Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 511

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/24/2011 03:10pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12
1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10
3.11
3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6
4.7
4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21
4.22
4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16
5.17
5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21
6.22 6.23 6.24 6.25 6.26 6.27 6.28
6.29
6.30 6.31 6.32 6.33 7.1 7.2 7.3 7.4 7.5
7.6
7.7 7.8
7.9

A bill for an act
relating to education; removing unneeded educational mandates; amending
Minnesota Statutes 2010, sections 13D.02, by adding a subdivision; 120B.023,
subdivision 2; 123B.02, subdivision 15; 124D.19, subdivision 3; 125A.07;
126C.44; repealing Minnesota Statutes 2010, section 123B.05.

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

Section 1.

Minnesota Statutes 2010, section 13D.02, is amended by adding a
subdivision to read:


new text begin Subd. 5. new text end

new text begin School boards; interactive television technology. new text end

new text begin A school board
conducting a meeting under this section may use interactive television technology to
conduct the meeting if the school board complies with all other requirements under this
section.
new text end

Sec. 2.

Minnesota Statutes 2010, 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. new text beginThe commissioner must
review the state's academic standards, graduation requirements, and related benchmarks
consistent with the cycle established in this subdivision but must not proceed to revise or
align the academic standards, graduation requirements, or related benchmarks without
first receiving specific legislative authority to do so. After completing a review under this
subdivision, the commissioner must submit to the legislature recommended changes in the
relevant academic standards, graduation requirements, and related benchmarks.
new text endDuring
each review cycle, the commissioner also must examine the alignment of each required
academic standard and related benchmark with the knowledge and skills students need for
college readiness and advanced work in the particular subject area.

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

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

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

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

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

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

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

(f) The commissioner in the 2010-2011 school year must deleted text beginrevise and aligndeleted text endnew text begin reviewnew text end
the state's academic standards and high school graduation requirements in social studies
deleted text begin to requiredeleted text end that students new text beginmust new text endsatisfactorily complete deleted text beginthe revised social studies standardsdeleted text end
beginning in the deleted text begin2013-2014deleted text endnew text begin 2014-2015new text end school yearnew text begin and recommend any revisions to the
legislature
new text end. The commissioner must new text beginagain new text endimplement a review of the academic standards
and related benchmarks in social studies beginning in the deleted text begin2019-2020deleted text endnew text begin 2020-2021new text end school
year.

(g) School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, 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, world languages, and career and technical education.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2010, section 123B.02, subdivision 15, is amended to read:


Subd. 15.

Annuity contract; payroll allocation.

(a) At the request of an employee
and as part of the employee's compensation arrangement, the board may purchase an
individual annuity contract for an employee for retirement or other purposes and may
make payroll allocations in accordance with such arrangement for the purpose of paying
the entire premium due and to become due under such contract. The allocation must be
made in a manner which will qualify the annuity premiums, or a portion thereof, for
the benefit afforded under section 403(b) of the current Federal Internal Revenue Code
or any equivalent provision of subsequent federal income tax law. The employee shall
own such contract and the employee's rights under the contract shall be nonforfeitable
except for failure to pay premiums. Section 122A.40 shall not be applicable hereto and the
board shall have no liability thereunder because of its purchase of any individual annuity
contracts. This statute shall be applied in a nondiscriminatory manner to employees of
the school district. The new text beginschool board of a school district shall determine the new text endidentity and
number of the available vendors under federal Internal Revenue Codenew text begin,new text end section 403(b) deleted text beginis a
term and condition of employment under section 179A.03
deleted text end.

(b) When considering vendors under paragraph (a), the school district and the
exclusive representative of the employees shall consider all of the following:

(1) the vendor's ability to comply with all employer requirements imposed by
section 403(b) of the Internal Revenue Code of 1986 and its subsequent amendments,
other provisions of the Internal Revenue Code of 1986 that apply to section 403(b) of the
Internal Revenue Code, and any regulation adopted in relation to these laws;

(2) the vendor's experience in providing 403(b) plans;

(3) the vendor's potential effectiveness in providing client services attendant to
its plan and in relation to cost;

(4) the nature and extent of rights and benefits offered under the vendor's plan;

(5) the suitability of the rights and benefits offered under the vendor's plan;

(6) the vendor's ability to provide the rights and benefits offered under its plan; and

(7) the vendor's financial stability.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 4.

Minnesota Statutes 2010, section 124D.19, subdivision 3, is amended to read:


Subd. 3.

Community education director.

(a) Except as provided under paragraphs
(b) and (c), each board shall employ a licensed community education director. The board
shall submit the name of the person who is serving as director of community education
under this section on the district's annual community education report to the commissioner.

(b) A board may apply to the Minnesota Board of School Administrators under
Minnesota Rules, part 3512.3500, subpart 9, for authority to use an individual who is not
licensed as a community education director.

(c) A board of a district with a total population of deleted text begin2,000deleted text endnew text begin 10,000new text end or less may identify
an employee who holds a valid Minnesota principal or superintendent license under
Minnesota Rules, chapter 3512, to serve as director of community education. To be
eligible for an exception under this paragraph, the board shall certify in writing to the
commissioner that the district has not placed a licensed director of community education
on unrequested leave.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2010, section 125A.07, is amended to read:


125A.07 RULEMAKING.

(a) Consistent with this section, the commissioner shall adopt new rules and
amend existing rules related to children with disabilities only deleted text beginunderdeleted text endnew text begin after receivingnew text end
specific new text beginlegislative new text endauthoritynew text begin to do so, consistent with section 127A.05, subdivision 4,new text end and
consistent with the requirements of chapter 14 and paragraph (c).new text begin Technical changes and
corrections are exempted from this paragraph.
new text end

(b) As provided in this paragraph, the state's regulatory scheme should support
schools by assuring that all state special education rules adopted by the commissioner
result in one or more of the following outcomes:

(1) increased time available to teachers and, where appropriate, to support staff
including school nurses for educating students through direct and indirect instruction;

(2) consistent and uniform access to effective education programs for students with
disabilities throughout the state;

(3) reduced inequalities and conflict, appropriate due process hearing procedures
and reduced court actions related to the delivery of special education instruction and
services for students with disabilities;

(4) clear expectations for service providers and for students with disabilities;

(5) increased accountability for all individuals and agencies that provide instruction
and other services to students with disabilities;

(6) greater focus for the state and local resources dedicated to educating students
with disabilities; and

(7) clearer standards for evaluating the effectiveness of education and support
services for students with disabilities.

(c) Subject to chapter 14, the commissioner may adopt, amend, or rescind a rule
related to children with disabilities if such action is specifically required by federal law.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2010, section 126C.44, is amended to read:


126C.44 SAFE SCHOOLS LEVY.

(a) Each district may make a levy on all taxable property located within the district
for the purposes specified in this section. The maximum amount which may be levied
for all costs under this section shall be equal to $30 multiplied by the district's adjusted
marginal cost pupil units for the school year. The proceeds of the levy must be reserved and
used for directly funding the following purposes or for reimbursing the cities and counties
who contract with the district for the following purposes: (1) to pay the costs incurred for
the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in
services in the district's schools; (2) to pay the costs for a drug abuse prevention program
as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools;
(3) to pay the costs for a gang resistance education training curriculum in the district's
schools; (4) to pay the costs for security in the district's schools and on school property; (5)
to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary
opt-in suicide prevention tools, and violence prevention measures taken by the school
district; or (6) to pay costs for licensed school counselors, licensed school nurses, licensed
school social workers, licensed school psychologists, and licensed alcohol and chemical
dependency counselors to help provide early responses to problems. For expenditures
under clause (1), the district must initially attempt to contract for services to be provided
by peace officers or sheriffs with the police department of each city or the sheriff's
department of the county within the district containing the school receiving the services. If
a local police department or a county sheriff's department does not wish to provide the
necessary services, the district may contract for these services with any other police or
sheriff's department located entirely or partially within the school district's boundaries.

(b) A school district that is a member of an intermediate school district may
include in its authority under this section the costs associated with safe schools activities
authorized under paragraph (a) for intermediate school district programs. This authority
must not exceed $10 times the adjusted marginal cost pupil units of the member districts.
This authority is in addition to any other authority authorized under this section. Revenue
raised under this paragraph must be transferred to the intermediate school district.

deleted text begin (c) A school district must set aside at least $3 per adjusted marginal cost pupil
unit of the safe schools levy proceeds for the purposes authorized under paragraph (a),
clause (6). The district must annually certify either that: (1) its total spending on services
provided by the employees listed in paragraph (a), clause (6), is not less than the sum of
its expenditures for these purposes, excluding amounts spent under this section, in the
previous year plus the amount spent under this section; or (2) that the district's full-time
equivalent number of employees listed in paragraph (a), clause (6), is not less than the
number for the previous year.
deleted text end

Sec. 7. new text beginRESERVED REVENUE FOR STAFF DEVELOPMENT; TEMPORARY
SUSPENSION.
new text end

new text begin Notwithstanding Minnesota Statutes, section 122A.61, subdivision 1, for fiscal years
2012 and 2013 only, a school district or charter school may use revenue reserved for staff
development under Minnesota Statutes, section 122A.61, subdivision 1, according to the
requirements of general education revenue under Minnesota Statutes, section 126C.13,
subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 8. new text beginFUND TRANSFER; FISCAL YEARS 2012 AND 2013 ONLY.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 123B.80, subdivision 3, for fiscal
years 2012 and 2013 only, the commissioner must approve a request for a fund transfer
if the transfer does not increase state aid obligations to the district or result in additional
property tax authority for the district. This section does not permit transfers from the
community service fund.
new text end

new text begin (b) A school board may approve a fund transfer under paragraph (a) only after
adopting a resolution stating the fund transfer will not diminish instructional opportunities
for students.
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. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 123B.05, new text end new text begin is repealed.
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