;

(2) any state action regarding the rule must evidence consideration of school district
autonomy; and

(3) the Department of Education, with the assistance of school districts, must make
available information about all state initiatives related to the rule to students and parents,
teachers, and the general public in a timely format that is appropriate, comprehensive, and
readily understandable.

(c) When fully implemented, the requirements for high school graduation in
Minnesota must require students to satisfactorily complete, as determined by the school
district, the course credit requirements under section 120B.024 anddeleted text begin :deleted text end new text begin successfully pass
graduation examinations required under section 120B.30.
new text end

deleted text begin (1) for students enrolled in grade 8 before the 2005-2006 school year, to pass the
basic skills test requirements; and
deleted text end

deleted text begin (2) for students enrolled in grade 8 in the 2005-2006 school year and later, to pass
the Minnesota Comprehensive Assessments Second Edition (MCA-IIs).
deleted text end

(d) The commissioner shall periodically review and report on the state's assessment
process.

(e) School districts are not required to adopt specific provisions of the federal
School-to-Work programs.

Sec. 3.

Minnesota Statutes 2007 Supplement, 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) health and physical education, for which locally developed academic standards
apply; and

(6) 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, deleted text begin 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 standardsdeleted text end new text begin with appropriate alternate achievement standards based on these
academic standards for students with individualized education plansnew text end .

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.

Sec. 4.

Minnesota Statutes 2006, 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 deleted text begin and 11deleted text end beginning in the 2010-2011 school
year are aligned with the state academic standards in mathematics. new text begin The commissioner
must ensure that new text end the statewide deleted text begin 11th gradedeleted text end mathematics deleted text begin testdeleted text end new text begin assessment new text end administered to
students deleted text begin under clause (2)deleted text end new text begin in grade 11 new text end beginning in the 2013-2014 school year deleted text begin must
includedeleted text end new text begin is aligned with state academic standards in mathematics, including new text end algebra II test
items deleted text begin that are aligned with corresponding state academic standards in mathematicsdeleted text end . 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. new text begin The commissioner also must ensure that the statewide science
assessments administered to students under section 120B.30, subdivision 1a, beginning
in the 2011-2012 school year, are aligned with the state academic standards in science.
new text end 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.new text begin The commissioner also must ensure that the statewide language
arts assessments administered to students in grades 3 through 8 and grade 10 beginning
in the 2012-2013 school year are aligned with the state academic standards in language
arts.new text end 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, physical education, 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, physical education, world
languages, and career and technical education.

Sec. 5.

Minnesota Statutes 2006, section 120B.131, subdivision 2, is amended to read:

Subd. 2.

Reimbursement for examination fees.

The state may reimburse
college-level examination program (CLEP) fees for a Minnesota public or nonpublic high
school student who has successfully completed one or more college-level courses in high
school in the subject matter of each examination in the following subjects: composition
and literature, mathematics and science, social sciences and history, foreign languages, and
business and humanities. deleted text begin The state may reimburse each student for up to six examination
fees.deleted text end The commissioner shall establish application procedures and a process and schedule
for fee reimbursements. The commissioner must give priority to reimburse the CLEP
examination fees of students of low-income families.

Sec. 6.

Minnesota Statutes 2007 Supplement, section 120B.15, is amended to read:

120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS.

(a) School districts may identify students, locally develop programs, provide
staff development, and evaluate programs to provide gifted and talented students with
challenging educational programs.

(b) School districts may adopt guidelines for assessing and identifying students for
participation in gifted and talented programs. The guidelines should include the use of:

(1) multiple and objective criteria; deleted text begin and
deleted text end

(2) assessments and procedures that are valid and reliable, fair, and based on current
theory and researchdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (3) an identification appeals process.
new text end

(c) School districts must adopt procedures for the academic acceleration of gifted
and talented students. These procedures must include how the district will:

(1) assess a student's readiness and motivation for acceleration; and

(2) match the level, complexity, and pace of the curriculum to a student to achieve
the best type of academic acceleration for that student.

Sec. 7.

new text begin [120B.299] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Growth. new text end

new text begin "Growth" compares the difference between a student's
achievement score at two distinct points in time.
new text end

new text begin Subd. 3. new text end

new text begin Value-added. new text end

new text begin "Value-added" is the amount of achievement a student
demonstrates above an established baseline.
new text end

new text begin Subd. 4. new text end

new text begin Growth-based value-added. new text end

new text begin "Growth-based value-added" is a
value-added system of assessments that measures the difference between an established
baseline of growth and a student's growth over time.
new text end

new text begin Subd. 5. new text end

new text begin Adequate yearly progress. new text end

new text begin "Adequate yearly progress" compares the
average achievement of two different groups of students at two different points in time.
new text end

new text begin Subd. 6. new text end

new text begin State growth norm. new text end

new text begin "State growth norm" is an established statewide
percentile or standard applicable to all students in a particular grade benchmarked to an
established school year. Beginning in the 2008-2009 school year, the state growth norm
is benchmarked to 2006-2007 school year data until the commissioner next changes the
vertically linked scale score. Each time the commissioner changes the vertically linked
scale score, a recognized Minnesota assessment group composed of assessment and
evaluation directors and staff and researchers, in collaboration with the Independent Office
of Educational Accountability under section 120B.31, subdivision 3, must recommend
a new state growth norm that the commissioner must consider when revising standards
under section 120B.023, subdivision 2. For each newly established state growth norm, the
commissioner also must establish criteria for identifying schools and school districts that
demonstrate accelerated growth in order to advance educators' professional development
and to replicate programs that succeed in meeting students' diverse learning needs.
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. 8.

Minnesota Statutes 2007 Supplement, section 120B.30, is amended to read:

120B.30 STATEWIDE TESTING AND REPORTING SYSTEM.

Subdivision 1.

Statewide testing.

(a) The commissioner, with advice from experts
with appropriate technical qualifications and experience and stakeholders, consistent with
subdivision 1a, shall include in the comprehensive assessment system, for each grade
level to be tested, state-constructed tests developed from and aligned with the state's
required academic standards under section 120B.021 and administered annually to all
students in grades 3 through 8 and at the high school level. A state-developed test in a
subject other than writingdeleted text begin , developed after the 2002-2003 school year,deleted text end must include both
machine-scoreable and constructed response questions. The commissioner shall establish
one or more months during which schools shall administer the tests to students each
school year. new text begin Schools that the commissioner identifies for stand-alone field testing or other
national sampling must participate as directed. Superintendents or charter school directors
may appeal in writing to the commissioner for an exemption from a field test based on
undue hardship. The commissioner's decision regarding the appeal is final. new text end For students
enrolled in grade 8 before the 2005-2006 school year, only Minnesota basic skills tests in
reading, mathematics, and writing shall fulfill students' basic skills testing requirements for
a passing state notation. The passing scores of basic skills tests in reading and mathematics
are the equivalent of 75 percent correct for students entering grade 9 deleted text begin in 1997 and thereafter,
asdeleted text end based on the first uniform test deleted text begin administration ofdeleted text end new text begin administered innew text end February 1998.

(b) For students enrolled in grade 8 in the 2005-2006 school year and later, only the
following options shall fulfill students' state graduation test requirements:

(1) for reading and mathematics:

(i) obtaining an achievement level equivalent to or greater than proficient as
determined through a standard setting process on the Minnesota comprehensive
assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing
score as determined through a standard setting process on the graduation-required
assessment for diploma in grade 10 for reading and grade 11 for mathematics or
subsequent retests;

(ii) achieving a passing score as determined through a standard setting process on the
state-identified language proficiency test in reading and the mathematics test for English
language learners or the graduation-required assessment for diploma equivalent of those
assessments for students designated as English language learners;

(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan;

(iv) obtaining achievement level equivalent to or greater than proficient as
determined through a standard setting process on the state-identified alternate assessment
or assessments in grade 10 for reading and grade 11 for mathematics for students with
an individual education plan; or

(v) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan; and

(2) for writing:

(i) achieving a passing score on the graduation-required assessment for diploma;

(ii) achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in writing for students designated as English
language learners;

(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan; or

(iv) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan.

(c) The 3rd through 8th grade and high school level test results shall be available
to districts for diagnostic purposes affecting student learning and district instruction and
curriculum, and for establishing educational accountability. The commissioner must
disseminate to the public the test results upon receiving those results.

(d) State tests must be constructed and aligned with state academic standards. Thenew text begin
commissioner shall determine thenew text end testing process and the order of administration deleted text begin shall be
determined by the commissionerdeleted text end . The statewide results shall be aggregated at the site and
district level, consistent with subdivision 1a.

(e) In addition to the testing and reporting requirements under this section, the
commissioner shall include the following components in the statewide public reporting
system:

(1) uniform statewide testing of all students in grades 3 through 8 and at the high
school level that provides appropriate, technically sound accommodations, alternate
assessments, or exemptions consistent with applicable federal law, only with parent or
guardian approval, for those very few students for whom the student's individual education
plan team under sections 125A.05 and 125A.06 determines that the general statewide test
is inappropriate for a student, or for a limited English proficiency student under section
124D.59, subdivision 2;

(2) educational indicators that can be aggregated and compared across school
districts and across time on a statewide basis, including average daily attendance, high
school graduation rates, and high school drop-out rates by age and grade level;

(3) state results on the American College Test; and

(4) state results from participation in the National Assessment of Educational
Progress so that the state can benchmark its performance against the nation and other
states, and, where possible, against other countries, and contribute to the national effort
to monitor achievement.

Subd. 1a.

Statewide and local assessments; results.

(a) The commissioner must
develop reading, mathematics, and science assessments aligned with state academic
standards that districts and sites must use to monitor student growth toward achieving
those standards. The commissioner must not develop statewide assessments for academic
standards in social studies, health and physical education, and the arts. The commissioner
must require:

(1) annual reading and mathematics assessments in grades 3 through 8 and at the
high school level for the 2005-2006 school year and later; and

(2) annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through deleted text begin 9deleted text end new text begin 8 new text end span, and a life sciences assessment in the grades deleted text begin 10deleted text end new text begin 9 new text end through 12
span for the 2007-2008 school year and later.

(b) The commissioner must ensure that all statewide tests administered to elementary
and secondary students measure students' academic knowledge and skills and not students'
values, attitudes, and beliefs.

(c) Reporting of assessment results must:

(1) provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;

(2) include, by no later than the 2008-2009 school year, anew text begin growth-basednew text end value-added
deleted text begin component that is in addition to a measure for student achievement growth over timedeleted text end new text begin
indicator of student achievement under section 120B.35, subdivision 3, paragraph (b)new text end ; and

(3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine
whether students have met the state's basic skills requirements; and

(ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine
whether students have met the state's academic standards.

(d) Consistent with applicable federal law and subdivision 1, paragraph (d), clause
(1), the commissioner must include appropriate, technically sound accommodations or
alternative assessments for the very few students with disabilities for whom statewide
assessments are inappropriate and for students with limited English proficiency.

(e) A school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
deleted text begin progress in achieving thedeleted text end new text begin proficiency in the context of the state's grade levelnew text end academic
standards. If a state assessment is not available, a school, school district, and charter
school must determine locally if a student has met the required academic standards. A
school, school district, or charter school may use a student's performance on a statewide
assessment as one of multiple criteria to determine grade promotion or retention. A
school, school district, or charter school may use a high school student's performance on a
statewide assessment as a percentage of the student's final grade in a course, or place a
student's assessment score on the student's transcript.

Subd. 2.

Department of Education assistance.

The Department of Education
shall contract for professional and technical services according to competitive bidding
procedures under chapter 16C for purposes of this section.

Subd. 3.

Reporting.

The commissioner shall report test data publicly and to
stakeholders, including the performance achievement levels developed from students'
unweighted test scores in each tested subject and a listing of demographic factors that
strongly correlate with student performance. The commissioner shall also report data that
compares performance results among school sites, school districts, Minnesota and other
states, and Minnesota and other nations. The commissioner shall disseminate to schools
and school districts a more comprehensive report containing testing information that
meets local needs for evaluating instruction and curriculum.

Subd. 4.

Access to tests.

The commissioner must adopt and publish a policy
to provide public and parental access for review of basic skills tests, Minnesota
Comprehensive Assessments, or any other such statewide test and assessment. Upon
receiving a written request, the commissioner must make available to parents or guardians
a copy of their student's actual responses to the test questions deleted text begin to be reviewed by the
parentdeleted text end new text begin for their reviewnew 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. 9.

Minnesota Statutes 2006, section 120B.31, as amended by Laws 2007, chapter
146, article 2, section 10, is amended to read:

120B.31 SYSTEM ACCOUNTABILITY AND STATISTICAL
ADJUSTMENTS.

Subdivision 1.

Educational accountability and public reporting.

Consistent
with the deleted text begin processdeleted text end new text begin directionnew text end to adopt deleted text begin a results-oriented graduation ruledeleted text end new text begin statewide academic
standardsnew text end under section 120B.02, the department, in consultation with education and other
system stakeholders, must deleted text begin establishdeleted text end new text begin maintainnew text end a coordinated and comprehensive system of
educational accountability and public reporting that promotes deleted text begin higherdeleted text end new text begin greaternew text end academic
achievementnew text begin , preparation for higher academic education, preparation for the world of
work, citizenship as outlined under sections 120B.021, subdivision 1, clause (4), and
120B.024, paragraph (a), clause (4), and the artsnew text end .

Subd. 2.

Statewide testing.

Each school year, all school districts shall give a
uniform statewide test to students at specified grades to provide information on the status,
needs and performance of Minnesota students.

Subd. 3.

Educational accountability.

(a) The Independent Office of Educational
Accountability, as authorized by Laws 1997, First Special Session chapter 4, article 5,
section 28, subdivision 2, is established, and shall be funded through the Board of Regents
of the University of Minnesota. The office shall advise the education committees of
the legislature and the commissioner of education, at least on a biennial basis, on the
degree to which the statewide educational accountability and reporting system includes a
comprehensive assessment framework that measures school accountability for students
achieving the goals described in the state's deleted text begin results-orienteddeleted text end new text begin high schoolnew text end graduation
rule. The office shall determine and annually report to the legislature whether and how
effectively:

(1) the statewide system of educational accountability deleted text begin utilizesdeleted text end new text begin usesnew text end multiple
indicators to provide valid and reliable comparative and contextual data on students,
schools, districts, and the state, and if not, recommend ways to improve the accountability
reporting system;

(2) the commissioner makes statistical adjustments when reporting student data over
time, consistent with clause (4);

(3) the commissioner uses deleted text begin indicators of student achievement growthdeleted text end new text begin a growth-based
value-added indicator of student achievementnew text end over time deleted text begin and a value-added assessment
modeldeleted text end that estimates the effects of the school and school district on student achievement to
measure school performance, consistent with section deleted text begin 120B.36, subdivision 1deleted text end new text begin 120B.35,
subdivision 3, paragraph (b)new text end ;

(4) the commissioner makes data available on students who do not pass one or more
of the state's required GRAD tests and do not receive a diploma as a consequence, and
categorizes these data according to gender, race, eligibility for free or reduced lunch, and
English language proficiency; and

(5) the commissioner fulfills the requirements under section 127A.095, subdivision 2.

(b) When the office reviews the statewide educational accountability and reporting
system, it shall also consider:

(1) the objectivity and neutrality of the state's educational accountability system; and

(2) the impact of a testing program on school curriculum and student learning.

Subd. 4.

Statistical adjustmentsnew text begin ; student performance datanew text end .

In deleted text begin developingdeleted text end
deleted text begin deleted text end new text begin managingnew text end policies and assessment processes to hold schools and districts accountable
for high levels of academic standards under section 120B.021, the commissioner shall
aggregate student data over time to report student performancenew text begin and growthnew text end levels
measured at the new text begin school, new text end school district, deleted text begin regional, ordeleted text end new text begin andnew text end statewide level. When collecting
and reporting thenew text begin performancenew text end data, the commissioner shall: (1) acknowledge the impact
of significant demographic factors such as residential instability, the number of single
parent families, parents' level of education, and parents' income level on school outcomes;
and (2) organize and report the data so that state and local policy makers can understand
the educational implications of changes in districts' demographic profiles over time. Any
report the commissioner disseminates containing summary data on student performance
must integrate student performance and the demographic factors that strongly correlate
with that performance.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2006, section 120B.35, as amended by Laws 2007, chapter
147, article 8, section 38, is amended to read:

120B.35 STUDENT ACADEMIC ACHIEVEMENT AND deleted text begin PROGRESSdeleted text end new text begin
GROWTHnew text end .

Subdivision 1.

deleted text begin Adequate yearly progress of schools and studentsdeleted text end new text begin School and
student indicators of growth and achievementnew text end .

The commissioner must deleted text begin develop
and implementdeleted text end new text begin maintainnew text end a system for measuring and reporting academic achievement
and individual student deleted text begin progressdeleted text end new text begin growthnew text end , consistent with the statewide educational
accountability and reporting system. Thenew text begin systemnew text end components deleted text begin of the systemdeleted text end must measure
the adequate yearly progress of schools and new text begin the growth of new text end individual students: students'
current achievement in schools under subdivision 2; and individual students' educational
deleted text begin progressdeleted text end new text begin growthnew text end over time under subdivision 3. The system also must include statewide
measures of student academic deleted text begin achievementdeleted text end new text begin growthnew text end that identify schools with high levels
of deleted text begin achievementdeleted text end new text begin growthnew text end , and also schools with low levels of deleted text begin achievementdeleted text end new text begin growthnew text end that need
improvement. When determining a school's effect, the data must include both statewide
measures of student achievement anddeleted text begin , to the extent annual tests are administered,deleted text end
indicators of achievement growth that take into account a student's prior achievement.
Indicators of achievement and prior achievement must be based on highly reliable
statewide or districtwide assessments. Indicators that take into account a student's prior
achievement must not be used to disregard a school's low achievement or to exclude
a school from a program to improve low achievement levels. deleted text begin The commissioner by
January 15, 2002, must submit a plan for integrating these components to the chairs of
the legislative committees having policy and budgetary responsibilities for elementary
and secondary education.
deleted text end

Subd. 2.

new text begin Expectations for federally mandated new text end student academic achievement.

(a) Each school year, a school district must determine if the student achievement levels
at each school site meet deleted text begin state and localdeleted text end new text begin federally mandatednew text end expectations. If student
achievement levels at a school site do not meet deleted text begin state and localdeleted text end new text begin federally mandatednew text end
expectations and the site has not made adequate yearly progress for two consecutive
school years, beginning with the 2001-2002 school year, the district must work with the
school site to adopt a plan to raise student achievement levels to meet deleted text begin state and localdeleted text end new text begin
federally mandatednew text end expectations. The commissioner of education shall establish student
academic achievement levelsnew text begin to comply with this paragraphnew text end .

(b) School sites identified as not meeting new text begin federally mandated new text end expectations must
develop continuous improvement plans in order to meet deleted text begin state and localdeleted text end new text begin federally mandatednew text end
expectations for student academic achievement. The department, at a district's request,
must assist the district and the school site in developing a plan to improve student
achievement. The plan must include parental involvement components.

(c) The commissioner must:

(1) deleted text begin provide assistance todeleted text end new text begin assistnew text end school sites and districts identified as not meeting
new text begin federally mandated new text end expectations; and

(2) provide technical assistance to schools that integrate student deleted text begin progressdeleted text end measures
deleted text begin under subdivision 3deleted text end in the school continuous improvement plan.

(d) The commissioner shall establish and maintain a continuous improvement Web
site designed to make data on every school and district available to parents, teachers,
administrators, community members, and the general public.

Subd. 3.

Student deleted text begin progress assessmentdeleted text end new text begin growth; other state measuresnew text end .

(a)
Thenew text begin state'snew text end educational assessment system deleted text begin componentdeleted text end measuring individual students'
educational deleted text begin progress must bedeleted text end new text begin growth isnew text end baseddeleted text begin , to the extent annual tests are administered,deleted text end
on indicators of achievement growth that show an individual student's prior achievement.
Indicators of achievement and prior achievement deleted text begin must bedeleted text end new text begin arenew text end based on highly reliable
statewide or districtwide assessments.

(b) The commissioner must deleted text begin identify effective models for measuring individual
student progress that enable a school district or school site to perform gains-based
analysis, including evaluating the effects of the teacher, school, and school district on
student achievement over time. At least one model must be a "value-added" assessment
model that reliably estimates those effects for classroom settings where a single teacher
teaches multiple subjects to the same group of students, for team teaching arrangements,
and for other teaching circumstances.deleted text end new text begin use a growth-based value-added system. The
commissioner must apply the state growth norm to students in grades 4 through 8
beginning in the 2008-2009 school year, consistent with section 120B.299, subdivision
6, initially benchmarking the state growth norm to 2006-2007 school year data. The
model must allow the user to:
new text end

new text begin (1) report student growth at and above the state norm; and
new text end

new text begin (2) for all student categories with a cell size of at least 20, 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. The model must measure the effects that teacher teams
within a grade, teacher teams across an entire grade, the school, and the school district
have on student growth.
new text end

(c) deleted text begin If a district has an accountability plan that includes gains-based analysis or
"value-added" assessment, the commissioner shall, to the extent practicable, incorporate
those measures in determining whether the district or school site meets expectations. The
department must coordinate with the district in evaluating school sites and continuous
improvement plans, consistent with best practicesdeleted text end new text begin If a district has an accountability
plan that includes other growth-based value-added analysis, the commissioner may, to
the extent practicable and consistent with this section, incorporate those measures in
determining whether the district or school site shows growth, including accelerated growthnew text end .

new text begin (d) 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:
new text end

new text begin (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 four-year colleges
and universities as determined by the Office of Higher Education under chapter 136A; and
new text end

new text begin (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.
new text end

new text begin 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.
new text end

new text begin (e) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must include summary data showing
students' average self-reported sense of school safety, engagement in school, and the
quality of students' relationship with teachers, administrators, and other students. The
commissioner must gather these data consistently from students in grade 4 or 5, in one
grade level in grades 6 through 8, and in one grade level in high school, as determined by
the commissioner in consultation with recognized and qualified experts.
new text end

Subd. 4.

Improving schools.

Consistent with the requirements of this section, the
commissioner of education must deleted text begin establish a second achievement benchmark to identify
improving schools. The commissioner must recommend todeleted text end new text begin annually report to the public
and new text end the legislature deleted text begin by February 15, 2002, indicators in addition to the achievement
benchmark for identifying improving schools, including an indicator requiring a school to
demonstrate ongoing successful use of best teaching practicesdeleted text end new text begin best practices learned from
those schools that demonstrate accelerated growth compared to the state growth normnew text end .

new text begin The commissioner also must use those learned best practices to provide additional
assistance and intervention support to a district or school site that does not meet either
federally mandated expectations or the state growth norm.
new text end

Subd. 5.

Improving graduation rates for students with emotional or behavioral
disorders.

(a) A district must develop strategies in conjunction with parents of students
with emotional or behavioral disorders and the county board responsible for implementing
sections 245.487 to 245.4889 to keep students with emotional or behavioral disorders in
school, when the district has a drop-out rate for students with an emotional or behavioral
disorder in grades 9 through 12 exceeding 25 percent.

(b) A district must develop a plan in conjunction with parents of students with
emotional or behavioral disorders and the local mental health authority to increase the
graduation rates of students with emotional or behavioral disorders. A district with a
drop-out rate for children with an emotional or behavioral disturbance in grades 9 through
12 that is in the top 25 percent of all districts shall submit a plan for review and oversight
to the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 3, paragraph (b), applies to students in the
2009-2010 school year and later. Subdivision 3, paragraph (d), applies to students in the
2010-2011 school year and later. Subdivision 3, paragraph (e), applies to high school
students in the 2009-2010 school year and later, and to students in any grades 4 through 8
in the 2010-2011 school year and later, consistent with the commissioner's grade level
determinations. Subdivision 4 applies in the 2011-2012 school year and later.
new text end

Sec. 11.

Minnesota Statutes 2006, section 120B.36, as amended by Laws 2007, chapter
146, article 2, section 11, is amended to read:

120B.36 SCHOOL ACCOUNTABILITY; APPEALS PROCESS.

Subdivision 1.

School performance report cards.

(a) The commissioner shall
deleted text begin use objective criteria based on levels of student performance todeleted text end report deleted text begin at leastdeleted text end student
academic performancenew text begin under section 120B.35, subdivision 2, the percentages of students
at and above the state growth norm under section 120B.35, subdivision 3, paragraph (b)new text end ,
school safetynew text begin and student engagement under section 120B.35, subdivision 3, paragraph
(e), rigorous coursework under section 120B.35, subdivision 3, paragraph (d)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, deleted text begin anddeleted text end staff
characteristicsnew text begin excluding salariesnew text end , deleted text begin with a value-added component added no later than
the 2008-2009 school yeardeleted text end new text begin student enrollment demographics, district mobility, and
extracurricular activitiesnew text end . deleted text begin The report must indicate a school's adequate yearly progress
status, and must not set any designations applicable to high- and low-performing schools
due solely to adequate yearly progress status.
deleted text end

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

(c) The commissioner must make available deleted text begin the firstdeleted text end performance report cards by
deleted text begin November 2003, and duringdeleted text end the beginning of each school year deleted text begin thereafterdeleted text end .

(d) A school or district may appeal its adequate yearly progress new text begin or other new text end status
new text begin determination new text end in writing to the commissioner within 30 days of receiving the notice of its
statusdeleted text begin .deleted text end new text begin determination. The commissioner must give the affected school or school district
notice and the opportunity for a hearing before an appeals advisory committee within 30
days after the commissioner receives the written appeal. The commissioner must notify
the school or district of the date, time, and place of the hearing at least 21 days before
the hearing date. Within 30 days after the hearing, the appeals advisory committee must
submit a written recommendation to the commissioner regarding whether to grant or
deny the appeal and include the reasons for its recommendation. The commissioner must
finally decide an appeal based on an objective evaluation and must make and transmit to
the school or district the commissioner's evaluation and final decision within 15 days of
receiving the advisory committee recommendation. The commissioner, after consulting
with the appeals advisory committee, may postpone the hearing date under special
circumstances. The appeals advisory committee is composed of five members:
new text end

new text begin (1) a representative of a statewide professional teachers' organization selected by the
organization;
new text end

new text begin (2) a representative of a statewide organization of school administrators selected
by the organization;
new text end

new text begin (3) a representative of a statewide parent and teachers organization selected by the
organization;
new text end

new text begin (4) a representative of a statewide commerce organization having a significant
interest in K-12 education selected by the organization; and
new text end

new text begin (5) a representative of a statewide school boards association selected by the
organization.
new text end

new text begin Membership terms and removal of members are governed by section 15.059, except
that the terms are three years. The commissioner may reimburse members for expenses
under section 15.059 only if federal funding is available for this purpose. The appeals
advisory committee does not expire.
new text end

new text begin The commissioner must seek the advice of the appeals advisory committee before
deciding an appeal.new text end The commissioner's decision to uphold or deny an appeal is final.

(e) School performance report deleted text begin cardsdeleted text end new text begin cardnew text end data are nonpublic data under section
13.02, subdivision 9, until not later than ten days after the appeal procedure described in
paragraph (d) concludes. The department shall annually post school performance report
cards to its public Web site no later than September 1.

new text begin Subd. 1a. new text end

new text begin GRAD test appeals. new text end

new text begin (a) Consistent with this subdivision, the
commissioner must collaborate with high school teachers, high school administrators,
parents of high school students, school district assessment directors, higher education
faculty with expertise in kindergarten through grade 12 education and assessment, and
other interested experts and stakeholders to establish a timely, transparent, and data-based
appeals process that allows school districts, at their discretion, to grant a diploma to high
school seniors in the 2008-2009, 2009-2010, and 2010-2011 school years who do not
receive a passing score on the state reading or math GRAD test.
new text end

new text begin (b) A high school student in the 2008-2009, 2009-2010, or 2010-2011 school year
who does not receive a passing score on the state reading or math GRAD test by April of
the student's senior year may appeal to the chief administrator of the high school where
the student is enrolled, in the form and manner the commissioner determines, requesting
that the school district grant the student a high school diploma without passing the reading
or math GRAD test. The high school administrator, in collaboration with teachers and
other school staff selected by the administrator, must formally decide whether or not to
grant the student a high school diploma based on multiple, well-understood measures of
student learning that measurement experts have determined to be valid and reliable and
that are available to the educators deciding whether or not to grant the student's request.
School district officials must use the data that form the bases of the student appeals under
this subdivision, where appropriate, to revise district curriculum to ensure that all students
have an equal opportunity to learn and provide appropriate academic intervention and
remediation to students who fail to pass the state's reading or math GRAD test.
new text end

new text begin (c) The commissioner must evaluate the effectiveness and impact of the appeals
process and recommend to the legislature by February 1, 2011, whether or not to continue
the appeals process under this subdivision. If the commissioner recommends continuing
this process, the commissioner also must recommend student performance levels for the
state reading and math GRAD tests and the appropriate indicators for school districts to
consider in deciding whether or not to grant a diploma to high school seniors who do not
receive a passing score on the state reading or math GRAD test.
new text end

Subd. 2.

Adequate yearly progress data.

All data the department receives,
collects, or creates deleted text begin for purposes of determiningdeleted text end new text begin to determinenew text end adequate yearly progress
deleted text begin designationsdeleted text end new text begin statusnew text end under Public Law 107-110, section 1116,new text begin set state growth norms, and
determine student growthnew text end are nonpublic data under section 13.02, subdivision 9, until not
later than ten days after the appeal procedure described in subdivision 1, paragraph (d),
concludes. Districts must provide parents sufficiently detailed summary data to permit
parents to appeal under Public Law 107-110, section 1116(b)(2). The department shall
annually postnew text begin federally mandatednew text end adequate yearly progress datanew text begin and state student growth
datanew text end to its public Web site no later than September 1.

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2006, section 120B.362, is amended to read:

120B.362 new text begin GROWTH-BASED new text end VALUE-ADDED ASSESSMENT PROGRAM.

deleted text begin (a)deleted text end The commissioner of education must implement a new text begin growth-based new text end value-added
assessment program to assist school districts, public schools, and charter schools in
assessing and reporting individual students' growth in academic achievement under section
120B.30, subdivision 1a. The program must use assessments of individual students'
academic achievement to make longitudinal comparisons of each student's academic
growth over time. deleted text begin School districts, public schools, and charter schools may apply to the
commissioner to participate in the initial trial program using a form and in the manner the
commissioner prescribes. The commissioner must select program participants from urban,
suburban, and rural areas throughout the state.
deleted text end

deleted text begin (b) The commissioner may issue a request for proposals to contract with an
organization that provides a value-added assessment model that reliably estimates school
and school district effects on students' academic achievement over time. The model the
commissioner selects must accommodate diverse data and must use each student's test
data across grades. Data on individual teachers generated under the model are personnel
data under section 13.43.
deleted text end

deleted text begin (c) The contract under paragraph (b) must be consistent with the definition of "best
value" under section 16C.02, subdivision 4.
deleted 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. 13.

Minnesota Statutes 2006, section 121A.55, is amended to read:

121A.55 POLICIES TO BE ESTABLISHED.

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

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

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

new text begin (d) Each school district must include in the student policies it annually disseminates
to students and their parents an expectation that students cooperate with educators and,
as educators and circumstances direct, provide information to educators on school
disciplinary, classroom, and other education and school matters, consistent with the due
process provisions of the Pupil Fair Dismissal Act. For purposes of this paragraph, the
requirements of section 13.04 apply only when a school administrator asks a student to
provide information that the school administrator reasonably believes may lead to the
student's expulsion. Notwithstanding section 13.05, subdivision 4, educators may use the
private and confidential data on students they collect under this paragraph, consistent with
the requirements governing educational data under section 13.32.
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. 14.

Minnesota Statutes 2006, section 122A.07, subdivision 2, is amended to read:

Subd. 2.

Eligibility; board composition.

Except for the representatives of higher
education and the public, to be eligible for appointment to the Board of Teaching a person
must be a teacher currently teaching in a Minnesota school and fully licensed for the
position held and have at least five years teaching experience in Minnesota, including the
two years immediately preceding nomination and appointment. Each nominee, other than
a public nominee, must be selected on the basis of professional experience and knowledge
of teacher education, accreditation, and licensure. The board must be composed of:

(1) six teachers who are currently teaching in a Minnesota schoolnew text begin or who were
teaching at the time of the appointmentnew text end , at least four of whom must be teaching in a
public school;

(2) one higher education representative, who must be a faculty member preparing
teachers;

(3) one school administrator; and

(4) three members of the public, two of whom must be present or former members
of school boards.

Sec. 15.

Minnesota Statutes 2006, section 122A.07, subdivision 3, is amended to read:

Subd. 3.

Vacant position.

new text begin With the exception of a teacher who retires from teaching
during the course of completing a board term, new text end the position of a member who leaves
Minnesota or whose employment status changes to a category different from that from
which appointed is deemed vacant.

Sec. 16.

Minnesota Statutes 2006, 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 successfully complete a skills
examination in reading, writing, and mathematics as a requirement for initial teacher
licensure. 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 shall 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.new text begin
The board must require that persons enrolled in a teacher preparation program receive
instruction in historical and cultural competencies related to Minnesota American
Indian tribes and communities and their contributions to Minnesota, consistent with
sections 120B.021, subdivision 1, and 124D.71 to 124D.82. The competencies related
to Minnesota American Indian tribes and communities must include, among other
components, standards for instructional practices most effective for successfully teaching
elementary and secondary American Indian students.
new text end

(e) The board must adopt rules requiring successful completion of an examination
of general pedagogical knowledge and examinations of licensure-specific teaching
skills. The rules shall be effective on the dates determined by the board but not later
than September 1, 2001.

(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.

(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.

(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
in understanding the key warning signs of early-onset mental illness in children and
adolescents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2008-2009 school year and
later.
new text end

Sec. 17.

Minnesota Statutes 2006, section 122A.14, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Gifted and talented preparation. new text end

new text begin A university approved by the board to
prepare candidates for administrative licensure must provide candidates, as part of the
traditional and alternative preparation programs, the opportunity to acquire competency in
administering gifted and talented services.
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 candidates who enroll in either a traditional or an alternative preparation
administrator licensure program after August 15, 2009.
new text end

Sec. 18.

Minnesota Statutes 2006, section 122A.14, is amended by adding a
subdivision to read:

new text begin Subd. 2c. new text end

new text begin Gifted and talented preparation; board review. new text end

new text begin (a) The board must
periodically review and approve traditional and alternative preparation sequences for
school administrators and the sequence of competencies in administering gifted and
talented student programs and services.
new text end

new text begin (b) The board also may advise a university on developing and implementing
continuing education programs focused on building competencies for administering gifted
and talented programs and other gifted services.
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. 19.

Minnesota Statutes 2006, section 122A.18, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Gifted and talented preparation; board review. new text end

new text begin (a) A college or
university with a teacher preparation program approved by the board must provide teacher
candidates with the opportunity to acquire competency in recognizing gifted students and
in providing classroom instruction to gifted and talented students.
new text end

new text begin (b) The board must periodically review and approve traditional and alternative
sequences for teacher candidates in recognizing gifted students and in providing classroom
instruction to gifted and talented students.
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 teacher candidates who enroll in either a traditional or an alternative
preparation teacher licensure program after September 1, 2009.
new text end

Sec. 20.

Minnesota Statutes 2006, section 122A.60, is amended to read:

122A.60 STAFF DEVELOPMENT PROGRAM.

Subdivision 1.

Staff development committee.

A school board must use the revenue
authorized in section 122A.61 for deleted text begin in-servicedeleted text end education deleted text begin fordeleted text end programs under section
120B.22, subdivision 2, or for staff development plans under this section. The board
must establish an advisory staff development committee to develop the plan, assist site
professional development teams in developing a site plan consistent with the goals of the
plan, and evaluate staff development efforts at the site level. A majority of the advisory
committee and the site professional development team must be teachers representing
various grade levels, subject areas, and special education. The advisory committee must
also include nonteaching staff, parents, and administrators.

Subd. 1a.

Effective staff development activities.

(a) Staff development activities
mustnew text begin be aligned with the district and school site staff development plans, based on student
achievement data, focused on student learning goals, and used in the classroom setting.
Activities mustnew text end :

(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 new text begin regular new text end opportunities for teachers to use student data as part of their
daily work to increase student achievement;

(4) enhance teacher content knowledge and instructional skills;

(5) align with state and local academic standards;

(6) provide new text begin job-embedded or integrated professional development new text end opportunities
new text begin during teacher contract day new text end to build professional relationships, foster collaboration among
principals and staff deleted text begin who provide instructiondeleted text end new text begin to identify instructional strategies to meet
student learning goals, plan for instruction, practice new teaching strategies, review
the results of implementing strategiesnew text end , and provide opportunities for teacher-to-teacher
new text begin coaching and new text end mentoring; and

(7) align with the plan of the district or site for an alternative teacher professional
pay system.

Staff development activities may new text begin also new text end 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.

Subd. 2.

Contents of the plan.

The plan must new text begin be based on student achievement and
new text end include new text begin student learning goals, new text end 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.

Subd. 3.

Staff development outcomes.

The advisory staff development committee
must adopt a staff development plan for new text begin increasing teacher effectiveness and new text end 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 usingnew text begin research-basednew text end best practices methods;

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

(3) provide an inclusive curriculum for a racially, ethnically, 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 districtnew text begin or in their first five years of teachingnew text end ;

(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; and

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

Subd. 4.

Staff development report.

(a) By October deleted text begin 15deleted text end new text begin 1 new text end of each year, the district
and site staff development committees shall write and submit a report of staff development
activities and expenditures for the previous year, in the form and manner determined by
the commissioner. The report, signed by the district superintendent and staff development
chair, must include assessment and evaluation data indicating progress toward district and
site staff development goals based on teaching and learning outcomes, including the
percentage of teachers and other staff involved in instruction who participate in effective
staff development activities under subdivision 3.

(b) The report must break down expenditures for:

(1) curriculum development and curriculum training programs; and

(2) staff development training models, workshops, and conferences, and the cost of
releasing teachers or providing substitute teachers for staff development purposes.

The report also must indicate whether the expenditures were incurred at the district
level or the school site level, and whether the school site expenditures were made possible
by grants to school sites that demonstrate exemplary use of allocated staff development
revenue. These expenditures must be reported using the uniform financial and accounting
and reporting standards.

(c) The commissioner shall report the staff development progress and expenditure
data to the house of representatives and senate committees having jurisdiction over
education by February 15 each year.

Sec. 21.

Minnesota Statutes 2006, section 122A.61, subdivision 1, is amended to read:

Subdivision 1.

Staff development revenue.

A district is required to reserve
an amount equal to at least two percent of the basic revenue under section 126C.10,
subdivision 2, for deleted text begin in-servicedeleted text end education deleted text begin fordeleted text end programs under section 120B.22, subdivision 2,
deleted text begin fordeleted text end new text begin with the primary purpose of creating and implementing district and school site new text end staff
development plansdeleted text begin , includingdeleted text end new text begin . Funds may also be used to supportnew text end plans for challenging
instructional activities and experiences under section 122A.60, and for curriculum
development and programs, deleted text begin other in-service education,deleted text end teachers' workshops, teacher
conferences, the cost of substitute teachers staff development purposes, preservice and
in-service education for special education professionals and paraprofessionals, and other
related costs for staff development efforts. A district may annually waive the requirement
to reserve their basic revenue under this section if a majority vote of the licensed teachers
in the district and a majority vote of the school board agree to a resolution to waive the
requirement. A district in statutory operating debt is exempt from reserving basic revenue
according to this section. Districts may expend an additional amount of unreserved
revenue for staff development based on their needs. With the exception of amounts
reserved for staff development from revenues allocated directly to school sites, the board
must initially allocate 50 percent of the reserved revenue to each school site in the district
on a per teacher basis, which must be retained by the school site until used. The board may
retain 25 percent to be used for district wide staff development efforts. The remaining
25 percent of the revenue must be used to make grants to school sites for best practices
methods. A grant may be used for any purpose authorized under section 120B.22,
subdivision 2, 122A.60, or for the costs of curriculum development and programs,
deleted text begin other deleted text end deleted text begin in-service education,deleted text end teachers' workshops, teacher conferences, substitute teachers
for staff development purposes, and other staff development efforts, and determined by
the site professional development team. The site professional development team must
demonstrate to the school board the extent to which staff at the site have met the outcomes
of the program. The board may withhold a portion of initial allocation of revenue if the
staff development outcomes are not being met.

Sec. 22.

Minnesota Statutes 2006, section 122A.75, subdivision 1, is amended to read:

Subdivision 1.

Services.

An Administrators Academy is established. The academy
shall provide at least the following services:

(1) an administrator assessment that results in an individual professional
development plan;

(2) research and development assistance that provides current research and data
of interest to administrators; deleted text begin and
deleted text end

(3) brokerage assistance to provide services and resources to help administrators
with needs identified in their individual professional development plannew text begin ; and
new text end

new text begin (4) the opportunity for administrators to acquire competency in administering gifted
and talented services, consistent with section 122A.14, subdivision 2cnew 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 administrators participating in an administrators academy program after
August 1, 2009.
new text end

Sec. 23.

Minnesota Statutes 2006, section 123B.03, subdivision 1, is amended to read:

Subdivision 1.

Background check required.

(a) A school hiring authority, as
defined in subdivision 3, shall request a criminal history background check from the
superintendent of the Bureau of Criminal Apprehension on all individuals who are
offered employment in the school, as defined in subdivision 3. In order to be eligible for
employment, an individual who is offered employment must provide an executed criminal
history consent form and a money order or check payable to either the Bureau of Criminal
Apprehension or the school hiring authority, at the election of the school hiring authority,
in an amount equal to the actual cost to the Bureau of Criminal Apprehension and the
school district of conducting the criminal history background check. A school hiring
authority electing to receive payment may, at its discretion, accept payment in the form of
a negotiable instrument other than a money order or check and shall pay the superintendent
of the Bureau of Criminal Apprehension directly to conduct the background check. The
superintendent of the Bureau of Criminal Apprehension shall conduct the background
check by retrieving criminal history data maintained in the criminal justice information
system computers. A school hiring authority, at its discretion, may elect not to request a
criminal history background check on an individual who holds an initial entrance license
issued by the State Board of Teaching or the commissioner of education within the 12
months preceding an offer of employment.

(b) A school hiring authority may use the results of a criminal background check
conducted at the request of another school hiring authority if:

(1) the results of the criminal background check are on file with the other school
hiring authority or otherwise accessible;

(2) the other school hiring authority conducted a criminal background check within
the previous 12 months;

(3) the individual who is the subject of the criminal background check executes a
written consent form giving a school hiring authority access to the results of the check; and

(4) there is no reason to believe that the individual has committed an act subsequent
to the check that would disqualify the individual for employment.

(c) A school hiring authority may, at its discretion, request a criminal history
background check from the superintendent of the Bureau of Criminal Apprehension on
any individual who seeks to enter a school or its grounds for the purpose of serving as a
school volunteer or working as an independent contractor or student employee. In order
for an individual to enter a school or its grounds under this paragraph when the school
hiring authority elects to request a criminal history background check on the individual,
the individual first must provide an executed criminal history consent form and a money
order, check, or other negotiable instrument payable to the school district in an amount
equal to the actual cost to the Bureau of Criminal Apprehension and the school district
of conducting the criminal history background check. Notwithstanding section 299C.62,
subdivision 1, the cost of the criminal history background check under this paragraph is
the responsibility of the individual.

(d) For all nonstate residents who are offered employment in a school, a school
hiring authority shall request a criminal history background check on such individuals
from the superintendent of the Bureau of Criminal Apprehension and from the government
agency performing the same function in the resident state or, if no government entity
performs the same function in the resident state, from the Federal Bureau of Investigation.
Such individuals must provide an executed criminal history consent form and a money
order, check, or other negotiable instrument payable to the school hiring authority in an
amount equal to the actual cost to the government agencies and the school district of
conducting the criminal history background check. Notwithstanding section 299C.62,
subdivision 1, the cost of the criminal history background check under this paragraph is
the responsibility of the individual.

new text begin (e) Consistent with the terms in paragraph (a), a school hiring authority, as defined in
subdivision 3, shall request a criminal history background check from the superintendent
of the Bureau of Criminal Apprehension on an individual who elects to provide athletic
coaching services or other extracurricular or cocurricular services to a district, regardless
of the terms of the service.
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. 24.

Minnesota Statutes 2006, section 123B.03, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Investigation of disciplinary actions taken against prospective
teachers. new text end

new text begin At the time a school hiring authority conducts the criminal history background
check required under subdivision 1 on an individual offered employment as a teacher, the
school hiring authority must contact the Board of Teaching to determine whether the
board has taken disciplinary action against the teacher based on a board determination
that inappropriate sexual conduct or attempted inappropriate sexual conduct occurred
between the teacher and a student. If disciplinary action has been taken based on this type
of conduct, the school hiring authority must obtain access to data that are public under
sections 13.41, subdivision 5, and 13.43, subdivision 2, that relate to the substance of the
disciplinary action. In addition, the school hiring authority must require the individual
to provide information in the employment application regarding all current and previous
disciplinary actions in Minnesota and other states taken against the individual's teaching
license as a result of inappropriate sexual conduct or attempted inappropriate sexual
conduct with a student and indicate to the applicant that intentionally submitting false or
incomplete information is a ground for dismissal.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 1, 2009.
new text end

Sec. 25.

Minnesota Statutes 2006, section 123B.03, subdivision 2, is amended to read:

Subd. 2.

Conditional hiring; discharge.

A school hiring authority may hire
an individual pending completion of a background check under subdivision 1 new text begin or an
investigation of disciplinary actions under subdivision 1a new text end but shall notify the individual
that the individual's employment may be terminated based on the result of the background
checknew text begin or investigationnew text end . A school hiring authority is not liable for failing to hire or for
terminating an individual's employment based on the result of a background check new text begin or
investigation new text end under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 1, 2009.
new text end

Sec. 26.

Minnesota Statutes 2007 Supplement, section 123B.143, subdivision 1,
is amended to read:

Subdivision 1.

Contract; duties.

All districts maintaining a classified secondary
school must employ a superintendent who shall be an ex officio nonvoting member of the
school board. The authority for selection and employment of a superintendent must be
vested in the board in all cases. An individual employed by a board as a superintendent
shall have an initial employment contract for a period of time no longer than three years
from the date of employment. Any subsequent employment contract must not exceed a
period of three years. A board, at its discretion, may or may not renew an employment
contract. A board must not, by action or inaction, extend the duration of an existing
employment contract. Beginning 365 days prior to the expiration date of an existing
employment contract, a board may negotiate and enter into a subsequent employment
contract to take effect upon the expiration of the existing contract. A subsequent contract
must be contingent upon the employee completing the terms of an existing contract. If a
contract between a board and a superintendent is terminated prior to the date specified in
the contract, the board may not enter into another superintendent contract with that same
individual that has a term that extends beyond the date specified in the terminated contract.
A board may terminate a superintendent during the term of an employment contract for any
of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
not rely upon an employment contract with a board to assert any other continuing contract
rights in the position of superintendent under section 122A.40. Notwithstanding the
provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
to the contrary, no individual shall have a right to employment as a superintendent based
on order of employment in any district. If two or more districts enter into an agreement for
the purchase or sharing of the services of a superintendent, the contracting districts have
the absolute right to select one of the individuals employed to serve as superintendent
in one of the contracting districts and no individual has a right to employment as the
superintendent to provide all or part of the services based on order of employment in a
contracting district. The superintendent of a district shall perform the following:

(1) visit and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;

(2) recommend to the board employment and dismissal of teachers;

(3) superintend school grading practices and examinations for promotions;

(4) make reports required by the commissioner;new text begin and
new text end

(5) deleted text begin by January 10, submit an annual report to the commissioner in a manner
prescribed by the commissioner, in consultation with school districts, identifying the
expenditures that the district requires to ensure an 80 percent student passage rate on
the MCA-IIs taken in the eighth grade, identifying the highest student passage rate the
district expects it will be able to attain on the MCA-IIs by grade 12, and the amount of
expenditures that the district requires to attain the targeted student passage rate; and
deleted text end

deleted text begin (6)deleted text end perform other duties prescribed by the board.

new text begin EFFECTIVE DATE. new text end

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

Sec. 27.

Minnesota Statutes 2006, section 123B.51, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin Temporary closing. new text end

new text begin A school district that proposes to temporarily close a
schoolhouse or that intends to lease the facility to another entity for use as a schoolhouse
for three or fewer years is not subject to subdivision 5 if the school board holds a public
meeting and allows public comment on the schoolhouse's future.
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. 28.

Minnesota Statutes 2007 Supplement, section 124D.095, subdivision 4,
is amended to read:

Subd. 4.

Online learning parameters.

(a) An online learning student must receive
academic credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student must be counted toward the
graduation and credit requirements of the enrolling district. An online learning provider
must make available to the enrolling district the course syllabus, standard alignment,
content outline, assessment requirements, and contact information for supplemental online
courses taken by students in the enrolling district. The enrolling district must apply the
same graduation requirements to all students, including online learning students, and
must continue to provide nonacademic services to online learning students. If a student
completes an online learning course or program that meets or exceeds a graduation
standard or grade progression requirement at the enrolling district, that standard or
requirement is met. The enrolling district must use the same criteria for accepting online
learning credits or courses as it does for accepting credits or courses for transfer students
under section 124D.03, subdivision 9. The enrolling district may reduce the course
schedule of an online learning student in proportion to the number of online learning
courses the student takes from an online learning provider that is not the enrolling district.

(b) An online learning student may:

(1) enroll in supplemental online learning courses during a single school year to a
maximum of 50 percent of the student's full schedule of courses per term. A student may
exceed the supplemental online learning registration limit if the enrolling district grants
permission for supplemental online learning enrollment above the limit, or if an agreement
is made between the enrolling district and the online learning provider for instructional
services;

(2) complete course work at a grade level that is different from the student's current
grade level; and

(3) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for payment of any tuition or course fees.

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

(d) An enrolling district may offer online learning to its enrolled students.
Such online learning does not generate online learning funds under this section.
new text begin Notwithstanding paragraph (e), new text end an enrolling district that offers online learning only to its
enrolled students is not subject to the reporting requirements or review criteria under
subdivision 7new text begin , unless the enrolling district is a full-time online providernew text end . A teacher with a
Minnesota license must assemble and deliver instruction to enrolled students receiving
online learning from an enrolling district. The delivery of instruction occurs when the
student interacts with the computer or the teacher and receives ongoing assistance and
assessment of learning. The instruction may include curriculum developed by persons
other than a teacher with a Minnesota license.

(e) An online learning provider deleted text begin that is not the enrolling districtdeleted text end is subject to
the reporting requirements and review criteria under subdivision 7. A teacher with a
Minnesota license must assemble and deliver instruction to online learning students. The
delivery of instruction occurs when the student interacts with the computer or the teacher
and receives ongoing assistance and assessment of learning. The instruction may include
curriculum developed by persons other than a teacher with a Minnesota license. Unless
the commissioner grants a waiver, a teacher providing online learning instruction must not
instruct more than 40 students in any one online learning course or program.

(f) To enroll in more than 50 percent of the student's full schedule of courses per term
in online learning, the student must qualify to exceed the supplemental online learning
registration limit under paragraph (b) or apply for enrollment to an approved full-time
online learning program following appropriate procedures in subdivision 3, paragraph (a).
Full-time online learning students may enroll in classes at a local school per contract for
instructional services between the online learning provider and the school district.

Sec. 29.

Minnesota Statutes 2006, section 124D.10, subdivision 2a, is amended to read:

Subd. 2a.

Charter School Advisory Council.

(a) A Charter School Advisory
Council is established under section 15.059 except that the term for each council member
shall be three years. The advisory council is composed of seven members from throughout
the state who have demonstrated experience with or interest in charter schools. The
members of the council shall be appointed by the commissioner. The advisory council
shall bring to the attention of the commissioner any matters related to charter schools
that the council deems necessary and shall:

(1) encourage school boards to make full use of charter school opportunities;

(2) encourage the creation of innovative schools;

(3) provide leadership and support for charter school sponsors to increase the
innovation in and the effectiveness, accountability, and fiscal soundness of charter schools;

(4) serve an ombudsman function in facilitating the operations of new and existing
charter schools;

(5) promote timely financial management training for newly elected members of
a charter school board of directors and ongoing training for other members of a charter
school board of directors; and

(6) facilitate compliance with auditing and other reporting requirements. The
advisory council shall refer all its proposals to the commissioner who shall provide time
for reports from the council.

(b) The Charter School Advisory Council under this subdivision deleted text begin expires June 30,
2007deleted text end new text begin does not expire and the expiration date provided in section 15.059, subdivision
5, does not apply to this sectionnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from June 30, 2007.
new text end

Sec. 30.

Minnesota Statutes 2007 Supplement, section 124D.10, subdivision 4, is
amended to read:

Subd. 4.

Formation of school.

(a) A sponsor may authorize one or more licensed
teachers under section 122A.18, subdivision 1, to operate a charter school subject to
approval by the commissioner. A board must vote on charter school application for
sponsorship no later than 90 days after receiving the application. The school must be
organized and operated as a cooperative under chapter 308A or nonprofit corporation
under chapter 317A and the provisions under the applicable chapter shall apply to the
school except as provided in this section. Notwithstanding sections 465.717 and 465.719,
a school district may create a corporation for the purpose of creating a charter school.

(b) Before the operators may form and operate a school, the sponsor must file an
affidavit with the commissioner stating its intent to authorize a charter school. The
affidavit must new text begin demonstrate the sponsor's ability to fulfill the responsibilities of a sponsor
andnew text end state the terms and conditions under which the sponsor would authorize a charter
school and how the sponsor intends to oversee the fiscal and student performance of the
charter school and to comply with the terms of the written contract between the sponsor
and the charter school board of directors under subdivision 6new text begin in the form and manner
prescribed by the commissioner. The sponsor must submit an affidavit to the commissioner
for each charter school it proposes to authorizenew text end . The commissioner must approve or
disapprove the sponsor's proposed authorization within 90 days of receipt of the affidavit.
Failure to obtain commissioner approval precludes a sponsor from authorizing the charter
school that was the subject of the affidavit.

(c) The operators authorized to organize and operate a school, before entering into a
contract or other agreement for professional or other services, goods, or facilities, must
incorporate as a cooperative under chapter 308A or as a nonprofit corporation under
chapter 317A and must establish a board of directors composed of at least five new text begin nonrelatednew text end
members until a timely election for members of the charter school board of directors is
held according to the school's articles and bylaws. A charter school board of directors
must be composed of at least five members. Any staff members who are employed at the
school, including teachers providing instruction under a contract with a cooperative, and
all parents of children enrolled in the school deleted text begin maydeleted text end new text begin are eligible tonew text end participate in the election
for members of the school's board of directors. Licensed teachers employed at the school,
including teachers providing instruction under a contract with a cooperative, must be a
majority of the members of the board of directors before the school completes its third
year of operation, unless the commissioner waives the requirement for a majority of
licensed teachers on the board. Board of director meetings must comply with chapter 13D.

(d) The granting or renewal of a charter by a sponsoring entity must not be
conditioned upon the bargaining unit status of the employees of the school.

new text begin (e) The granting or renewal of a charter school by a sponsor must not be contingent
on the charter school being required to contract, lease, or purchase services from the
sponsor. A sponsor is prohibited from entering into a contract to provide management or
financial services for a school that it is authorized to sponsor.
new text end

deleted text begin (e)deleted text end new text begin (f)new text end A sponsor may authorize the operators of a charter school to expand the
operation of the charter school to additional sites or to add additional grades at the school
beyond those described in the sponsor's application as approved by the commissioner only
after submitting a supplemental application to the commissioner in a form and manner
prescribed by the commissioner. The supplemental application must provide evidence that:

(1) the expansion of the charter school is supported by need and projected enrollment;

(2) the charter school is fiscally sound;

(3) the sponsor supports the expansion; and

(4) the building of the additional site meets all health and safety requirements to
be eligible for lease aid.

deleted text begin (f)deleted text end new text begin (g)new text end The commissioner annually must provide timely financial management
training to newly elected members of a charter school board of directors and ongoing
training to other members of a charter school board of directors. Training must address
ways to:

(1) proactively assess opportunities for a charter school to maximize all available
revenue sources;

(2) establish and maintain complete, auditable records for the charter school;

(3) establish proper filing techniques;

(4) document formal actions of the charter school, including meetings of the charter
school board of directors;

(5) properly manage and retain charter school and student records;

(6) comply with state and federal payroll record-keeping requirements; and

(7) address other similar factors that facilitate establishing and maintaining complete
records on the charter school's operations.

Sec. 31.

Minnesota Statutes 2006, section 124D.10, subdivision 4a, is amended to read:

Subd. 4a.

Conflict of interest.

(a) A member of a charter school board of directors
is prohibited from serving as a member of the board of directors or as an employee or agent
of or a contractor with a for-profit entity with whom the charter school contracts, directly
or indirectly, for professional services, goods, or facilities. A violation of this prohibition
renders a contract voidable at the option of the commissioner. new text begin The commissioner may
reduce a charter school's state aid under section 127A.42 if the charter school board fails
to correct a violation under this subdivision in a timely manner. new text end A member of a charter
school board of directors who violates this prohibition shall be individually liable to the
charter school for any damage caused by the violation.

(b) An individual may serve as a member of the board of directors if no conflict of
interest under paragraph (a) exists.

(c) A member of a charter school board of directors that serves as a member of the
board of directors or as an employee or agent of or a contractor with a nonprofit entity
with whom the charter school contracts, directly or indirectly, for professional services,
goods, or facilities, must disclose all potential conflicts to the commissioner.new text begin A violation
of this requirement makes a contract voidable at the option of the commissioner. The
commissioner may reduce a charter school's aid under section 127A.42 if the charter
school fails to correct a violation under this subdivision in a timely manner.
new text end

(d) The conflict of interest provisions under this subdivision do not apply to
compensation paid to a teacher employed by the charter school who also serves as a
member of the board of directors.

(e) The conflict of interest provisions under this subdivision do not apply to a teacher
who provides services to a charter school through a cooperative formed under chapter
308A when the teacher also serves on the charter school board of directors.

Sec. 32.

Minnesota Statutes 2006, section 124D.10, subdivision 6, is amended to read:

Subd. 6.

Contract.

The sponsor's authorization for a charter school must be in the
form of a written contract signed by the sponsor and the board of directors of the charter
school. The contract must be completed within 90 days of the commissioner's approval
of the sponsor's proposed authorization. The contract for a charter school must be in
writing and contain at least the following:

(1) a description of a program that carries out one or more of the purposes in
subdivision 1;

(2) specific outcomes pupils are to achieve under subdivision 10;

(3) admission policies and procedures;

(4) management and administration of the school;

(5) requirements and procedures for program and financial audits;

(6) how the school will comply with subdivisions 8, 13, 16, and 23;

(7) assumption of liability by the charter school;

(8) types and amounts of insurance coverage to be obtained by the charter school;

(9) the term of the contract, which may be up to three years;

(10) deleted text begin ifdeleted text end new text begin hownew text end the board of directors or the operators of the charter school new text begin will new text end provide
special instruction and services for children with a disability under sections 125A.03
to 125A.24, and 125A.65, a description of the financial parameters within which the
charter school will operate to provide the special instruction and services to children
with a disability; and

(11) the process and criteria the sponsor intends to use to monitor and evaluate the
fiscal and student performance of the charter school, consistent with subdivision 15.

Sec. 33.

Minnesota Statutes 2006, section 124D.10, subdivision 6a, is amended to read:

Subd. 6a.

Audit report.

new text begin (a) new text end The charter school must submit an audit report to the
commissioner by December 31 each year.

new text begin (b) new text end The charter school, with the assistance of the auditor conducting the audit, must
include with the report a copy of all charter school agreements for corporate management
services. If the entity that provides the professional services to the charter school is
exempt from taxation under section 501 of the Internal Revenue Code of 1986, that entity
must file with the commissioner by February 15 a copy of the annual return required under
section 6033 of the Internal Revenue Code of 1986.

new text begin (c) new text end If the commissioner receives deleted text begin as part of thedeleted text end new text begin an new text end audit report deleted text begin a management letterdeleted text end
indicating that a material weakness exists in the financial reporting systems of a charter
school, the charter school must submit a written report to the commissioner explaining
how the material weakness will be resolved.

new text begin (d) new text end Upon the request of an individual, the charter school must make available in a
timely fashion the minutes of meetings of members, the board of directors, and committees
having any of the authority of the board of directors, and statements showing the financial
result of all operations and transactions affecting income and surplus during the school's
last annual accounting period and a balance sheet containing a summary of its assets and
liabilities as of the closing date of the accounting period.

Sec. 34.

Minnesota Statutes 2006, section 124D.10, subdivision 7, is amended to read:

Subd. 7.

Public status; exemption from statutes and rules.

A charter school is a
public school and is part of the state's system of public education. deleted text begin Except as provided in
this section, a charter school is exempt from all statutes and rules applicable to a school,
a board, or a district, although it may elect to comply with one or more provisions of
statutes or rules.deleted text end new text begin A charter school is exempt from all statutes and rules applicable to
a school, school board, or school district unless a statute or rule is made specifically
applicable to a charter school.
new text end

Sec. 35.

Minnesota Statutes 2006, section 124D.10, subdivision 8, is amended to read:

Subd. 8.

State and local requirements.

(a) A charter school shall meet all
deleted text begin applicabledeleted text end new text begin federal, new text end statenew text begin ,new text end and local health and safety requirementsnew text begin applicable to school
districtsnew text end .

(b) A school sponsored by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.

(c) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. A sponsor may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution.

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

(e) The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.

(f) A charter school may not charge tuition.

(g) A charter school is subject to and must comply with chapter 363A and section
121A.04.

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

(i) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district. Audits must be conducted in compliance with generally
accepted governmental auditing standards, the Federal Single Audit Act, if applicable,
and section 6.65. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5;
471.38; 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13,
and 15; 471.881; and 471.89. The audit must comply with the requirements of sections
123B.75 to 123B.83, except to the extent deviations are necessary because of the program
at the school. Deviations must be approved by the commissioner. The Department
of Education, state auditor, or legislative auditor may conduct financial, program, or
compliance audits. A charter school determined to be in statutory operating debt under
sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.

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

(k) A charter school must comply with sections 13.32; 120A.22, subdivision 7;
121A.75; and 260B.171, subdivisions 3 and 5.

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

Sec. 36.

Minnesota Statutes 2006, section 124D.10, subdivision 23, is amended to read:

Subd. 23.

Causes for nonrenewal or termination of charter school contract.

(a) The duration of the contract with a sponsor must be for the term contained in the
contract according to subdivision 6. The sponsor may or may not renew a contract at
the end of the term for any ground listed in paragraph (b). A sponsor may unilaterally
terminate a contract during the term of the contract for any ground listed in paragraph (b).
At least 60 days before not renewing or terminating a contract, the sponsor shall notify the
board of directors of the charter school of the proposed action in writingnew text begin by registered
mailnew text end . The notice shall state the grounds for the proposed action in reasonable detail and
that the charter school's board of directors may request in writing an informal hearing
before the sponsor within 14 days of receiving notice of nonrenewal or termination of
the contract. Failure by the board of directors to make a written request for a hearing
within the 14-day period shall be treated as acquiescence to the proposed action. Upon
receiving a timely written request for a hearing, the sponsor shall give reasonable notice
to the charter school's board of directors of the hearing date. The sponsor shall conduct
an informal hearing before taking final action. The sponsor shall take final action to
renew or not renew a contract deleted text begin by the last day of classes in the school yeardeleted text end new text begin no later than 15
days before the date the sponsor terminates the contract or the end date specified in the
contractnew text end . If the sponsor is a local board, the school's board of directors may appeal the
sponsor's decision to the commissioner.

(b) A contract may be terminated or not renewed upon any of the following grounds:

(1) failure to meet the requirements for pupil performance contained in the contract;

(2) failure to meet generally accepted standards of fiscal management;

(3) violations of law; or

(4) other good cause shown.

If a contract is terminated or not renewed under this paragraph, the school must be
dissolved according to the applicable provisions of chapter 308A or 317A, except when
the commissioner approves the decision of a different eligible sponsor to authorize the
charter school.

(c) If at the end of a contract term, deleted text begin eitherdeleted text end the sponsor deleted text begin ordeleted text end new text begin and new text end the charter school
board of directors deleted text begin wantsdeleted text end new text begin mutually agreenew text end to voluntarily terminate the contract, a change
in sponsors is allowed if the commissioner approves the decision of a different eligible
sponsor to authorize the charter school. deleted text begin The party intending to terminate the contract must
notify the other party and the commissioner of its intent at least 90 days before the date
on which the contract ends.deleted text end new text begin Both parties jointly must submit to the commissioner their
written intent to terminate the contract. The commissioner must determine whether the
charter school and the prospective new sponsor can clearly identify and effectively resolve
those circumstances causing the previous sponsor and the charter school to terminate the
contract before the commissioner determines whether to grant the change of sponsor.new text end The
sponsor that is a party to the existing contract at least must inform the approved different
eligible sponsor about the fiscal and student performance of the school. If no different
eligible sponsor is approved, the school must be dissolved according to applicable law and
the terms of the contract.

(d) The commissioner, after providing reasonable notice to the board of directors
of a charter school and the existing sponsor, and after providing an opportunity for a
public hearing, may terminate the existing sponsorial relationship if the charter school
has a history of:

new text begin (1) sustained failure to meet the requirements for pupil performance contained
in the contract;
new text end

deleted text begin (1)deleted text end new text begin (2) new text end financial mismanagement; deleted text begin or
deleted text end

deleted text begin (2)deleted text end new text begin (3) new text end repeated violations of the lawnew text begin ; or
new text end

new text begin (4) other good cause shownnew text end .

Sec. 37.

Minnesota Statutes 2007 Supplement, section 124D.10, subdivision 23a,
is amended to read:

Subd. 23a.

Related party lease costs.

(a) A charter school is prohibited from
entering a lease of real property with a related party as defined in deleted text begin subdivision 26deleted text end new text begin
this subdivisionnew text end , unless the lessor is a nonprofit corporation under chapter 317A or a
cooperative under chapter 308A, and the lease cost is reasonable under section 124D.11,
subdivision 4, clause (1).

new text begin (b) For purposes of this subdivision:
new text end

new text begin (1) "related party" means an affiliate or close relative of the other party in question,
an affiliate of a close relative, or a close relative of an affiliate;
new text end

new text begin (2) "affiliate" means a person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with another person;
new text end

new text begin (3) "close relative" means an individual whose relationship by blood, marriage, or
adoption to another individual is no more remote than first cousin;
new text end

new text begin (4) "person" means an individual or entity of any kind; and
new text end

new text begin (5) "control" means the ability to affect the management, operations, or policies of a
person, whether through ownership of voting securities, by contract, or otherwise.
new text end

deleted text begin (b)deleted text end new text begin (c) new text end A lease of real property to be used for a charter school, not excluded in
paragraph (a), must contain the following statement: "This lease is subject to Minnesota
Statutes, section 124D.10, subdivision 23a."

deleted text begin (c)deleted text end new text begin (d) new text end If a charter school enters into as lessee a lease with a related party and the
charter school subsequently closes, the commissioner has the right to recover from the
lessor any lease payments in excess of those that are reasonable under section 124D.11,
subdivision 4, clause (1).

Sec. 38.

new text begin [124D.805] COMMITTEE ON AMERICAN INDIAN EDUCATION
PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of education shall establish an
American Indian education committee. Members appointed by the commissioner must
include representatives of tribal bodies, community groups, parents of children eligible
to be served by the programs, American Indian administrators and teachers, persons
experienced in the training of teachers for American Indian education programs, persons
involved in programs for American Indian children in American Indian schools, and
persons knowledgeable in the field of American Indian education. Appointed members
shall be representative of significant segments of the population of American Indians.
new text end

new text begin Subd. 2. new text end

new text begin Committee to advise commissioner. new text end

new text begin The committee on American
Indian education programs shall advise the commissioner in the administration of the
commissioner's duties under sections 124D.71 to 124D.82 and other programs for the
education of American Indian people as determined by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Expenses. new text end

new text begin Members serve without compensation. The commissioner must
determine the membership terms and the duration of the committee, which expire no
later than June 30, 2020.
new text end

Sec. 39.

Minnesota Statutes 2006, section 124D.86, subdivision 1, is amended to read:

Subdivision 1.

Use of revenue.

new text begin (a) new text end Integration revenue under this section must
be used for programs established under a desegregation plan filed with the Department
of Education according to Minnesota Rules, parts 3535.0100 to 3535.0180, or under
court order. The revenue must be used to create or enhance learning opportunities which
are designed to provide opportunities for students to have increased interracial contacts
through classroom experiences, staff initiatives, and other educationally related programs.

new text begin (b) A school district, as a condition of receiving revenue each year under this
section, must have:
new text end

new text begin (1) published specific desegregation or integration goals;
new text end

new text begin (2) identified valid and reliable indicators to measure annual progress toward
achieving district goals; and
new text end

new text begin (3) using its identified indicators, demonstrated to the commissioner the amount of
progress in achieving the district goals in the preceding school year.
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 the 2008-2009 school year and later.
new text end

Sec. 40.

new text begin [125B.015] STATE AND SCHOOL DISTRICT TECHNOLOGY
STANDARDS.
new text end

new text begin Subdivision 1. new text end

new text begin State technology standards; standard setting. new text end

new text begin (a) Notwithstanding
other law to the contrary, the commissioner, the Minnesota Education Technology Task
Force, and representatives of school districts must work together to identify for school
districts the robust technology tools and systems that improve the educational achievement
of all Minnesota students. These entities must establish a foundation of flexible shared
services that supports state development and implementation of new and more efficient
educational business practices, including the use of modern analytical tools that help
schools and school districts make data-driven decisions and increase instructional time.
These entities also must anticipate the needs of school districts for effectively using
emerging technologies to make the best and most cost-effective use of finite educational
resources.
new text end

new text begin (b) The commissioner, the Minnesota Education Technology Task Force,
representatives of school districts, and other interested and affected stakeholders, must
establish and then maintain, revise, and publish every four years beginning December 1,
2008, state and district technology standards and accompanying guidelines consistent with
the requirements of this section and section 120B.023, subdivision 2, paragraph (a). The
state and school districts must use the technology standards to participate in a uniform
data collection system premised on:
new text end

new text begin (1) common data definitions for all required data elements;
new text end

new text begin (2) a common course catalogue;
new text end

new text begin (3) common transcript definitions; and
new text end

new text begin (4) school district infrastructure technology standards.
new text end

new text begin (c) School districts, consistent with this section and other applicable law, may use
financial resources in addition to state funding to provide students with the technology
tools they need to succeed in an increasingly complex and information-rich environment.
new text end

new text begin Subd. 2. new text end

new text begin District technology standards. new text end

new text begin (a) The commissioner, in collaboration
with the Minnesota Education Technology Task Force, must establish and then maintain,
revise, and publish six categories of district technology standards consistent with this
section. The district technology standards must encompass:
new text end

new text begin (1) instructional technology that includes best practices in 21st century classroom
instruction and student learning;
new text end

new text begin (2) technological tools that support formative and summative online assessments,
equipment, and software;
new text end

new text begin (3) shared services that facilitate network and data systems administration;
new text end

new text begin (4) data practices that include technical security, Internet safety, and data privacy;
new text end

new text begin (5) data management that facilitates efficient data transfers involving school districts
and the department; and
new text end

new text begin (6) facilities infrastructure that supports multipurpose technology facilities for
instruction and assessment.
new text end

new text begin (b) School districts must align district technology expenditures with state and district
technology standards established under this section.
new text end

new text begin (c) Beginning December 1, 2010, and each two-year period thereafter, school
districts must use the district technology standards in this section to complete a review of
the district technology environment that:
new text end

new text begin (1) examines the alignment of district technology expenditures to the technology
standards under this section;
new text end

new text begin (2) identifies service gaps in the district technology plan; and
new text end

new text begin (3) estimates the funding needed to fill service gaps.
new text end

new text begin (d) School districts must transmit the substance of the review to the commissioner in
the form and manner the commissioner determines in collaboration with the Minnesota
Education Technology Task Force. The commissioner must evaluate and report the
substance of the reviews to the legislature by February 15, 2011, and each two-year period
thereafter.
new text end

new text begin Subd. 3. new text end

new text begin Expedited process. new text end

new text begin The commissioner must use the expedited rulemaking
process under section 14.389 to adopt state and district technology standards consistent
with this section.
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 the 2008-2009 school year and later.
new text end

Sec. 41.

Minnesota Statutes 2006, section 471.88, is amended by adding a subdivision
to read:

new text begin Subd. 21. new text end

new text begin Contract with no bids required. new text end

new text begin Notwithstanding subdivision 1, a local
school board may contract with a class of school district employees such as teachers
or custodians where the spouse of a school board member is a member of the class
of employees contracting with the school board and the employee spouse receives no
special monetary or other benefit that is substantially different from the benefits that
other members of the class receive under the employment contract. A school board
invoking this exception must have a majority of disinterested school board members vote
to approve the contract, direct the school board member spouse to abstain from voting to
approve the contract, and publicly set out the essential facts of the contract at the meeting
where the contract is approved.
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. 42. new text begin IMPLEMENTING A STUDENT GROWTH-BASED VALUE-ADDED
SYSTEM.
new text end

new text begin (a) To implement the requirements of Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (b), and to help parents and members of the public compare the
reported data, the commissioner must convene a group of expert school district assessment
and evaluation staff, including a recognized Minnesota assessment group composed
of assessment and evaluation directors and staff and researchers under Minnesota
Statutes, section 120B.299, subdivision 6, and interested stakeholders, including school
superintendents, school principals, school teachers, and parents to examine the actual
statewide performance of students using Minnesota's growth-based value-added system
and establish criteria for identifying schools and school districts that demonstrate
accelerated growth in order to advance educators' professional development and replicate
programs that succeed in meeting students' diverse learning needs.
new text end

new text begin (b) The commissioner must submit a written report to the education committees of
the house of representatives and senate by February 15, 2009, describing the criteria for
identifying schools and school districts that demonstrate accelerated growth. The group
convened under this section expires on June 30, 2009.
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 school report cards in the 2008-2009 school year and later.
new text end

Sec. 43. new text begin IMPLEMENTING RIGOROUS COURSEWORK MEASURES
RELATED TO STUDENT PERFORMANCE.
new text end

new text begin To implement the requirements of Minnesota Statutes, section 120B.35, subdivision
3, paragraph (c), clauses (1) and (2), and to help parents and members of the public
compare the reported data, the commissioner of education must convene a group of
recognized and qualified experts and interested stakeholders, including parents among
other stakeholders, to develop a model projecting anticipated performance of each high
school on preparation and rigorous coursework measures that compares the school with
similar schools. The model must use information about entering high school students
based on particular background characteristics that are predictive of differing rates of
college readiness. These characteristics include grade 8 achievement levels, high school
student mobility, high school student attendance, and the size of each entering ninth grade
class. The group of experts and stakeholders may examine other characteristics not part
of the prediction model including the nine student categories identified under the federal
2001 No Child Left Behind Act, and two student gender categories of male and female,
respectively. The commissioner annually must use the predicted level of entering students'
performance to provide a context for interpreting graduating students' actual performance.
The group convened under this section expires June 30, 2011.
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 school report cards beginning July 1, 2011.
new text end

Sec. 44. new text begin IMPLEMENTING MEASURES FOR ASSESSING STUDENTS'
SELF-REPORTED SENSE OF SCHOOL SAFETY, ENGAGEMENT IN
SCHOOL, AND THE QUALITY OF RELATIONSHIPS WITH TEACHERS,
ADMINISTRATORS, AND OTHER STUDENTS.
new text end

new text begin (a) To implement the requirements of Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (d), and to help parents and members of the public compare the
reported data, the commissioner of education, in consultation with interested stakeholders,
including parents among other stakeholders, must convene a group of recognized and
qualified experts to:
new text end

new text begin (1) analyze the University of Minnesota student safety and engagement survey
instrument and other commonly recognized survey instruments to select or devise the
survey instrument that best meets state accountability requirements;
new text end

new text begin (2) ensure that the identified survey instrument has sound psychometric properties
and is useful for intervention planning;
new text end

new text begin (3) determine at what grade levels to administer the survey instrument and ensure
that the survey instrument can be used at those grade levels; and
new text end

new text begin (4) determine through disaggregated use of survey indicators or other means how to
report "safety" in order to comply with federal law.
new text end

new text begin (b) The commissioner must submit a written report to the education committees of
the house of representatives and senate by February 15, 2009, presenting the experts'
responses to paragraph (a), clauses (1) to (4). The group convened under this section
expires June 30, 2009.
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 school report cards beginning July 1, 2011.
new text end

Sec. 45. new text begin GROWTH-BASED VALUE-ADDED SYSTEM.
new text end

new text begin The growth-based value-added system used by the commissioner of education to
comply with Minnesota Statutes, section 120B.35, subdivision 3, paragraph (b), must
be consistent with the growth-based value-added model contained in the document
labeled "Educational Report Card Growth Model" developed in partnership with the
Minnesota Department of Education. The document must be deposited with the
Office of the Revisor of Statutes, the Legislative Reference Library, and the State Law
Library, where the document shall be maintained until the commissioner implements the
growth-based value-added system under Minnesota Statutes, section 120B.35, subdivision
3, paragraph (b). The recognized Minnesota assessment group composed of assessment
and evaluation directors and staff and researchers under Minnesota Statutes, section
120B.299, subdivision 6, must determine whether the growth-based value-added model
the commissioner uses to comply with Minnesota Statutes, section 120B.35, subdivision
3, paragraph (b), is consistent with the deposited document and report its determination to
the education committees of the house of representatives and senate by February 15, 2009.
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. 46. new text begin SCHOOL DISTRICT PLANS TO IMPROVE STUDENTS' ACADEMIC
ACHIEVEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin District academic achievement plan; priorities. new text end

new text begin (a) A school
district experiencing disparities in academic achievement is encouraged to develop a
short and long-term plan encompassing one through four years to significantly improve
students' academic achievement that uses concrete measures to eliminate differences in
academic performance among groups of students defined by race, ethnicity, and income.
The plan must:
new text end

new text begin (1) reflect a research-based understanding of high-performing educational systems
and best educational practices;
new text end

new text begin (2) include innovative and practical strategies and programs, whether existing or
new, that supplement district initiatives to increase students' academic achievement under
state and federal educational accountability requirements; and
new text end

new text begin (3) contain valid and reliable measures of student achievement that the district uses
to demonstrate the efficacy of the district plan to the commissioner of education.
new text end

new text begin (b) A district must address the elements under section 47, paragraph (a), to the
extent those elements are implicated in the district's plan.
new text end

new text begin (c) A district must identify in its plan the strategies and programs the district has
implemented and found effective in improving students' academic achievement.
new text end

new text begin (d) The district must include with the plan the amount of expenditures necessary
to implement the plan. The district must indicate how current resources are used to
implement the plan, including, but not limited to, state-limited English proficiency aid
under Minnesota Statutes, section 124D.65; integration revenue under Minnesota Statutes,
section 124D.86; early childhood family education revenue under Minnesota Statutes,
section 124D.135; school readiness aid under Minnesota Statutes, section 124D.16; basic
skills revenue under Minnesota Statutes, section 126C.10, subdivision 4; extended time
revenue under Minnesota Statutes, section 126C.10, subdivision 2a; and alternative
compensation revenue under Minnesota Statutes, section 122A.415.
new text end

new text begin Subd. 2. new text end

new text begin Plan. new text end

new text begin (a) A school district by October 1, 2008, must submit its plan in
electronic format to the commissioner of education, consistent with subdivision 1.
new text end

new text begin (b) The commissioner of education must analyze the commonalities and differences
of the district plans and the effective strategies and programs districts have implemented
to improve students' academic achievement, and submit the analysis and underlying data
to the advisory task force on improving students' academic achievement under section
47 by November 1, 2008, and also report the substance of the analyses to the education
policy and finance committees of the legislature by January 1, 2009.
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. 47. new text begin ADVISORY TASK FORCE ON IMPROVING STUDENTS'
ACADEMIC ACHIEVEMENT.
new text end

new text begin (a) An advisory task force on improving students' academic achievement is
established to review the plans submitted to the commissioner of education under section
46 and recommend to the education committees of the legislature a proposal for improving
students' academic achievement and eliminating differences in academic performance
among groups of students defined by race, ethnicity, and income. The task force members
must at least consider how the following education-related issues impact the educational
achievement of low-income students and students of color:
new text end

new text begin (1) rigorous preparation and coursework and how to (i) effectively invest in early
childhood and parent education, (ii) increase academic rigor and high expectations on
elementary and secondary students in schools serving a majority of low-income students
and students of color, and (iii) provide parents, educators, and community members with
meaningful opportunities to collaborate in educating students in schools serving a majority
of low-income students and students of color;
new text end

new text begin (2) professional development for educators and how to (i) provide stronger financial
and professional incentives to attract and retain experienced, bilingual, and culturally
competent teachers and administrators in schools serving a majority of low-income
students and students of color, (ii) recruit and retain teachers of color, and (iii) develop and
include cultural sensitivity and interpersonal and pedagogical skills training that teachers
need for effective intercultural teaching;
new text end

new text begin (3) English language learners and how to (i) use well-designed tests, curricula,
and English as a second language programs and services as diagnostic tools to develop
effective student interventions, (ii) monitor students' language capabilities, (iii) provide
academic instruction in English that supports students' learning and is appropriate
for students' level of language proficiency, and (iv) incorporate the perspectives and
contributions of ethnic and racial groups, consistent with Minnesota Statutes, section
120B.022, subdivision 1, paragraph (b);
new text end

new text begin (4) special education and how to (i) incorporate linguistic and cultural sensitivity
into special education diagnosis and referral, (ii) increase the frequency and quality of
prereferral interventions, and (iii) decrease the number of minority and nonnative English
speaking students inappropriately placed in special education;
new text end

new text begin (5) GRAD tests and how to (i) incorporate linguistic and cultural sensitivity into the
reading and math GRAD tests, and (ii) develop interventions to meet students' learning
needs; and
new text end

new text begin (6) valid and reliable data and how to use data on student on-time graduation rates,
student dropout rates, documented disciplinary actions, and completed and rigorous course
work indicators to determine how well-prepared low-income students and students of
color are for postsecondary academic and career opportunities.
new text end

new text begin The task force also must examine the findings of a 2008 report by Minnesota
superintendents on strategies for creating a world-class educational system to establish
priorities for improving students' academic achievement. The task force may consider
other related matters at its discretion.
new text end

new text begin (b) The commissioner of education must convene the first meeting of the advisory
task force on improving students' academic achievement by July 1, 2008. The task force
members must adopt internal procedures and standards for subsequent meetings. The task
force is composed of the following members:
new text end

new text begin (1) a representative from a Twin Cities metropolitan area school district, a suburban
school district, a school district located in a regional center, and a rural school district, all
four representatives appointed by the state demographer based on identified concentrations
of low-performing, low-income students and students of color;
new text end

new text begin (2) a faculty member of a teacher preparation program at the University of
Minnesota's College of Education and Human Development, appointed by the college
dean or the dean's designee;
new text end

new text begin (3) a faculty member from the urban teachers program at Metropolitan State
University appointed by the university president or the president's designee;
new text end

new text begin (4) a faculty member from a Minnesota State Colleges and Universities teacher
preparation program located outside the Twin Cities metropolitan area, appointed by
the chancellor or the chancellor's designee;
new text end

new text begin (5) a classroom teacher appointed by Education Minnesota;
new text end

new text begin (6) an expert in early childhood care and education appointed by a state early
childhood organization;
new text end

new text begin (7) a member from each state council representing a community of color, appointed
by the respective council;
new text end

new text begin (8) a curriculum specialist with expertise in providing language instruction for
nonnative English speakers, appointed by a state curriculum organization;
new text end

new text begin (9) a special education teacher, appointed by a state organization of special education
educators;
new text end

new text begin (10) a parent of color, appointed by a state parent-teacher organization;
new text end

new text begin (11) a district testing director appointed by a recognized Minnesota assessment
group composed of assessment and evaluation directors and staff and researchers; and
new text end

new text begin (12) a Department of Education staff person with expertise in school desegregation
matters appointed by the commissioner of education or the commissioner's designee.
new text end

new text begin A majority of task force members, at their discretion, may invite other representatives
of interested public or nonpublic organizations, Minnesota's communities of color, and
stakeholders in local and state educational equity to become task force members. A
majority of task force members must be persons of color.
new text end

new text begin (c) Members of the task force serve without compensation. By February 15,
2009, the task force must submit a written proposal to the education policy and finance
committees of the legislature on how to significantly improve students' academic
achievement.
new text end

new text begin (d) The advisory task force expires on February 16, 2009.
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. 48. new text begin ADVISORY TASK FORCE; INTEGRATING SECONDARY AND
POSTSECONDARY ACADEMIC AND CAREER EDUCATION.
new text end

new text begin (a) An advisory task force on improving teacher quality and identifying institutional
structures and strategies for effectively integrating secondary and postsecondary academic
and career education is established to consider and recommend to the education policy and
finance committees of the legislature proposals on how to:
new text end

new text begin (1) foster classroom teachers' interest and ability to acquire a master's degree in the
teachers' substantive fields of licensure; and
new text end

new text begin (2) meet all elementary and secondary students' needs for adequate education
planning and preparation and improve all students' ability to acquire the knowledge and
skills needed for postsecondary academic and career education.
new text end

new text begin (b) The commissioner of education, or the commissioner's designee, shall appoint
an advisory task force that is composed of a representative from each of the following
entities: Education Minnesota, the University of Minnesota, the Department of
Education, the Board of Teaching, the Minnesota Private College Council, the Office of
Higher Education, the Minnesota Career College Association, the Minnesota PTA, the
Minnesota Chamber of Commerce, the Minnesota Business Partnership, the Department
of Employment and Economic Development, the Minnesota Association of Career and
Technical Administrators, the Minnesota Association of Career and Technical Educators,
the Minnesota State Colleges and Universities, and other representatives of other
entities recommended by task force members. Members of the task force serve without
compensation. By February 15, 2009, the task force must submit written recommendations
to the education policy and finance committees of the legislature on improving teacher
quality and identifying the institutional structures and strategies for effectively integrating
secondary and postsecondary academic and career education, consistent with this section.
new text end

new text begin (c) Upon request, the commissioner of education must provide the task force with
technical, fiscal, and other support services.
new text end

new text begin (d) The advisory task force expires February 16, 2009.
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. 49. new text begin COMPUTER ADAPTIVE ASSESSMENTS.
new text end

new text begin The Department of Education, by December 1, 2008, must report to the education
committees of the legislature on its efforts to add a computer adaptive assessment that
includes formative analytics to the Minnesota's comprehensive assessment administered
under Minnesota Statutes, section 120B.30.
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. 50. new text begin DEPARTMENT OF EDUCATION REPORT.
new text end

new text begin The Department of Education must submit a report to the education committees
of the legislature by January 15, 2009, analyzing existing stand-alone school district
reporting requirements and recommend the elimination of any district reports that are
duplicative of other data already collected by the department.
new text end

Sec. 51. new text begin REVIVAL AND REENACTMENT.
new text end

new text begin Minnesota Statutes, section 124D.10, subdivision 2a, is revived and reenacted
effective retroactively and without interruption from June 30, 2007.
new text end

HF 3316

Bill Text Versions

Current Version - 2nd Engrossment

ARTICLE 1

GENERAL EDUCATION

Section 1.

Subd. 7.

Clerk records.

Sec. 2.

Subd. 3.

Statement for comparison and correction.

Sec. 3.

Subd. 3.

Debt verification.

Sec. 4.

Subd. 4.

Debt elimination.

Sec. 5.

Subd. 5.

Certification of debt.

Sec. 6.

Subd. 3.

Failure to limit expenditures.

Sec. 7.

Subd. 34.

Basic alternative teacher compensation aid.

new text begin EFFECTIVE DATE. new text end

Sec. 8.

Subd. 6.

Lease purchase; installment buys.

Sec. 9.

Subd. 2.

Abatements.

Sec. 10.

Subd. 3.

Excess tax increment.

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

new text begin Subd. 11. new text end

new text begin Data to improve instruction. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 2.

120B.02 EDUCATIONAL EXPECTATIONS FOR MINNESOTA'S STUDENTS.

Sec. 3.

Subdivision 1.

Required academic standards.

Sec. 4.

Subd. 2.

Revisions and reviews required.

Sec. 5.

Subd. 2.

Reimbursement for examination fees.

Sec. 6.

120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS.

Sec. 7.

new text begin [120B.299] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin Subd. 2. new text end

new text begin Growth. new text end

new text begin Subd. 3. new text end

new text begin Value-added. new text end

new text begin Subd. 4. new text end

new text begin Growth-based value-added. new text end

new text begin Subd. 5. new text end

new text begin Adequate yearly progress. new text end

new text begin Subd. 6. new text end

new text begin State growth norm. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 8.

120B.30 STATEWIDE TESTING AND REPORTING SYSTEM.

Subdivision 1.

Statewide testing.

Subd. 1a.

Statewide and local assessments; results.

Subd. 2.

Department of Education assistance.

Subd. 3.

Reporting.

120B.02 EDUCATIONAL EXPECTATIONS FOR MINNESOTA'S
STUDENTS.

new text begin [120B.299] DEFINITIONS.
new text end

120B.31 SYSTEM ACCOUNTABILITY AND STATISTICAL
ADJUSTMENTS.

120B.35 STUDENT ACADEMIC ACHIEVEMENT AND deleted text begin PROGRESSdeleted text end new text begin
GROWTHnew text end .

deleted text begin Adequate yearly progress of schools and studentsdeleted text end new text begin School and
student indicators of growth and achievementnew text end .

Improving graduation rates for students with emotional or behavioral
disorders.