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HF 844

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 06/21/2017 11:01am

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A bill for an act
relating to education; providing for funding and policy in early childhood,
kindergarten through grade 12, and adult education, including general education,
education excellence, standards and assessments, charter schools, special
education, facilities and technology, nutrition and accounting, libraries, early
childhood education, prevention, self-sufficiency and lifelong learning, state
agencies, and forecast adjustments; requiring rulemaking; appropriating money;
amending Minnesota Statutes 2014, sections 5A.03; 16A.103, subdivision
1c; 120A.41; 120B.02, subdivision 2; 120B.021, subdivision 4; 120B.022,
subdivisions 1, 1a, 1b; 120B.024, subdivision 2; 120B.11, subdivision 1a;
120B.12, subdivision 4a; 120B.125; 120B.13, subdivision 4; 120B.30,
subdivisions 1, 1a, 3; 120B.31, subdivision 4; 120B.36, subdivision 1; 121A.17,
subdivision 5; 122A.09, subdivision 4, by adding subdivisions; 122A.14,
subdivisions 3, 9, by adding a subdivision; 122A.18, subdivisions 2, 7c, 8;
122A.20, subdivision 1; 122A.21, subdivisions 1, 2; 122A.23; 122A.245,
subdivisions 1, 3, 7; 122A.25; 122A.30; 122A.31, subdivisions 1, 2; 122A.40,
subdivisions 5, 8, 10, 11, 13; 122A.41, subdivisions 2, 5, 6, 14; 122A.414,
subdivision 2; 122A.60; 122A.61, subdivision 1; 122A.69; 122A.70, subdivision
1; 123A.24, subdivision 1; 123A.75, subdivision 1; 123B.045; 123B.59,
subdivisions 6, 7; 123B.77, subdivision 3; 123B.88, subdivision 1, by adding
a subdivision; 124D.041, subdivisions 1, 2; 124D.09, subdivisions 5, 5a, 8, 9,
12; 124D.091, subdivision 1; 124D.10, subdivisions 1, 3, 4, 8, 9, 12, 14, 16,
23, by adding a subdivision; 124D.11, subdivisions 1, 9; 124D.121; 124D.122;
124D.126, subdivision 1; 124D.127; 124D.128, subdivision 1; 124D.13;
124D.135; 124D.16; 124D.165; 124D.531, subdivisions 1, 2, 3; 124D.73,
subdivisions 3, 4; 124D.74, subdivisions 1, 3, 6; 124D.75, subdivisions 1, 3,
9; 124D.76; 124D.78; 124D.79, subdivisions 1, 2; 124D.791, subdivision
4; 124D.861; 124D.862; 125A.01; 125A.023, subdivisions 3, 4; 125A.027;
125A.03; 125A.08; 125A.085; 125A.0942, subdivision 3; 125A.21; 125A.28;
125A.63, subdivisions 2, 3, 4, 5; 125A.75, subdivision 9; 125A.76, subdivisions
1, 2c; 125B.26, subdivision 2; 126C.10, subdivisions 1, 2, 2a, 2e, 3, 13a, 18, 24;
126C.13, subdivision 4; 126C.15, subdivisions 1, 2, 3; 126C.17, subdivisions
1, 2; 127A.05, subdivision 6; 127A.49, subdivision 1; 134.355, subdivisions 8,
9, 10; 135A.101, by adding a subdivision; 179A.20, by adding a subdivision;
Laws 2013, chapter 116, article 1, section 58, subdivisions 2, as amended, 3, as
amended, 4, as amended, 5, as amended, 6, as amended, 7, as amended, 11, as
amended; article 3, section 37, subdivisions 3, as amended, 4, as amended, 5, as
amended, 20, as amended; article 4, section 9, subdivision 2, as amended; article
5, section 31, subdivisions 2, as amended, 3, as amended, 4, as amended; article
6, section 12, subdivisions 2, as amended, 6, as amended; article 7, sections 19;
21, subdivisions 2, as amended, 3, as amended, 4, as amended; article 8, section
5, subdivisions 3, as amended, 4, as amended, 14, as amended; Laws 2014,
chapter 312, article 16, section 15; proposing coding for new law in Minnesota
Statutes, chapters 119A; 122A; 124D; 125A; repealing Minnesota Statutes
2014, sections 120B.128; 122A.40, subdivision 11; 125A.63, subdivision 1;
126C.12, subdivision 6; 126C.13, subdivisions 3a, 3b, 3c; 126C.41, subdivision
1; Minnesota Rules, part 3500.1000.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2014, section 120A.41, is amended to read:


120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.

A school board's annual school calendar must include at least 425 hours of
instruction for a kindergarten student without a disability, 935 hours of instruction for a
student in grades 1 though 6, and 1,020 hours of instruction for a student in grades 7
though 12, not including summer school. The school calendar for all-day kindergarten
must include at least 850 hours of instruction for the school year. A school board's annual
calendar must include at least 165 days of instruction for a student in grades 1 through
11 unless a four-day week schedule has been approved by the commissioner board under
section 124D.126 sections 124D.12 to 124D.127.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Minnesota Statutes 2014, section 124D.11, subdivision 1, is amended to read:


Subdivision 1.

General education revenue.

(a) General education revenue must
be paid to a charter school as though it were a district. The general education revenue
for each adjusted pupil unit is the state average general education revenue per pupil unit,
plus the referendum equalization aid allowance in the pupil's district of residence, minus
an amount equal to the product of the formula allowance according to section 126C.10,
subdivision 2
, times .0466, calculated without declining enrollment revenue, local optional
revenue, basic skills revenue, extended time support revenue, pension adjustment revenue,
transition revenue, and transportation sparsity revenue, plus declining enrollment revenue,
basic skills revenue, extended time support revenue, pension adjustment revenue, and
transition revenue as though the school were a school district.

(b) For a charter school operating an extended day, extended week, or summer
program,
the general education revenue for each extended time pupil unit equals $4,794
in paragraph (a) is increased by an amount equal to 25 percent of the statewide average
extended support revenue per pupil unit
.

EFFECTIVE DATE.

This section is effective for fiscal year 2016 and later.

Sec. 3.

Minnesota Statutes 2014, section 124D.121, is amended to read:


124D.121 DEFINITION OF FLEXIBLE LEARNING YEAR PROGRAM.

"Flexible learning year program" means any district plan approved by the
commissioner
that utilizes buildings and facilities during the entire year or that provides
forms of optional scheduling of pupils and personnel during the learning year in
elementary and secondary schools or residential facilities for children with a disability.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 4.

Minnesota Statutes 2014, section 124D.122, is amended to read:


124D.122 ESTABLISHMENT OF FLEXIBLE LEARNING YEAR PROGRAM.

The board of any district or a consortium of districts, with the approval of the
commissioner,
may establish and operate a flexible learning year program in one or more of
the day or residential facilities for children with a disability within the district. Consortiums
may use a single application and evaluation process, though results, public hearings, and
board approvals must be obtained for each district as required under appropriate sections.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 5.

Minnesota Statutes 2014, section 124D.126, subdivision 1, is amended to read:


Subdivision 1.

Powers and duties.

The commissioner must:

(1) promulgate rules necessary to the operation of sections 124D.12 to 124D.127;

(2) (1) cooperate with and provide supervision of flexible learning year programs
to determine compliance with the provisions of sections 124D.12 to 124D.127 , the
commissioner's standards and qualifications, and the proposed program as submitted
and approved
;

(3) (2) provide any necessary adjustments of (a) (i) attendance and membership
computations and (b) (ii) the dates and percentages of apportionment of state aids; and

(4) (3) consistent with the definition of "average daily membership" in section
126C.05, subdivision 8, furnish the board of a district implementing a flexible learning
year program with a formula for computing average daily membership. This formula must
be computed so that tax levies to be made by the district, state aids to be received by the
district, and any and all other formulas based upon average daily membership are not
affected solely as a result of adopting this plan of instruction.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 6.

Minnesota Statutes 2014, section 124D.127, is amended to read:


124D.127 TERMINATION OF FLEXIBLE LEARNING YEAR PROGRAM.

The board of any district, with the approval of the commissioner of education, may
terminate a flexible learning year program in one or more of the day or residential facilities
for children with a disability within the district. This section shall not be construed to
permit an exception to section 120A.22, 127A.41, subdivision 7, or 127A.43.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 7.

Minnesota Statutes 2014, section 124D.128, subdivision 1, is amended to read:


Subdivision 1.

Program established.

A learning year program provides instruction
throughout the year on an extended year calendar, extended school day calendar, or
both. A pupil may participate in the program and accelerate attainment of grade level
requirements or graduation requirements.
A learning year program may begin after the
close of the regular school year in June. The program may be for students in one or more
grade levels from kindergarten through grade 12.

Sec. 8.

Minnesota Statutes 2014, section 126C.10, subdivision 1, is amended to read:


Subdivision 1.

General education revenue.

(a) For fiscal years 2013 and 2014, the
general education revenue for each district equals the sum of the district's basic revenue,
extended time revenue, gifted and talented revenue, small schools revenue, basic skills
revenue, secondary sparsity revenue, elementary sparsity revenue, transportation sparsity
revenue, total operating capital revenue, equity revenue, alternative teacher compensation
revenue, and transition revenue.

(b) For fiscal year 2015 and later, The general education revenue for each district
equals the sum of the district's basic revenue, extended time support revenue, gifted and
talented revenue, declining enrollment revenue, local optional revenue, small schools
revenue, basic skills revenue, secondary sparsity revenue, elementary sparsity revenue,
transportation sparsity revenue, total operating capital revenue, equity revenue, pension
adjustment revenue, and transition revenue.

Sec. 9.

Minnesota Statutes 2014, section 126C.10, subdivision 2, is amended to read:


Subd. 2.

Basic revenue.

For fiscal year 2014, the basic revenue for each district
equals the formula allowance times the adjusted marginal cost pupil units for the school
year. For fiscal year 2015 and later, the basic revenue for each district equals the formula
allowance times the adjusted pupil units for the school year. The formula allowance for
fiscal year 2013 is $5,224. The formula allowance for fiscal year 2014 is $5,302.
The
formula allowance for fiscal year 2015 and later is $5,831. The formula allowance for
fiscal year 2016 is $5,864. The formula allowance for fiscal year 2017 and later is $5,898.

Sec. 10.

Minnesota Statutes 2014, section 126C.10, subdivision 2a, is amended to read:


Subd. 2a.

Extended time support revenue.

(a) A school district's extended time
revenue for fiscal year 2014 is equal to the product of $4,601 and the sum of the adjusted
marginal cost pupil units of the district for each pupil in average daily membership in
excess of 1.0 and less than 1.2 according to section 126C.05, subdivision 8.
A school
district's extended time support revenue for fiscal year 2015 and later is equal to the
product of $5,017 $5,117 and the sum of the adjusted pupil units of the district for each
pupil in average daily membership in excess of 1.0 and less than 1.2 according to section
126C.05, subdivision 8.

(b) A school district's extended time support revenue may be used for extended day
programs, extended week programs, summer school, vacation break academies such as
spring break academies and summer term academies,
and other programming authorized
under the learning year program. Extended support revenue may also be used by alternative
learning centers serving high school students for academic purposes during the school day.

EFFECTIVE DATE.

This section is effective for fiscal year 2016 and later.

Sec. 11.

Minnesota Statutes 2014, section 126C.10, subdivision 2e, is amended to read:


Subd. 2e.

Local optional revenue.

(a) Local optional revenue for a school district
equals $424 times the adjusted pupil units of the district for that school year.

(b) A district's local optional levy equals its local optional revenue times the lesser
of one or the ratio of its referendum market value per resident pupil unit to $510,000
the local optional equalizing factor. The local optional revenue levy must be spread on
referendum market value. A district may levy less than the permitted amount.

(c) A district's local optional aid equals its local optional revenue less its local
optional levy, times the ratio of the actual amount levied to the permitted levy.

(d) A district's local optional equalizing factor equals $510,000 times the greater of
one or the ratio of the district's seasonal recreational factor to 0.30.

(e) A district's seasonal recreational factor equals the ratio of the market value of
property in the district classified as 4(c)12 under section 273.13 to the district's total
taxable market value under section 273.13.

EFFECTIVE DATE.

This section is effective for taxes payable in 2016 and later.

Sec. 12.

Minnesota Statutes 2014, section 126C.10, subdivision 3, is amended to read:


Subd. 3.

Compensatory education revenue.

(a) For fiscal year 2014, the
compensatory education revenue for each building in the district equals the formula
allowance minus $415 times the compensation revenue pupil units computed according to
section 126C.05, subdivision 3.
For fiscal year 2015 2016 and later, the compensatory
education revenue for each building in the district equals the formula allowance for fiscal
year 2015
minus $839 times the compensation revenue pupil units computed according to
section 126C.05, subdivision 3.

(b) A district's compensatory revenue under paragraph (a) is increased by an amount
equal to the product of (1) the ratio of the statewide compensatory growth revenue to the
sum of the number of pupils in the district eligible to receive free lunch plus one-half of the
number of pupils eligible to receive reduced-price lunch on October 1 of the previous year,
and (2) the district's number of pupils eligible to receive free lunch plus one-half of the
number of pupils eligible to receive reduced-price lunch on October 1 of the previous year.

(c) Revenue shall be paid to the district and must be allocated according to section
126C.15, subdivision 2.

(b) (d) When the district contracting with an alternative program under section
124D.69 changes prior to the start of a school year, the compensatory revenue generated
by pupils attending the program shall be paid to the district contracting with the alternative
program for the current school year, and shall not be paid to the district contracting with
the alternative program for the prior school year.

(c) (e) When the fiscal agent district for an area learning center changes prior to the
start of a school year, the compensatory revenue shall be paid to the fiscal agent district
for the current school year, and shall not be paid to the fiscal agent district for the prior
school year.

(f) Statewide compensatory growth revenue equals the difference between
compensatory revenue computed under paragraph (a) with the formula allowance for the
current year and the revenue computed under paragraph (a) using the formula allowance
for fiscal year 2015.

EFFECTIVE DATE.

This section is effective for fiscal year 2016 and later.

Sec. 13.

Minnesota Statutes 2014, section 126C.10, subdivision 13a, is amended to read:


Subd. 13a.

Operating capital levy.

To obtain operating capital revenue for fiscal
year 2015 and later, a district may levy an amount not more than the product of its
operating capital revenue for the fiscal year times the lesser of one or the ratio of its
adjusted net tax capacity per adjusted marginal cost pupil unit to the operating capital
equalizing factor. The operating capital equalizing factor equals $14,500.

EFFECTIVE DATE.

This section is effective the day following final enactment for
fiscal year 2015 and later.

Sec. 14.

Minnesota Statutes 2014, section 126C.10, subdivision 18, is amended to read:


Subd. 18.

Transportation sparsity revenue allowance.

(a) A district's
transportation sparsity allowance equals the greater of zero or the result of the following
computation:

(i) Multiply the formula allowance according to subdivision 2, by .141.

(ii) Multiply the result in clause (i) by the district's sparsity index raised to the
26/100 power.

(iii) Multiply the result in clause (ii) by the district's density index raised to the
13/100 power.

(iv) Multiply the formula allowance according to subdivision 2, by .0466.

(v) Subtract the result in clause (iv) from the result in clause (iii).

(vi) Multiply the result in clause (v) by the greater of (1) one or (2) the ratio of the
square mile area of the district to 3,000.

(vii) For a district that does not qualify for secondary sparsity revenue under
subdivision 7 or elementary sparsity revenue under subdivision 8, multiply the result in
clause (vi) by the greater of (1) one or (2) the ratio of the square mile area of the district to
525.

(b) Transportation sparsity revenue is equal to the transportation sparsity allowance
times the adjusted pupil units.

EFFECTIVE DATE.

This section is effective for revenue in fiscal year 2016 and
later.

Sec. 15.

Minnesota Statutes 2014, section 126C.10, subdivision 24, is amended to read:


Subd. 24.

Equity revenue.

(a) A school district qualifies for equity revenue if:

(1) the school district's adjusted pupil unit amount of basic revenue, transition
revenue, and referendum revenue is less than the value of the school district at or
immediately above the 95th percentile of school districts in its equity region for those
revenue categories; and

(2) the school district's administrative offices are not located in a city of the first
class on July 1, 1999.

(b) Equity revenue for a qualifying district that receives referendum revenue under
section 126C.17, subdivision 4, equals the product of (1) the district's adjusted pupil
units for that year; times (2) the sum of (i) $14, plus (ii) $80, times the school district's
equity index computed under subdivision 27.

(c) Equity revenue for a qualifying district that does not receive referendum revenue
under section 126C.17, subdivision 4, equals the product of the district's adjusted pupil
units for that year times $14.

(d) A school district's equity revenue is increased by the greater of zero or an amount
equal to the district's adjusted pupil units times the difference between ten percent of the
statewide average amount of referendum revenue per adjusted pupil unit for that year and
the district's referendum revenue per adjusted pupil unit. A school district's revenue under
this paragraph must not exceed $100,000 for that year.

(e) A school district's equity revenue for a school district located in the metro equity
region
equals the amount computed in paragraphs (b), (c), and (d) multiplied by 1.25.

(f) A school district's additional equity revenue equals $50 times its adjusted pupil
units.

EFFECTIVE DATE.

This section is effective for fiscal year 2017 and later.

Sec. 16.

Minnesota Statutes 2014, section 126C.13, subdivision 4, is amended to read:


Subd. 4.

General education aid.

(a) For fiscal years 2013 and 2014 only, a district's
general education aid is the sum of the following amounts:

(1) general education revenue, excluding equity revenue, total operating capital
revenue, alternative teacher compensation revenue, and transition revenue;

(2) operating capital aid under section 126C.10, subdivision 13b;

(3) equity aid under section 126C.10, subdivision 30;

(4) alternative teacher compensation aid under section 126C.10, subdivision 36;

(5) transition aid under section 126C.10, subdivision 33;

(6) shared time aid under section 126C.01, subdivision 7;

(7) referendum aid under section 126C.17, subdivisions 7 and 7a; and

(8) online learning aid according to section 124D.096.

(b) For fiscal year 2015 and later, A district's general education aid equals:

(1) general education revenue, excluding operating capital revenue, equity revenue,
local optional revenue, and transition revenue, minus the student achievement levy,
multiplied times the ratio of the actual amount of student achievement levy levied to the
permitted student achievement levy
; plus

(2) operating capital aid under section 126C.10, subdivision 13b;

(2) (3) equity aid under section 126C.10, subdivision 30; plus

(3) (4) transition aid under section 126C.10, subdivision 33; plus

(4) (5) shared time aid under section 126C.10, subdivision 7; plus

(5) (6) referendum aid under section 126C.17, subdivisions 7 and 7a; plus

(6) (7) online learning aid under section 124D.096; plus

(7) (8) local optional aid according to section 126C.10, subdivision 2d, paragraph (d).

EFFECTIVE DATE.

Clause (1) of this section is effective for fiscal year 2017 and
later. Clause (2) of this section is effective for fiscal year 2015 and later.

Sec. 17.

Minnesota Statutes 2014, section 126C.15, subdivision 1, is amended to read:


Subdivision 1.

Use of revenue.

The basic skills revenue under section 126C.10,
subdivision 4
, must be reserved and used to meet the educational needs of pupils who
enroll under-prepared to learn and whose progress toward meeting state or local content
or performance standards is below the level that is appropriate for learners of their age.
Basic skills revenue may also be used for programs designed to prepare children and their
families for entry into school whether the student first enrolls in kindergarten or first grade.
Any of the following may be provided to meet these learners' needs:

(1) direct instructional services under the assurance of mastery program according
to section 124D.66;

(2) remedial instruction in reading, language arts, mathematics, other content areas,
or study skills to improve the achievement level of these learners;

(3) additional teachers and teacher aides to provide more individualized instruction
to these learners through individual tutoring, lower instructor-to-learner ratios, or team
teaching;

(4) a longer school day or week during the regular school year or through a summer
program that may be offered directly by the site or under a performance-based contract
with a community-based organization;

(5) recruitment and new teacher development activities through quality mentor-led
induction or "grow your own" initiatives;

(6) a hiring bonus or other added compensation for a teacher identified as effective
or highly effective under the local teacher professional review cycle who agrees to work
in a hard-to-fill position or hard-to-staff school setting such as a school with a majority
of students whose families meet federal poverty guidelines, a geographically isolated
school, or a school identified by the state as eligible for targeted programs or services
for its students;

(5) (7) comprehensive and ongoing staff development consistent with district and
site plans according to section 122A.60, for teachers, teacher aides, principals, and other
personnel to improve their ability to identify the needs of these learners and provide
appropriate remediation, intervention, accommodations, or modifications;

(6) (8) instructional materials, digital learning, and technology appropriate for
meeting the individual needs of these learners;

(7) (9) programs to reduce truancy, encourage completion of high school, enhance
self-concept, provide health services, provide nutrition services, provide a safe and secure
learning environment, provide coordination for pupils receiving services from other
governmental agencies, provide psychological services to determine the level of social,
emotional, cognitive, and intellectual development, and provide counseling services,
guidance services, and social work services;

(8) (10) bilingual programs, bicultural programs, and programs for English learners;

(9) all-day kindergarten;

(10) (11) prekindergarten programs for four-year-olds and other early education
programs, parent-training programs, school readiness programs, kindergarten programs
for four-year-olds,
voluntary home visits under section 124D.13, subdivision 4, and other
outreach efforts designed to prepare children for kindergarten;

(11) (12) extended school day and extended school year programs including summer
academies
; and

(12) (13) substantial parent involvement in developing and implementing remedial
education or intervention plans for a learner, including learning contracts between the
school, the learner, and the parent that establish achievement goals and responsibilities of
the learner and the learner's parent or guardian.

EFFECTIVE DATE.

This section is effective July 1, 2015.

Sec. 18.

Minnesota Statutes 2014, section 126C.15, subdivision 2, is amended to read:


Subd. 2.

Building allocation.

(a) Unless a plan has been adopted according to
paragraph (b),
a district or cooperative must allocate its compensatory revenue to each
school building in the district or cooperative where the children who have generated the
revenue are served unless the school district or cooperative has received permission under
Laws 2005, First Special Session chapter 5, article 1, section 50, to allocate compensatory
revenue according to student performance measures developed by the school board
.

(b) Notwithstanding paragraph (a), the board of a district or cooperative may allocate
up to five percent of the amount of
reallocate any or all of its compensatory revenue that
the district receives to school sites
according to a plan adopted by the school board, and a
district or cooperative may allocate up to an additional five percent of its compensatory
revenue for activities under subdivision 1, clause (10), according to a plan adopted by the
school board
. The money reallocated under this paragraph must be spent for the purposes
listed in subdivision 1, but may be spent on students in any grade, including students
attending school readiness or other prekindergarten programs.

(c) For the purposes of this section and section 126C.05, subdivision 3, "building"
means education site as defined in section 123B.04, subdivision 1.

(d) Notwithstanding section 123A.26, subdivision 1, compensatory revenue
generated by students served at a cooperative unit shall be paid to the cooperative unit.

(e) A district or cooperative with school building openings, school building
closings, changes in attendance area boundaries, or other changes in programs or student
demographics between the prior year and the current year may reallocate compensatory
revenue among sites to reflect these changes. A district or cooperative must report to the
department any adjustments it makes according to this paragraph and the department must
use the adjusted compensatory revenue allocations in preparing the report required under
section 123B.76, subdivision 3, paragraph (c).

EFFECTIVE DATE.

This section is effective July 1, 2015.

Sec. 19.

Minnesota Statutes 2014, section 126C.15, subdivision 3, is amended to read:


Subd. 3.

Recommendation.

A school site decision-making team, as defined in
section 123B.04, subdivision 2, paragraph (a), or the instruction and curriculum advisory
committee under section 120B.11, if the school has no school site decision team, shall may
recommend to the school board how the compensatory education revenue will be used to
carry out the purpose of this section. A school district that has received permission under
Laws 2005, First Special Session chapter 5, article 1, section 50, to allocate compensatory
revenue according to school performance measures shall share its plan for the distribution
of compensatory revenue with the school site decision team.

EFFECTIVE DATE.

This section is effective July 1, 2015.

Sec. 20.

Minnesota Statutes 2014, section 126C.17, subdivision 1, is amended to read:


Subdivision 1.

Referendum allowance.

(a) A district's initial referendum allowance
equals the result of the following calculations:

(1) multiply the referendum allowance the district would have received for fiscal
year 2015 under Minnesota Statutes 2012, section 126C.17, subdivision 1, based on
elections held before July 1, 2013, by the resident marginal cost pupil units the district
would have counted for fiscal year 2015 under Minnesota Statutes 2012, section 126C.05;

(2) add to the result of clause (1) the adjustment the district would have received
under Minnesota Statutes 2012, section 127A.47, subdivision 7, paragraphs (a), (b), and
(c), based on elections held before July 1, 2013;

(3) divide the result of clause (2) by the district's adjusted pupil units for fiscal
year 2015;

(4) add to the result of clause (3) any additional referendum allowance per adjusted
pupil unit authorized by elections held between July 1, 2013, and December 31, 2013;

(5) add to the result in clause (4) any additional referendum allowance resulting from
inflation adjustments approved by the voters prior to January 1, 2014;

(6) subtract from the result of clause (5), the sum of a district's actual local optional
levy and local optional aid under section 126C.10, subdivision 2e, divided by the adjusted
pupil units of the district for that school year; and

(7) if the result of clause (6) is less than zero, set the allowance to zero.

(b) A district's referendum allowance equals the sum of the district's initial
referendum allowance, plus any new referendum allowance authorized between July 1,
2013, and December 31, 2013, under subdivision 9a,
plus any additional referendum
allowance per adjusted pupil unit authorized after December 31, 2013, minus any
allowances expiring in fiscal year 2016 or later, provided that the allowance may not be
less than zero. For a district with more than one referendum allowance for fiscal year
2015 under Minnesota Statutes 2012, section 126C.17, the allowance calculated under
paragraph (a), clause (3), must be divided into components such that the same percentage
of the district's allowance expires at the same time as the old allowances would have
expired under Minnesota Statutes 2012, section 126C.17. For a district with more than one
allowance for fiscal year 2015 that expires in the same year, the reduction under paragraph
(a), clause (6), to offset local optional revenue shall be made first from any allowances that
do not have an inflation adjustment approved by the voters.

EFFECTIVE DATE.

This section is effective the day following final enactment for
fiscal year 2015 and later.

Sec. 21.

Minnesota Statutes 2014, section 126C.17, subdivision 2, is amended to read:


Subd. 2.

Referendum allowance limit.

(a) Notwithstanding subdivision 1, for
fiscal year 2015 and later, a district's referendum allowance must not exceed the annual
inflationary increase as calculated under paragraph (b) times the greatest of:

(1) $1,845;

(2) the sum of the referendum revenue the district would have received for fiscal
year 2015 under Minnesota Statutes 2012, section 126C.17, subdivision 4, based on
elections held before July 1, 2013, and the adjustment the district would have received
under Minnesota Statutes 2012, section 127A.47, subdivision 7, paragraphs (a), (b), and
(c), based on elections held before July 1, 2013, divided by the district's adjusted pupil
units for fiscal year 2015;

(3) the product of the referendum allowance limit the district would have received
for fiscal year 2015 under Minnesota Statutes 2012, section 126C.17, subdivision 2, and
the resident marginal cost pupil units the district would have received for fiscal year 2015
under Minnesota Statutes 2012, section 126C.05, subdivision 6, plus the adjustment the
district would have received under Minnesota Statutes 2012, section 127A.47, subdivision
7
, paragraphs (a), (b), and (c), based on elections held before July 1, 2013, divided by
the district's adjusted pupil units for fiscal year 2015; minus $424 for a district receiving
local optional revenue under section 126C.10, subdivision 2d, paragraph (a), minus
$212 for a district receiving local optional revenue under section 126C.10, subdivision
2d
, paragraph (b)
; or

(4) for a newly reorganized district created after July 1, 2013, the referendum
revenue authority for each reorganizing district in the year preceding reorganization
divided by its adjusted pupil units for the year preceding reorganization.

(b) For purposes of this subdivision, for fiscal year 2016 and later, "inflationary
increase" means one plus the percentage change in the Consumer Price Index for urban
consumers, as prepared by the United States Bureau of Labor Standards, for the current
fiscal year to fiscal year 2015. For fiscal year 2016 and later, for purposes of paragraph (a),
clause (3), the inflationary increase equals one-fourth of the percentage increase in the
formula allowance for that year compared with the formula allowance for fiscal year 2015.

EFFECTIVE DATE.

This section is effective the day following final enactment for
fiscal year 2015 and later.

Sec. 22. APPROPRIATIONS.

Subdivision 1.

Department of Education.

The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.

Subd. 2.

General education aid.

For general education aid under Minnesota
Statutes, section 126C.13, subdivision 4:

$
6,546,771,000
.....
2016
$
6,609,377,000
.....
2017

The 2016 appropriation includes $622,908,000 for 2015 and $5,923,863,000 for
2016.

The 2017 appropriation includes $630,151,000 for 2016 and $5,979,226,000 for
2017.

Subd. 3.

Enrollment options transportation.

For transportation of pupils attending
postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation
of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:

$
39,000
.....
2016
$
42,000
.....
2017

Subd. 4.

Abatement revenue.

For abatement aid under Minnesota Statutes, section
127A.49:

$
2,740,000
.....
2016
$
2,932,000
.....
2017

The 2016 appropriation includes $278,000 for 2015 and $2,462,000 for 2016.

The 2017 appropriation includes $273,000 for 2016 and $2,659,000 for 2017.

Subd. 5.

Consolidation transition.

For districts consolidating under Minnesota
Statutes, section 123A.485:

$
292,000
.....
2016
$
165,000
.....
2017

The 2016 appropriation includes $22,000 for 2015 and $270,000 for 2016.

The 2017 appropriation includes $30,000 for 2016 and $135,000 for 2017.

Subd. 6.

Nonpublic pupil education aid.

For nonpublic pupil education aid under
Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:

$
16,756,000
.....
2016
$
17,309,000
.....
2017

The 2016 appropriation includes $1,575,000 for 2015 and $15,181,000 for 2016.

The 2017 appropriation includes $1,686,000 for 2016 and $15,623,000 for 2017.

Subd. 7.

Nonpublic pupil transportation.

For nonpublic pupil transportation aid
under Minnesota Statutes, section 123B.92, subdivision 9:

$
17,322,000
.....
2016
$
17,228,000
.....
2017

The 2016 appropriation includes $1,816,000 for 2015 and $15,506,000 for 2016.

The 2017 appropriation includes $1,722,000 for 2016 and $15,506,000 for 2017.

Subd. 8.

One-room schoolhouse.

For a grant to Independent School District No.
690, Warroad, to operate the Angle Inlet School:

$
65,000
.....
2016
$
65,000
.....
2017

Subd. 9.

Compensatory revenue pilot project.

For grants for participation in the
compensatory revenue pilot program under Laws 2005, First Special Session chapter 5,
article 1, section 50:

$
7,325,000
.....
2016
$
7,325,000
.....
2017

Of this amount, $4,730,000 in each year is for a grant to Independent School District
No. 11, Anoka-Hennepin; $240,000 in each year is for a grant to Independent School
District No. 286, Brooklyn Center; $660,000 in each year is for a grant to Independent
School District No. 279, Osseo; $500,000 in each year is for a grant to Independent
School District No. 281, Robbinsdale; $520,000 in each year is for a grant to Independent
School District No. 535, Rochester; $205,000 in each year is for a grant to Independent
School District No. 833, South Washington; and $470,000 in each year is for a grant to
Independent School District No. 241, Albert Lea.

If a grant to a specific school district is not awarded, the commissioner may increase
the aid amounts to any of the remaining participating school districts.

Subd. 10.

Career and technical aid.

For career and technical aid under Minnesota
Statutes, section 124D.4531, subdivision 1b:

$
5,420,000
.....
2016
$
4,405,000
.....
2017

The 2016 appropriation includes $574,000 for 2015 and $4,846,000 for 2016.

The 2017 appropriation includes $538,000 for 2016 and $3,867,000 for 2017.

Sec. 23. REPEALER.

Minnesota Statutes 2014, sections 126C.12, subdivision 6; 126C.13, subdivisions 3a,
3b, and 3c; and 126C.41, subdivision 1,
and

Minnesota Rules, part 3500.1000, are repealed.

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2014, section 5A.03, is amended to read:


5A.03 ORGANIZATION APPLICATION FOR REGISTRATION.

Subdivision 1.

Placing high school students in Minnesota.

(a) An application for
registration as an international student exchange visitor placement organization must be
submitted in the form prescribed by the secretary of state. The application must include:

(1) evidence that the organization meets the standards established by the secretary of
state by rule;

(2) the name, address, and telephone number of the organization, its chief executive
officer, and the person within the organization who has primary responsibility for
supervising placements within the state;

(3) the organization's unified business identification number, if any;

(4) the organization's Office of Exchange Coordination and Designation, United
States Department of State number, if any;

(5) evidence of Council on Standards for International Educational Travel listing, if
any;

(6) whether the organization is exempt from federal income tax; and

(7) a list of the organization's placements in Minnesota for the previous academic
year including the number of students placed, their home countries, the school districts in
which they were placed, and the length of their placements.

(b) The application must be signed by the chief executive officer of the organization
and the person within the organization who has primary responsibility for supervising
placements within Minnesota. If the secretary of state determines that the application is
complete, the secretary of state shall file the application and the applicant is registered.

(c) Organizations that have registered shall inform the secretary of state of any
changes in the information required under paragraph (a), clause (1), within 30 days of the
change. There is no fee to amend a registration.

(d) Registration under this chapter is valid for one year. The registration may be
renewed annually. The fee to renew a registration is $50 per year.

(e) Organizations registering for the first time in Minnesota must pay an initial
registration fee of $150.

(f) Fees collected by the secretary of state under this section must be deposited in the
state treasury and credited to the general fund.

Subd. 2.

Placing Minnesota students in travel abroad programs.

(a) A school
district or charter school with enrolled students who participate in a foreign exchange or
study or other travel abroad program under a written agreement between the district or
charter school and the program provider must use a form developed by the Department
of Education to annually report to the department by November 1 the following data
from the previous school year:

(1) the number of Minnesota student deaths that occurred while Minnesota students
were participating in the foreign exchange or study or other travel abroad program and
that resulted from Minnesota students participating in the program;

(2) the number of Minnesota students hospitalized due to accidents and the illnesses
that occurred while Minnesota students were participating in the foreign exchange or study
or other travel abroad program and that resulted from Minnesota students participating
in the program; and

(3) the name and type of the foreign exchange or study or other travel abroad
program and the city or region where the reported death, hospitalization due to accident,
or the illness occurred.

(b) School districts and charter schools must ask but must not require enrolled
eligible students and the parents or guardians of other enrolled students who complete
a foreign exchange or study or other travel abroad program to disclose the information
under paragraph (a).

(c) When reporting the data under paragraph (a), a school district or charter school
may supplement the data with a brief explanatory statement. The Department of Education
annually must aggregate and publish the reported data on the department Web site in
a format that facilitates public access to the aggregated data and include links to both
the United States Department of State's Consular Information Program that informs the
public of conditions abroad that may affect students' safety and security and the publicly
available reports on sexual assaults and other criminal acts affecting students participating
in a foreign exchange or study or other travel abroad program.

(d) School districts and charter schools with enrolled students who participate in
foreign exchange or study or other travel abroad programs under a written agreement
between the district or charter school and the program provider are encouraged to adopt
policies supporting the programs and to include program standards in their policies to
ensure students' health and safety.

(e) To be eligible under this subdivision to provide a foreign exchange or study or
other travel abroad program to Minnesota students enrolled in a school district or charter
school, a program provider annually must register with the secretary of state and provide
the following information on a form developed by the secretary of state: the name,
address, and telephone number of the program provider, its chief executive officer, and
the person within the provider's organization who is primarily responsible for supervising
programs within the state; the program provider's unified business identification number,
if any; evidence of Council on Standards for International Educational Travel listing,
if any; whether the program provider is exempt from federal income tax; a list of the
program provider's placements in foreign countries for the previous school year including
the number of Minnesota students placed, where Minnesota students were placed, and
the length of their placement; the terms and limits of the medical and accident insurance
available to cover participating students and the process for filing a claim; and the
signatures of the program provider's chief executive officer and the person primarily
responsible for supervising Minnesota students' placements in foreign countries. If the
secretary of state determines the registration is complete, the secretary of state shall file the
registration and the program provider is registered. Registration with the secretary of state
must not be considered or represented as an endorsement of the program provider by the
secretary of state. The secretary of state annually must publish on its Web site aggregated
data under paragraph (c) received from the Department of Education.

(f) Program providers, annually by August 1, must provide the data required under
paragraph (a), clauses (1) to (3), to the districts and charter schools with enrolled students
participating in the provider's program.

(g) The school district, the charter school, the Department of Education, and their
respective employees, when acting in their official capacity, are immune from civil and
criminal liability with respect to all activities related to implementing this subdivision.

EFFECTIVE DATE.

This section is effective for the 2015-2016 school year and
later.

Sec. 2.

Minnesota Statutes 2014, section 120B.022, subdivision 1a, is amended to read:


Subd. 1a.

Foreign language and culture; proficiency certificates.

(a) World
languages teachers and other school staff should develop and implement world languages
programs that acknowledge and reinforce the language proficiency and cultural awareness
that non-English language speakers already possess, and encourage students' proficiency
in multiple world languages. Programs under this section must encompass indigenous
American Indian languages and cultures, among other world languages and cultures. The
department shall consult with postsecondary institutions in developing related professional
development opportunities for purposes of this section.

(b) Any Minnesota public, charter, or nonpublic school may award Minnesota
World Language Proficiency Certificates or Minnesota World Language Proficiency High
Achievement Certificates,
consistent with this subdivision.

(c) The Minnesota World Language Proficiency Certificate recognizes students who
demonstrate listening, speaking, reading, and writing language skills at the American
Council on the Teaching of Foreign Languages' Intermediate-Low level on a valid and
reliable assessment tool. For languages listed as Category 3 by the United States Foreign
Service Institute or Category 4 by the United States Defense Language Institute, the
standard is Intermediate-Low for listening and speaking and Novice-High for reading
and writing.

(d) The Minnesota World Language Proficiency High Achievement Certificate
recognizes students who demonstrate listening, speaking, reading, and writing language
skills at the American Council on the Teaching of Foreign Languages' Pre-Advanced level
for K-12 learners on a valid and reliable assessment tool. For languages listed as Category
3 by the United States Foreign Service Institute or Category 4 by the United States
Defense Language Institute, the standard is Pre-Advanced for listening and speaking and
Intermediate-Mid for reading and writing.

Sec. 3.

Minnesota Statutes 2014, section 120B.022, subdivision 1b, is amended to read:


Subd. 1b.

State bilingual and multilingual seals.

(a) Consistent with efforts to
strive for the world's best workforce under sections 120B.11 and 124D.10, subdivision 8,
paragraph (u), and close the academic achievement and opportunity gap under sections
124D.861 and 124D.862, voluntary state bilingual and multilingual seals are established
to recognize high school graduates students who demonstrate level 3 an advanced low
level or an intermediate high level of
functional native proficiency in listening, speaking,
reading, and writing on either the Foreign Services Institute language assessments aligned
with American Council on the Teaching of Foreign Languages' (ACTFL)
proficiency
tests guidelines or on equivalent valid and reliable assessments in one or more languages
in addition to English. American Sign Language is a language other than English for
purposes of this subdivision and a world language for purposes of subdivision 1a.

(b) In addition to paragraph (a), to be eligible to receive a seal:

(1) students must satisfactorily complete all required English language arts credits;
and

(2) students whose primary language is other than English must demonstrate mastery
of Minnesota's English language proficiency standards.

(c) Consistent with this subdivision, a high school graduate who demonstrates
an intermediate high ACTFL level of functional native proficiency in one language
in addition to English is eligible to receive the state bilingual gold seal. A high school
graduate who demonstrates an intermediate high ACTFL level of functional native
proficiency in more than one language in addition to English is eligible to receive the
state multilingual gold seal. A high school graduate who demonstrates an advanced low
ACTFL level of functional proficiency in one language in addition to English is eligible
to receive the state bilingual platinum seal. A high school graduate who demonstrates
an advanced-low ACTFL level of functional proficiency in more than one language in
addition to English is eligible to receive the state multilingual platinum seal.

(d) School districts and charter schools, in consultation with regional centers of
excellence under section 120B.115, must
may give students periodic opportunities to
demonstrate their level of proficiency in listening, speaking, reading, and writing in a
language in addition to English. Where valid and reliable assessments are unavailable, a
school district or charter school may rely on a licensed foreign language immersion teacher
or a nonlicensed community expert under section 122A.25
evaluators trained in assessing
under ACTFL proficiency guidelines
to assess a student's level of foreign, heritage, or
indigenous language proficiency under this section. School districts and charter schools
must maintain appropriate records to identify high school graduates eligible to receive the
state bilingual or multilingual seal gold and platinum seals. The school district or charter
school must affix the appropriate seal to the transcript of each high school graduate who
meets the requirements of this subdivision and may affix the seal to the student's diploma. A
school district or charter school must not charge the high school graduate a fee for this seal.

(e) A school district or charter school may award elective course credits in world
languages to a student who demonstrates the requisite proficiency in a language other
than English under this section.

(f) A school district or charter school may award community service credit to a
student who demonstrates level 3 an intermediate high or advanced low ACTFL level of
functional native proficiency in listening, speaking, reading, and writing in a language
other than English and who participates in community service activities that are integrated
into the curriculum, involve the participation of teachers, and support biliteracy in the
school or local community.

(g) The commissioner must develop a Web page for the electronic delivery of these
seals.
The commissioner must list on the Web page those assessments that are equivalent
to the Foreign Services Institute language
aligned to ACTFL proficiency tests guidelines.

(h) By August 1, 2015, the colleges and universities of the Minnesota State Colleges
and Universities system must award foreign language credits to a student who receives a
state bilingual seal or a state multilingual seal under this subdivision and may
establish
criteria to translate the seals into college credits based on the world language course
equivalencies identified by the Minnesota State Colleges and Universities faculty and
staff and, upon request from an enrolled student, the Minnesota State Colleges and
Universities may
award foreign language credits to a student who receives a Minnesota
World Language Proficiency Certificate or a Minnesota World Language Proficiency
High Achievement Certificate
under subdivision 1a. A student who demonstrated the
requisite level of language proficiency in grade 10, 11, or 12 to receive a seal or certificate
and is enrolled in a Minnesota State Colleges and Universities institution must request
college credits for the student's seal or proficiency certificate within three academic years
after graduating from high school. The University of Minnesota is encouraged to award
students foreign language academic credits consistent with this paragraph.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies beginning with students graduating in the 2014-2015 school year who demonstrate
the requisite language proficiency in grade 10, 11, or 12.

Sec. 4.

Minnesota Statutes 2014, section 120B.12, subdivision 4a, is amended to read:


Subd. 4a.

Local literacy plan.

(a) Consistent with this section, a school district
must adopt a local literacy plan to have every child reading at or above grade level no
later than the end of grade 3, including English learners. The plan must be consistent with
section 122A.06, subdivision 4, and
include the following:

(1) a process to assess students' level of reading proficiency, and data to support the
effectiveness of an assessment used to screen and identify a student's level of reading
proficiency;

(2) a process to notify and involve parents, intervene with ;

(3) a description of how schools in the district will determine the proper reading
intervention strategy for a student and the process for intensifying or modifying the
reading strategy in order to obtain measurable reading progress;

(4) evidence-based intervention methods for students who are not reading at or
above grade level, and identify and meet and progress monitoring to provide information
on the effectiveness of the intervention; and

(5) identification of staff development needs, including a program to meet those
needs
.

(b) The district must post its literacy plan on the official school district Web site.

EFFECTIVE DATE.

This section is effective for fiscal year 2016 and later.

Sec. 5.

Minnesota Statutes 2014, section 120B.13, subdivision 4, is amended to read:


Subd. 4.

Rigorous course taking information; AP, IB, and PSEO.

The
commissioner shall submit the following information on rigorous course taking,
disaggregated by student subgroup, school district, and postsecondary institution,
to the
education committees of the legislature each year by February 1:

(1) the number of pupils enrolled in postsecondary enrollment options under section
124D.09, including concurrent enrollment, career and technical education courses offered
as a concurrent enrollment course,
advanced placement, and international baccalaureate
courses in each school district;

(2) the number of teachers in each district attending training programs offered by the
college board, International Baccalaureate North America, Inc., or Minnesota concurrent
enrollment programs;

(3) the number of teachers in each district participating in support programs;

(4) recent trends in the field of postsecondary enrollment options under section
124D.09, including concurrent enrollment, advanced placement, and international
baccalaureate programs;

(5) expenditures for each category in this section and under sections 124D.09 and
124D.091, including career and technical education courses offered as a concurrent
enrollment course
; and

(6) other recommendations for the state program or the postsecondary enrollment
options under section 124D.09, including concurrent enrollment.

Sec. 6.

Minnesota Statutes 2014, section 120B.30, subdivision 3, is amended to read:


Subd. 3.

Reporting.

The commissioner shall report test results 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, including student homelessness, among other
factors
. The test results must not include personally identifiable information as defined in
Code of Federal Regulations, title 34, section 99.3. 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. The commissioner
shall disseminate to charter school authorizers a more comprehensive report containing
testing information that contains anonymized data where cell count data are sufficient to
protect student identity and that meets the authorizer's needs in fulfilling its obligations
under section 124D.10.

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to school year reports for the 2015-2016 school year and later.

Sec. 7.

Minnesota Statutes 2014, section 120B.31, subdivision 4, is amended to read:


Subd. 4.

Student performance data.

In developing 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 performance and growth levels measured at the school, school district, and
statewide level. When collecting and reporting the performance data, the commissioner
shall 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, including
student homelessness, among other demographic factors
. 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.

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to school year reports for the 2015-2016 school year and later.

Sec. 8.

Minnesota Statutes 2014, section 120B.36, subdivision 1, is amended to read:


Subdivision 1.

School performance reports.

(a) The commissioner shall report
student academic performance under section 120B.35, subdivision 2; the percentages of
students showing low, medium, and high growth under section 120B.35, subdivision
3
, paragraph (b); school safety and student engagement and connection under section
120B.35, subdivision 3, paragraph (d); rigorous coursework under section 120B.35,
subdivision 3
, paragraph (c); the percentage of students under section 120B.35,
subdivision 3
, paragraph (b), clause (2), whose progress and performance levels are
meeting career and college readiness benchmarks under sections 120B.30, subdivision 1,
and 120B.35, subdivision 3, paragraph (e); longitudinal data on the progress of eligible
districts in reducing disparities in students' academic achievement and realizing racial
and economic integration under section 124D.861; the acquisition of English, and
where practicable, native language academic literacy, including oral academic language,
and the academic progress of English learners under section 124D.59, subdivisions
2
and 2a; two separate student-to-teacher ratios that clearly indicate the definition of
teacher consistent with sections 122A.06 and 122A.15 for purposes of determining these
ratios; staff characteristics excluding salaries; student enrollment demographics; student
homelessness and
district mobility; and extracurricular activities. The report also must
indicate a school's adequate yearly progress status under applicable federal law, and must
not set any designations applicable to high- and low-performing schools due solely to
adequate yearly progress status.

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

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

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

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

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to school year reports for the 2015-2016 school year and later.

Sec. 9.

Minnesota Statutes 2014, section 122A.09, subdivision 4, is amended to read:


Subd. 4.

License and rules.

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

(b) The board must adopt rules requiring a person to pass a college-level skills
examination in reading, writing, and mathematics or attain either a composite score
composed of the average of the
essentially equivalent passing scores in English and
writing, reading, and mathematics on the ACT Plus Writing recommended by the board,
or an equivalent composite score composed of the average of the essentially equivalent
passing
scores in critical reading, mathematics, and writing on the SAT recommended
by the board, as a requirement for initial teacher licensure, except that the board may
issue up to two temporary, one-year teaching licenses to an otherwise qualified candidate
who has not yet passed the college-level skills exam or attained the requisite composite
score
essentially equivalent passing scores on the ACT Plus Writing or SAT. 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 college-level skills examination or attain the requisite composite score
essentially equivalent passing scores on the ACT Plus Writing or SAT, including those
for whom English is a second language. The requirement to pass a reading, writing,
and mathematics college-level skills examination or attain the requisite composite score
essentially equivalent passing scores on the ACT Plus Writing or SAT does not apply to
nonnative English speakers, as verified by qualified Minnesota school district personnel
or Minnesota higher education faculty, who, after meeting the content and pedagogy
requirements under this subdivision, apply for a teaching license to provide direct
instruction in their native language or world language instruction under section 120B.022,
subdivision 1
. A teacher candidate's official ACT Plus Writing or SAT composite score
report to the board must not be more than ten years old at the time of licensure.

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

(d) The board must provide the leadership and adopt rules for the redesign of teacher
education programs to implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective. Among other components,
teacher preparation programs are encouraged to provide a school-year-long student
teaching program that combines clinical opportunities with academic coursework and
in-depth student teaching experiences to offer students ongoing mentorship, coaching
and assessment, help to prepare a professional development plan, and structured
learning experiences.
The board shall implement new systems of teacher preparation
program evaluation to assure program effectiveness based on proficiency of graduates in
demonstrating attainment of program outcomes. Teacher preparation programs including
alternative teacher preparation programs under section 122A.245, among other programs,
must include a content-specific, board-approved, performance-based assessment that
measures teacher candidates in three areas: planning for instruction and assessment;
engaging students and supporting learning; and assessing student learning. The board's
redesign rules must include creating flexible, specialized teaching licenses, credentials,
and other endorsement forms to increase students' participation in language immersion
programs, world language instruction, career development opportunities, work-based
learning, early college courses and careers, career and technical programs, Montessori
schools, and project and place-based learning, among other career and college ready
learning offerings.

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

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

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

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

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

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

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

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

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

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

(o) The board must adopt rules by January 1, 2016, to license applicants under
sections 122A.23 and 122A.245. The rules must permit applicants to demonstrate their
qualifications through the board's recognition of a teaching license from another state
in a similar content field, completion of a state-approved teacher preparation program,
teaching experience as the teacher of record in a similar licensure field, depth of content
knowledge, depth of content methods or general pedagogy, subject-specific professional
development and contribution to the field, or classroom performance as determined by
documented student growth on normed assessments or documented effectiveness on
evaluations. The rules must adopt criteria for determining a "similar content field" and
"similar licensure area."

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to all candidates seeking initial teacher licensure, including those holding a
temporary, one-year teaching license.

Sec. 10.

Minnesota Statutes 2014, section 122A.09, is amended by adding a
subdivision to read:


Subd. 4a.

Teacher and administrator preparation and performance data;
report.

(a) The Board of Teaching and the Board of School Administrators, in cooperation
with the Minnesota Association of Colleges of Teacher Education and Minnesota colleges
and universities offering board-approved teacher or administrator preparation programs,
annually must collect and report summary data on teacher and administrator preparation
and performance outcomes, consistent with this subdivision. The Board of Teaching
and the Board of School Administrators annually by June 1 must update and post the
reported summary preparation and performance data on teachers and administrators from
the preceding school years on a Web site hosted jointly by the boards.

(b) Publicly reported summary data on teacher preparation programs must include:
student entrance requirements for each Board of Teaching-approved program, including
grade point average for enrolling students in the preceding year; the average college-level
skills examination or ACT or SAT scores of students entering the program in the preceding
year; summary data on faculty qualifications, including at least the content areas of faculty
undergraduate and graduate degrees and their years of experience either as kindergarten
through grade 12 classroom teachers or school administrators; the average time resident
and nonresident program graduates in the preceding year needed to complete the program;
the current number and percent of students by program who graduated, received a standard
Minnesota teaching license, and were hired to teach full time in their licensure field in a
Minnesota district or school in the preceding year; the number of content area credits and
other credits by undergraduate program that students in the preceding school year needed
to complete to graduate; students' pass rates on skills and subject matter exams required for
graduation in each program and licensure area in the preceding school year; survey results
measuring student and graduate satisfaction with the program in the preceding school
year; a standard measure of the satisfaction of school principals or supervising teachers
with the student teachers assigned to a school or supervising teacher; and information
under paragraphs (d) and (e). Program reporting must be consistent with subdivision 11.

(c) Publicly reported summary data on administrator preparation programs
approved by the Board of School Administrators must include: summary data on faculty
qualifications, including at least the content areas of faculty undergraduate and graduate
degrees and their years of experience either as kindergarten through grade 12 classroom
teachers or school administrators; the average time program graduates in the preceding
year needed to complete the program; the current number and percent of students who
graduated, received a standard Minnesota administrator license, and were employed as an
administrator in a Minnesota school district or school in the preceding year; the number of
credits by graduate program that students in the preceding school year needed to complete
to graduate; survey results measuring student, graduate, and employer satisfaction with
the program in the preceding school year; and information under paragraphs (f) and (g).
Program reporting must be consistent with section 122A.14, subdivision 10.

(d) School districts annually by October 1 must report to the Board of Teaching
the following information for all teachers who finished the probationary period and
accepted a continuing contract position with the district from September 1 of the previous
year through August 31 of the current year: the effectiveness category or rating of the
teacher on the summative evaluation under section 122A.40, subdivision 8, or 122A.41,
subdivision 5; the licensure area in which the teacher primarily taught during the
three-year evaluation cycle; and the teacher preparation program preparing the teacher in
the teacher's primary areas of instruction and licensure.

(e) School districts annually by October 1 must report to the Board of Teaching the
following information for all probationary teachers in the district who were released or
whose contracts were not renewed from September 1 of the previous year through August
31 of the current year: the licensure areas in which the probationary teacher taught; and
the teacher preparation program preparing the teacher in the teacher's primary areas of
instruction and licensure.

(f) School districts annually by October 1 must report to the Board of School
Administrators the following information for all school principals and assistant principals
who finished the probationary period and accepted a continuing contract position with the
district from September 1 of the previous year through August 31 of the current year: the
effectiveness category or rating of the principal or assistant principal on the summative
evaluation under section 123B.147, subdivision 3; and the principal preparation program
providing instruction to the principal or assistant principal.

(g) School districts annually by October 1 must report to the Board of School
Administrators all probationary school principals and assistant principals in the district
who were released or whose contracts were not renewed from September 1 of the previous
year through August 31 of the current year.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 11.

Minnesota Statutes 2014, section 122A.09, is amended by adding a
subdivision to read:


Subd. 11.

Teacher preparation program reporting.

By December 31, 2018, and
annually thereafter, the Board of Teaching shall report and publish on its Web site the
cumulative summary results of at least three consecutive years of data reported to the board
under subdivision 4a, paragraph (b). Where the data are sufficient to yield statistically
reliable information and the results would not reveal personally identifiable information
about an individual teacher, the board shall report the data by teacher preparation program.

Sec. 12.

Minnesota Statutes 2014, section 122A.14, subdivision 3, is amended to read:


Subd. 3.

Rules for continuing education requirements.

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 13.

Minnesota Statutes 2014, section 122A.14, is amended by adding a
subdivision to read:


Subd. 10.

Principal preparation program reporting.

By December 31, 2018, and
annually thereafter, the Board of School Administrators shall report and publish on its
Web site the cumulative summary results of three years of data reported to the board under
section 122A.09, subdivision 4a, paragraph (c), for each principal preparation program.

Sec. 14.

Minnesota Statutes 2014, section 122A.18, subdivision 2, is amended to read:


Subd. 2.

Teacher and support personnel qualifications.

(a) The Board of
Teaching must issue licenses under its jurisdiction to persons the board finds to be
qualified and competent for their respective positions, including those who meet the
standards adopted under section 122A.09, subdivision 4, paragraph (o)
.

(b) The board must require a person to pass an examination of college-level skills
in reading, writing, and mathematics or attain either a composite score composed of
the
average of the passing scores in English and writing, reading, and mathematics on
the ACT Plus Writing recommended by the board, or an equivalent composite score
composed
of the average of the passing scores in critical reading, mathematics, and
writing on the SAT recommended by the board, before being granted an initial teaching
license to provide direct instruction to pupils in prekindergarten, elementary, secondary,
or special education programs, except that the board may issue up to two temporary,
one-year teaching licenses to an otherwise qualified candidate who has not yet passed the
college-level skills exam or attained the requisite composite score essentially equivalent
passing scores
on the ACT Plus Writing or SAT. At the request of a school district or
charter school employer, the Board of Teaching must grant an additional temporary
one-year teaching license to an otherwise qualified teacher, employed by the district or
charter school, who held a temporary one-year teaching license in the previous school
year.
The board must require colleges and universities offering a board approved teacher
preparation program to make available upon request remedial assistance that includes a
formal diagnostic component to persons enrolled in their institution who did not achieve a
qualifying score on the college-level skills examination or attain the requisite composite
ACT Plus Writing or SAT score essentially equivalent passing scores, including those for
whom English is a second language. The colleges and universities must make available
assistance in the specific academic areas of candidates' deficiency. School districts may
make available upon request similar, appropriate, and timely remedial assistance that
includes a formal diagnostic component to those persons employed by the district who
completed their teacher education program, who did not achieve a qualifying score on the
college-level skills examination, or attain the requisite composite ACT Plus Writing or
SAT score essentially equivalent passing scores, and who received a temporary license
to teach in Minnesota. The Board of Teaching shall report annually to the education
committees of the legislature on the total number of teacher candidates during the most
recent school year taking the college-level skills examination, the number who achieve a
qualifying score on the examination, the number who do not achieve a qualifying score
on the examination, the distribution of all candidates' scores, the number of candidates
who have taken the examination at least once before, and the number of candidates who
have taken the examination at least once before and achieve a qualifying score,
and the
candidates who have not attained the requisite composite ACT Plus Writing or SAT score
essentially equivalent passing scores or have not passed a content or pedagogy exam,
disaggregated by categories of race, ethnicity, and eligibility for financial aid.

(c) The Board of Teaching must grant continuing licenses only to those persons
who have met meet board criteria for granting a continuing license, which includes
passing the college-level skills examination in reading, writing, and mathematics or
attaining the requisite composite ACT Plus Writing or SAT score essentially equivalent
passing scores
consistent with paragraph (b), and the exceptions in section 122A.09,
subdivision 4
, paragraph (b), that are consistent with this paragraph. The requirement to
pass a reading, writing, and mathematics college-level skills examination, or attain the
requisite composite score
essentially equivalent passing scores on the ACT Plus Writing
or SAT does not apply to nonnative English speakers, as verified by qualified Minnesota
school district personnel or Minnesota higher education faculty, who, after meeting the
content and pedagogy requirements under this subdivision, apply for a teaching license to
provide direct instruction in their native language or world language instruction under
section 120B.022, subdivision 1. A teacher candidate's official ACT Plus Writing or SAT
composite score passing scores report to the board must not be more than ten years old
at the time of licensure.

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

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to all candidates seeking initial teacher licensure, including those holding a
temporary, one-year teaching license.

Sec. 15.

Minnesota Statutes 2014, section 122A.20, subdivision 1, is amended to read:


Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The Board of
Teaching or Board of School Administrators, whichever has jurisdiction over a teacher's
licensure, may, on the written complaint of the school board employing a teacher, a teacher
organization, or any other interested person, refuse to issue, refuse to renew, suspend, or
revoke a teacher's license to teach for any of the following causes:

(1) immoral character or conduct;

(2) failure, without justifiable cause, to teach for the term of the teacher's contract;

(3) gross inefficiency or willful neglect of duty;

(4) failure to meet licensure requirements; or

(5) fraud or misrepresentation in obtaining a license.

The written complaint must specify the nature and character of the charges.

(b) The Board of Teaching or Board of School Administrators, whichever
has jurisdiction over a teacher's licensure, shall refuse to issue, refuse to renew, or
automatically revoke a teacher's license to teach without the right to a hearing upon
receiving a certified copy of a conviction showing that the teacher has been convicted
of child abuse, as defined in section 609.185, sex trafficking in the first degree under
section 609.322, subdivision 1, sex trafficking in the second degree under section 609.322,
subdivision 1a, engaging in hiring, or agreeing to hire a minor to engage in prostitution
under section 609.324, subdivision 1,
sexual abuse under section 609.342, 609.343,
609.344, 609.345, 609.3451, subdivision 3, or 617.23, subdivision 3, solicitation of
children to engage in sexual conduct or communication of sexually explicit materials
to children under section 609.352, interference with privacy under section 609.746 or
stalking under section 609.749 and the victim was a minor,
using minors in a sexual
performance under section 617.246, or possessing pornographic works involving a minor
under section 617.247, or any other offense not listed in this paragraph that requires the
person to register as a predatory offender under section 243.166,
or a crime under a similar
law of another state or the United States. The board shall send notice of this licensing
action to the district in which the teacher is currently employed.

(c) A person whose license to teach has been revoked, not issued, or not renewed
under paragraph (b), may petition the board to reconsider the licensing action if the
person's conviction for child abuse or sexual abuse is reversed by a final decision of the
Court of Appeals or the Supreme Court or if the person has received a pardon for the
offense. The petitioner shall attach a certified copy of the appellate court's final decision or
the pardon to the petition. Upon receiving the petition and its attachment, the board shall
schedule and hold a disciplinary hearing on the matter under section 214.10, subdivision 2,
unless the petitioner waives the right to a hearing. If the board finds that, notwithstanding
the reversal of the petitioner's criminal conviction or the issuance of a pardon, the
petitioner is disqualified from teaching under paragraph (a), clause (1), the board shall
affirm its previous licensing action. If the board finds that the petitioner is not disqualified
from teaching under paragraph (a), clause (1), it shall reverse its previous licensing action.

(d) For purposes of this subdivision, the Board of Teaching is delegated the authority
to suspend or revoke coaching licenses.

Sec. 16.

Minnesota Statutes 2014, section 122A.21, subdivision 2, is amended to read:


Subd. 2.

Licensure via portfolio.

(a) An eligible candidate may use licensure
via portfolio to obtain an initial licensure or to add a licensure field, consistent with the
applicable Board of Teaching licensure rules.

(b) A candidate for initial licensure must submit to the Educator Licensing Division
at the department one portfolio demonstrating pedagogical competence and one portfolio
demonstrating content competence.

(c) A candidate seeking to add a licensure field must submit to the Educator
Licensing Division at the department one portfolio demonstrating content competence.

(d) The Board of Teaching must notify a candidate who submits a portfolio under
paragraph (b) or (c) within 90 calendar days after the portfolio is received whether or not
the portfolio was approved. If the portfolio was not approved, the board must immediately
inform the candidate how to revise the portfolio to successfully demonstrate the requisite
competence. The candidate may resubmit a revised portfolio at any time and the Educator
Licensing Division at the department must approve or disapprove the portfolio within
60 calendar days of receiving it.

(e) A candidate must pay to the executive secretary of the Board of Teaching a
$300 fee for the first portfolio submitted for review and a $200 fee for any portfolio
submitted subsequently. The fees must be paid to the executive secretary of the Board of
Teaching. The revenue generated from the fee must be deposited in an education licensure
portfolio account in the special revenue fund. The fees set by the Board of Teaching are
nonrefundable for applicants not qualifying for a license. The Board of Teaching may
waive or reduce fees for candidates based on financial need.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to all portfolios submitted to the Educator Licensing Division at the department
after that date.

Sec. 17.

Minnesota Statutes 2014, section 122A.23, is amended to read:


122A.23 APPLICANTS TRAINED IN OTHER STATES.

Subdivision 1.

Preparation equivalency.

When a license to teach is authorized to
be issued to any holder of a diploma or a degree of a Minnesota state university, or of the
University of Minnesota, or of a liberal arts university, or a technical training institution,
such license may also, in the discretion of the Board of Teaching or the commissioner of
education, whichever has jurisdiction, be issued to any holder of a diploma or a degree
of a teacher training institution of equivalent rank and standing of any other state. The
diploma or degree must be granted by virtue of completing a course coursework in teacher
preparation essentially equivalent in content to that required by such Minnesota state
university or the University of Minnesota or a liberal arts university in Minnesota or a
technical training institution
as preliminary to the granting of a diploma or a degree of the
same rank and class. For purposes of granting a Minnesota teaching license to a person
who receives a diploma or degree from a state-accredited, out-of-state teacher training
program leading to licensure, the Board of Teaching must establish criteria and streamlined
procedures by January 1, 2016, to recognize the experience and professional credentials of
the person holding the out-of-state diploma or degree and allow that person to demonstrate
to the board the person's qualifications for receiving a Minnesota teaching license based
on performance measures the board adopts by January 1, 2016, under this section.

Subd. 2.

Applicants licensed in other states.

(a) Subject to the requirements
of sections 122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue a
teaching license or a temporary teaching license under paragraphs (b) (c) to (e) (f) to an
applicant who holds at least a baccalaureate degree from a regionally accredited college
or university and holds or held a similar an out-of-state teaching license that requires the
applicant to successfully complete a teacher preparation program approved by the issuing
state, which includes either (1) field-specific teaching methods and , student teaching, or
essentially equivalent experience, or (2) at least two years of teaching experience as the
teacher of record in a similar licensure field
.

(b) The Board of Teaching may issue a standard license on the basis of teaching
experience and examination requirements only.

(c) The Board of Teaching must issue a teaching license to an applicant who:

(1) successfully completed all exams and human relations preparation components
required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license to teach the same a similar content
field and grade levels if the scope of the out-of-state license is no more than two grade
levels less than a similar Minnesota license, and either (i) has completed field-specific
teaching methods, student teaching, or equivalent experience, or (ii) has at least two years
of teaching experience as the teacher of record in a similar licensure field
.

(c) (d) The Board of Teaching, consistent with board rules and paragraph (h) (i),
must issue up to three one-year temporary teaching licenses to an applicant who holds or
held an out-of-state teaching license to teach the same a similar content field and grade
levels, where the scope of the out-of-state license is no more than two grade levels less
than a similar Minnesota license, but has not successfully completed all exams and human
relations preparation components required by the Board of Teaching.

(d) (e) The Board of Teaching, consistent with board rules, must issue up to three
one-year temporary teaching licenses to an applicant who:

(1) successfully completed all exams and human relations preparation components
required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license to teach the same a similar content
field and grade levels, where the scope of the out-of-state license is no more than two
grade levels less than a similar Minnesota license, but has not completed field-specific
teaching methods or student teaching or equivalent experience.

The applicant may complete field-specific teaching methods and student teaching
or equivalent experience by successfully participating in a one-year school district
mentorship program consistent with board-adopted standards of effective practice and
Minnesota graduation requirements.

(e) (f) The Board of Teaching must issue a temporary teaching license for a term
of up to three years only in the content field or grade levels specified in the out-of-state
license to an applicant who:

(1) successfully completed all exams and human relations preparation components
required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license where the out-of-state license is
more limited in the content field or grade levels than a similar Minnesota license.

(f) (g) The Board of Teaching must not issue to an applicant more than three
one-year temporary teaching licenses under this subdivision.

(g) (h) The Board of Teaching must not may issue a license under this subdivision if
the applicant has not attained the additional degrees, credentials, or licenses required in
a particular licensure field and the applicant can demonstrate competency by obtaining
qualifying scores on the college-level skills examination in reading, writing, and
mathematics or demonstrating attainment of essentially equivalent passing scores on the
ACT Plus Writing or SAT, and on applicable board-approved rigorous content area and
pedagogy examinations under section 122A.09, subdivision 4, paragraphs (a) and (e)
.

(h) (i) The Board of Teaching must require an applicant for a teaching license
or a temporary teaching license under this subdivision to pass a college-level skills
examination in reading, writing, and mathematics or demonstrate, consistent with section
122A.09, subdivision 4, the applicant's attainment of either the requisite composite ACT
Plus Writing or SAT score essentially equivalent passing scores before the board issues
the license unless, notwithstanding other provisions of this subdivision, an applicable
board-approved National Association of State Directors of Teacher Education interstate
reciprocity agreement exists to allow fully certified teachers from other states to transfer
their certification to Minnesota.

Subd. 3.

Teacher licensure agreements with adjoining states.

(a) Notwithstanding
other law to the contrary, the Board of Teaching must enter into interstate agreements for
teacher licensure to allow fully certified teachers from adjoining states to transfer their
certification to Minnesota and receive a full, five-year continuing teaching license without
having to complete any additional exams or other preparation requirements. The board
must enter into these interstate agreements only after determining that the rigor of the
teacher licensure or certification requirements in the adjoining state is commensurate with
the rigor of Minnesota's teacher licensure requirements. The board may limit an interstate
agreement to particular content fields or grade levels based on established priorities or
identified shortages. This subdivision does not apply to out-of-state applicants holding
only a provisional teaching license.

(b) The Board of Teaching is strongly encouraged to work with designated
authorities in adjoining states to establish reciprocal interstate teacher licensure
agreements under this section.

EFFECTIVE DATE.

This section is effective August 1, 2015.

Sec. 18.

Minnesota Statutes 2014, section 122A.245, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) To improve academic excellence, improve ethnic
and cultural diversity in the classroom, and close the academic achievement gap, the
Board of Teaching must approve qualified teacher preparation programs under this section
that are a means to acquire a two-year limited-term license, which the board may renew
one time for an additional one-year term, and to prepare for acquiring a standard license.
The following entities are eligible to participate under this section:

(1) a school district or , charter school, or nonprofit corporation organized under
chapter 317A for an education-related purpose
that forms a partnership with a college or
university that has a board-approved alternative teacher preparation program; or

(2) a school district or , charter school, or nonprofit corporation organized under
chapter 317A for an education-related purpose
after consulting with a college or university
with a board-approved teacher preparation program, that forms a partnership with a
nonprofit corporation organized under chapter 317A for an education-related purpose that
has a board-approved teacher preparation program
.

(b) Before participating in this program becoming a teacher of record, a candidate
must:

(1) have a bachelor's degree with a 3.0 or higher grade point average unless the
board waives the grade point average requirement based on board-adopted criteria adopted
by January 1, 2016
;

(2) pass the reading, writing, and mathematics college-level skills examination under
section 122A.09, subdivision 4, paragraph (b), or demonstrate attainment of either ACT
Plus Writing or SAT essentially equivalent passing scores
; and

(3) obtain qualifying scores on applicable board-approved rigorous content area and
pedagogy examinations under section 122A.09, subdivision 4, paragraph (e).

(c) The Board of Teaching must issue a two-year limited-term license to a person
who enrolls in an alternative teacher preparation program. This limited term license is not
a provisional license under section 122A.40 or 122A.41.

Sec. 19.

Minnesota Statutes 2014, section 122A.245, subdivision 3, is amended to read:


Subd. 3.

Program approval; disapproval.

(a) The Board of Teaching must approve
alternative teacher preparation programs under this section based on board-adopted
criteria that reflect best practices for alternative teacher preparation programs, consistent
with this section.

(b) The board must permit teacher candidates to demonstrate mastery of pedagogy
and content standards in school-based settings and through other nontraditional means.
"Nontraditional means" must include a portfolio of previous experiences, teaching
experience, educator evaluations, certifications marking the completion of education
training programs, and essentially equivalent demonstrations.

(c) The board must use nontraditional criteria to determine the qualifications of
program instructors.

(d) The board may permit instructors to hold a baccalaureate degree only.

(b) (e) If the Board of Teaching determines that a teacher preparation program under
this section does not meet the requirements of this section, it may revoke its approval
of the program after it notifies the program provider of any deficiencies and gives the
program provider an opportunity to remedy the deficiencies.

Sec. 20.

Minnesota Statutes 2014, section 122A.245, subdivision 7, is amended to read:


Subd. 7.

Standard license.

The Board of Teaching must issue a standard license
to an otherwise qualified teacher candidate under this section who successfully performs
throughout a program under this section, successfully completes all required obtains
qualifying scores on applicable board-approved rigorous
college-level skills, pedagogy,
and content area examinations under section 122A.09, subdivision 4, paragraphs (a) and
(e), and is recommended for licensure under subdivision 5 or successfully demonstrates to
the board qualifications for licensure under subdivision 6.

Sec. 21.

Minnesota Statutes 2014, section 122A.25, is amended to read:


122A.25 NONLICENSED COMMUNITY EXPERTS; VARIANCE.

Subdivision 1.

Authorization.

Notwithstanding any law, Board of Teaching rule, or
commissioner of education rule to the contrary, the Board of Teaching may allow school
districts or charter schools to may hire nonlicensed community experts to teach in the
public schools or charter schools on a limited basis according to this section after making
efforts to obtain acceptable licensed teachers for the particular course or subject area,
consistent with subdivision 2, clause (3). A school district or charter school must notify a
student's parent or guardian before placing the student in the classroom of a nonlicensed
community expert hired by the district or school to provide instruction under this section
.

Subd. 2.

Applications Reports; criteria.

The school district or charter school
shall apply report to the Board of Teaching for approval when it uses a variance to hire
nonlicensed teaching personnel from the community. In approving or disapproving the
application for each community expert,
The board report shall consider include:

(1) the qualifications of the community person whom the district or charter school
proposes to employ employs;

(2) the unique and compelling reasons for the need for a variance from the teacher
licensure requirements;

(3) the district's efforts to obtain licensed teachers, who are acceptable to the school
board, for the particular course or subject area or the charter school's efforts to obtain
licensed teachers for the particular course or subject area;

(4) the amount of teaching time for which the community expert would be is hired;

(5) the extent to which the district or charter school is utilizing uses other
nonlicensed community experts under this section;

(6) the nature of the community expert's proposed teaching responsibility; and

(7) the proposed level of compensation to be paid to the community expert.

Subd. 3.

Approval of plan Comment on variance.

The Board of Teaching shall
approve or disapprove an application
may comment on a district or charter school report
under subdivision 2
within 60 days of receiving it from a school and the district or charter
school must post the comment on its official Web site.

Subd. 4.

Background check.

A school district or charter school shall provide
confirm to the Board of Teaching with confirmation that criminal background checks have
been
were completed for all nonlicensed community experts employed by the district or
charter school and approved by the Board of Teaching under this section.

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to all nonlicensed community experts hired or sponsored after that date.

Sec. 22.

Minnesota Statutes 2014, section 122A.30, is amended to read:


122A.30 EXEMPTION FOR TECHNICAL COLLEGE EDUCATION
INSTRUCTORS.

Notwithstanding section 122A.15, subdivision 1, and upon approval of the local
employer school board,
a person who teaches in a part-time vocational or career and
technical education program not more than 61 hours per fiscal year is exempt from a
license requirement.

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to all technical education instructors hired after that date.

Sec. 23.

Minnesota Statutes 2014, section 122A.40, subdivision 5, is amended to read:


Subd. 5.

Probationary period.

(a) The first three consecutive years of a teacher's
first teaching experience in Minnesota in a single district is deemed to be a probationary
period of employment, and, the probationary period in each district in which the teacher is
thereafter employed shall be one year. The school board must adopt a plan for written
evaluation of teachers during the probationary period that is consistent with subdivision
8. Evaluation must occur at least three times periodically throughout each school year
for a teacher performing services during that school year; the first evaluation must occur
within the first 90 days of teaching service. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities and days on which a
teacher is absent from school must not be included in determining the number of school
days on which a teacher performs services. Except as otherwise provided in paragraph
(b), during the probationary period any annual contract with any teacher may or may not
be renewed (1) as the school board shall see fit, or (2) consistent with the negotiated
unrequested leave of absence plan in effect under subdivision 10
. However, the board
must give any such teacher whose contract it declines to renew for the following school
year written notice to that effect before July 1. If the teacher requests reasons for any
nonrenewal of a teaching contract, the board must give the teacher its reason in writing,
including a statement that appropriate supervision was furnished describing the nature and
the extent of such supervision furnished the teacher during the employment by the board,
within ten days after receiving such request. The school board may, after a hearing held
upon due notice, discharge a teacher during the probationary period for cause, effective
immediately, under section 122A.44.

(b) A board must discharge a probationary teacher, effective immediately, upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction for child abuse or sexual abuse.

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States
Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
for purposes of paragraph (a).

(d) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(e) A probationary teacher must complete at least 120 days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is
absent from school do not count as days of teaching service under this paragraph.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 24.

Minnesota Statutes 2014, section 122A.40, subdivision 8, is amended to read:


Subd. 8.

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

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

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

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

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

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

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

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

(6) may include job-embedded learning opportunities such as professional learning
communities;

(7) may include mentoring and induction programs;

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

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

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

(11) must require qualified and trained evaluators such as school administrators to
perform summative evaluations and ensure school districts and charter schools provide for
effective evaluator training specific to teacher development and evaluation;

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

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

Data on individual teachers generated under this subdivision are personnel data
under section 13.43. The observation and interview notes of peer coaches may only be
disclosed to other school officials with the consent of the teacher being coached.

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

(d) Consistent with the measures of teacher effectiveness under this subdivision:

(1) for students in kindergarten through grade 4, a school administrator must not
place a student in consecutive school years in the classroom of a teacher with the lowest
evaluation rating in the previous school year unless no other teacher at the school teaches
that grade; and

(2) for students in grades 5 through 12, a school administrator must not place
students in consecutive school years in the classroom of a teacher with the lowest
evaluation rating in the previous school year unless no other teacher at the school teaches
that subject area and grade.

EFFECTIVE DATE.

This section is effective for the 2017-2018 school year and
later, except paragraph (b), clause (7), is effective for the 2015-2016 school year and later.

Sec. 25.

Minnesota Statutes 2014, section 122A.40, subdivision 10, is amended to read:


Subd. 10.

Negotiated unrequested leave of absence.

(a) The school board
and the exclusive bargaining representative of the teachers may must negotiate a plan,
consistent with subdivision 8,
providing for unrequested leave of absence without pay or
fringe benefits for as many teachers as may be necessary because of discontinuance of
position, lack of pupils, financial limitations, or merger of classes caused by consolidation
of districts. Failing to successfully negotiate such a plan, the provisions of subdivision
11 shall apply.
The negotiated plan must not include provisions which would result in
the exercise of seniority by a teacher holding only a provisional license, other than a
vocational education license, contrary to the provisions of subdivision 11, paragraph (c)
if required for the position, or the reinstatement of a teacher holding only a provisional
license, other than a vocational education license, contrary to the provisions of subdivision
11, paragraph (e)
required for the position. The provisions of section 179A.16 do not
apply for the purposes of this subdivision.

(b) Beginning in the 2017-2018 school year and later, and notwithstanding any law
to the contrary, a school board must place teachers on unrequested leave of absence based
on their subject matter licensure fields, most recent evaluation outcomes and effectiveness
category or rating under subdivision 8, and other, locally determined criteria such as
teacher seniority, and may include both probationary teachers and continuing contract
teachers within an effectiveness category or rating. For purposes of placing a teacher on
unrequested leave of absence or recalling a teacher from unrequested leave of absence, a
school board is not required to reassign a teacher with more seniority to accommodate the
seniority claims of a teacher who is similarly licensed and effective but with less seniority.
Nothing in this paragraph permits a school board to use a teacher's remuneration as a basis
for making unrequested leave of absence decisions. Any executed employment contract
between the school board and the exclusive representative of the teachers must contain the
negotiated unrequested leave of absence plan. The school board must publish in a readily
accessible format the unrequested leave of absence plan it negotiates under this paragraph.

(c) A teacher who receives notice of being placed on unrequested leave of absence
under paragraph (b) may submit to the board, within 14 days of receiving the notice, a
written request for a hearing before a neutral hearing officer to establish whether the
district met the following teacher evaluation requirements under subdivision 8: if the
teacher is a probationary teacher, all evaluations required under subdivision 5 were
provided; a three-year professional review cycle was established for the teacher; any
summative evaluation of the teacher was performed by a qualified and trained evaluator;
a peer review evaluation occurred in any year when the teacher was not evaluated by a
qualified and trained evaluator; and if the teacher did not meet professional teaching
standards, a teacher improvement process with goals and timelines was established. The
school board and the exclusive representative of the teachers must agree on a panel of
people and a process to select the person to hear the matter. The hearing officer must issue
a decision within 14 days of the request for the hearing. Nothing in this subdivision
prevents a school board and the exclusive representative of the teachers from negotiating a
different process for determining whether the teacher evaluation requirements listed in
this subdivision were met.

(d) Evaluation outcomes and effectiveness categories under paragraph (b) must not
be used to place a teacher on unrequested leave of absence if the principal evaluating the
teacher is on an improvement plan under section 123B.147, subdivision 3, paragraph
(b), clause (8).

(e) For purposes of this subdivision, a provisional license is a license to teach issued
by the Board of Teaching under a waiver or variance.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to negotiated plans for unrequested leave of absence agreed to on or after that date.

Sec. 26.

Minnesota Statutes 2014, section 122A.40, subdivision 11, is amended to read:


Subd. 11.

Unrequested leave of absence.

(a) The board may place on unrequested
leave of absence, without pay or fringe benefits, as many teachers as may be necessary
because of discontinuance of position, lack of pupils, financial limitations, or merger of
classes caused by consolidation or reorganization of districts under chapter 123A. The
unrequested leave is effective at the close of the school year.

(b) In placing teachers on unrequested leave in the 2014-2015 through 2016-2017
school years only
, the board is governed by the following provisions: in this subdivision.

(a) (c) The board may place probationary teachers on unrequested leave first in the
inverse order of their employment. A teacher who has acquired continuing contract rights
must not be placed on unrequested leave of absence while probationary teachers are retained
in positions for which the teacher who has acquired continuing contract rights is licensed; .

(b) (d) Teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed in the inverse order
in which they were employed by the school district. In the case of equal seniority, the
order in which teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed is negotiable; .

(c) (e) Notwithstanding the provisions of paragraph (b) (d), a teacher is not entitled
to exercise any seniority when that exercise results in that teacher being retained by the
district in a field for which the teacher holds only a provisional license, as defined by the
board of teaching, unless that exercise of seniority results in the placement on unrequested
leave of absence of another teacher who also holds a provisional license in the same field.
The provisions of this paragraph do not apply to vocational education licenses; required
for the available positions.

(d) (f) Notwithstanding paragraphs (a), (b), and (c), (d), and (e), if the placing of a
probationary teacher on unrequested leave before a teacher who has acquired continuing
rights, the placing of a teacher who has acquired continuing contract rights on unrequested
leave before another teacher who has acquired continuing contract rights but who has
greater seniority, or the restriction imposed by the provisions of paragraph (c) (e) would
place the district in violation of its affirmative action program, the district may retain the
probationary teacher, the teacher with less seniority, or the provisionally licensed teacher; .

(e) (g) For purposes of placing a teacher on unrequested leave of absence or
recalling a teacher from unrequested leave of absence, nothing in this subdivision requires
a school board to reassign a teacher to accommodate the seniority claims of a teacher who
is similarly licensed and effective but with less seniority.

(h) Teachers placed on unrequested leave of absence must be reinstated to the
positions from which they have been given leaves of absence or, if not available, to
other available positions in the school district in fields in which they are licensed.
Reinstatement must be in the inverse order of placement on leave of absence. A teacher
must not be reinstated to a position in a field in which the teacher holds only a provisional
license, other than a vocational education license, while another teacher who holds a
nonprovisional license in the same field remains on unrequested leave. The order of
reinstatement of teachers who have equal seniority and who are placed on unrequested
leave in the same school year is negotiable; .

(f) (i) Appointment of a new teacher must not be made while there is available, on
unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
teacher fails to advise the school board within 30 days of the date of notification that a
position is available to that teacher who may return to employment and assume the duties
of the position to which appointed on a future date determined by the board; .

(g) (j) A teacher placed on unrequested leave of absence may engage in teaching
or any other occupation during the period of this leave; .

(h) (k) The unrequested leave of absence must not impair the continuing contract
rights of a teacher or result in a loss of credit for previous years of service; .

(i) (l) Consistent with subdivision 10, the unrequested leave of absence of a teacher
who is categorized as effective or better under subdivision 8, who is placed on unrequested
leave of absence, and who is not reinstated shall continue for a period of five years,
after which the right to reinstatement shall terminate terminates. The teacher's right to
reinstatement shall also terminate terminates if the teacher fails to file with the board by
April 1 of any each year a written statement requesting reinstatement; .

(m) Consistent with subdivision 10, the unrequested leave of absence of a teacher
who is categorized as ineffective or less under subdivision 8, who is placed on unrequested
leave of absence, and who is not reinstated continues for the following school year
only, after which the teacher's right to reinstatement terminates. The teacher's right to
reinstatement also terminates if the teacher fails to file with the board by April 1 in that
following school year a written statement requesting reinstatement.

(j) (n) The same provisions applicable to terminations of probationary or continuing
contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of absence; .

(k) (o) Nothing in this subdivision shall be construed to impair the rights of teachers
placed on unrequested leave of absence to receive unemployment benefits if otherwise
eligible.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 27.

Minnesota Statutes 2014, section 122A.40, subdivision 13, is amended to read:


Subd. 13.

Immediate discharge.

(a) Except as otherwise provided in paragraph
(b), a board may discharge a continuing-contract teacher, effective immediately, upon any
of the following grounds:

(1) immoral conduct, insubordination, or conviction of a felony;

(2) conduct unbecoming a teacher which requires the immediate removal of the
teacher from classroom or other duties;

(3) failure without justifiable cause to teach without first securing the written release
of the school board;

(4) gross inefficiency which the teacher has failed to correct after reasonable written
notice;

(5) willful neglect of duty; or

(6) continuing physical or mental disability subsequent to a 12 months leave of
absence and inability to qualify for reinstatement in accordance with subdivision 12.

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.

Prior to discharging a teacher under this paragraph, the board must notify the teacher
in writing and state its ground for the proposed discharge in reasonable detail. Within
ten days after receipt of this notification the teacher may make a written request for a
hearing before the board and it shall be granted before final action is taken. The board
may suspend a teacher with pay pending the conclusion of the hearing and determination
of the issues raised in the hearing after charges have been filed which constitute ground for
discharge. If a teacher has been charged with a felony and the underlying conduct that
is the subject of the felony charge is a ground for a proposed immediate discharge, the
suspension pending the conclusion of the hearing and determination of the issues may be
without pay. If a hearing under this paragraph is held, the board must reimburse the teacher
for any salary or compensation withheld if the final decision of the board or the arbitrator
does not result in a penalty to or suspension, termination, or discharge of the teacher.

(b) A board must discharge a continuing-contract teacher, effective immediately,
upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
teacher's license has been revoked due to a conviction for child abuse or , as defined in
section 609.185; sex trafficking in the first degree under section 609.322, subdivision 1;
sex trafficking in the second degree under section 609.322, subdivision 1a; engaging
in hiring or agreeing to hire a minor to engage in prostitution under section 609.324,
subdivision 1;
sexual abuse under section 609.342, 609.343, 609.344, 609.345, 609.3451,
subdivision 3
, or 617.23, subdivision 3; solicitation of children to engage in sexual
conduct or communication of sexually explicit materials to children under section
609.352; interference with privacy under section 609.746 or stalking under section
609.749 and the victim was a minor; using minors in a sexual performance under section
617.246; possessing pornographic works involving a minor under section 617.247; or
any other offense not listed in this paragraph that requires the person to register as a
predatory offender under section 243.166, or a crime under a similar law of another state
or the United States
.

(c) When a teacher is discharged under paragraph (b) or when the commissioner
makes a final determination of child maltreatment involving a teacher under section
626.556, subdivision 11, the school principal or other person having administrative
control of the school must include in the teacher's employment record the information
contained in the record of the disciplinary action or the final maltreatment determination,
consistent with the definition of public data under section 13.41, subdivision 5, and must
provide the Board of Teaching and the licensing division at the department with the
necessary and relevant information to enable the Board of Teaching and the department's
licensing division to fulfill their statutory and administrative duties related to issuing,
renewing, suspending, or revoking a teacher's license. Information received by the Board
of Teaching or the licensing division at the department under this paragraph is governed
by section 13.41 or other applicable law governing data of the receiving entity. In addition
to the background check required under section 123B.03, a school board or other school
hiring authority must contact the Board of Teaching and the department to determine
whether the teacher's license has been suspended or revoked, consistent with the discharge
and final maltreatment determinations identified in this paragraph. Unless restricted by
federal or state data practices law or by the terms of a collective bargaining agreement,
the responsible authority for a school district must disseminate to another school district
private personnel data on a current or former teacher employee or contractor of the district,
including the results of background investigations, if the requesting school district seeks
the information because the subject of the data has applied for employment with the
requesting school district.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 28.

Minnesota Statutes 2014, section 122A.41, subdivision 2, is amended to read:


Subd. 2.

Probationary period; discharge or demotion.

(a) All teachers in
the public schools in cities of the first class during the first three years of consecutive
employment shall be deemed to be in a probationary period of employment during which
period any annual contract with any teacher may, or may not, be renewed (1) as the school
board, after consulting with the peer review committee charged with evaluating the
probationary teachers under subdivision 3, shall see fit, or (2) consistent with the negotiated
plan for discontinuing or terminating teachers in effect under subdivision 14
. The school
site management team or the school board if there is no school site management team, shall
adopt a plan for a written evaluation of teachers during the probationary period according
to subdivisions 3 and 5. Evaluation by the peer review committee charged with evaluating
probationary teachers under subdivision 3 shall occur at least three times periodically
throughout each school year for a teacher performing services during that school year; the
first evaluation must occur within the first 90 days of teaching service. Days devoted to
parent-teacher conferences, teachers' workshops, and other staff development opportunities
and days on which a teacher is absent from school shall not be included in determining the
number of school days on which a teacher performs services. The school board may, during
such probationary period, discharge or demote a teacher for any of the causes as specified
in this code. A written statement of the cause of such discharge or demotion shall be given
to the teacher by the school board at least 30 days before such removal or demotion shall
become effective, and the teacher so notified shall have no right of appeal therefrom.

(b) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States
Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
for purposes of paragraph (a).

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(d) A probationary teacher must complete at least 120 days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is
absent from school do not count as days of teaching service under this paragraph.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 29.

Minnesota Statutes 2014, section 122A.41, subdivision 5, is amended to read:


Subd. 5.

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

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

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

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

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

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

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

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

(6) may include job-embedded learning opportunities such as professional learning
communities;

(7) may include mentoring and induction programs;

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

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

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

(11) must require qualified and trained evaluators such as school administrators to
perform summative evaluations and ensure school districts and charter schools provide for
effective evaluator training specific to teacher development and evaluation;

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

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

Data on individual teachers generated under this subdivision are personnel data
under section 13.43. The observation and interview notes of peer coaches may only be
disclosed to other school officials with the consent of the teacher being coached.

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

(d) Consistent with the measures of teacher effectiveness under this subdivision:

(1) for students in kindergarten through grade 4, a school administrator must not
place a student in consecutive school years in the classroom of a teacher with the lowest
evaluation rating in the previous school year unless no other teacher at the school teaches
that grade; and

(2) for students in grades 5 through 12, a school administrator must not place
students in consecutive school years in the classroom of a teacher with the lowest
evaluation rating in the previous school year unless no other teacher at the school teaches
that subject area and grade.

EFFECTIVE DATE.

This section is effective for the 2017-2018 school year and
later, except paragraph (b), clause (7), is effective for the 2015-2016 school year and later.

Sec. 30.

Minnesota Statutes 2014, section 122A.41, subdivision 6, is amended to read:


Subd. 6.

Grounds for discharge or demotion.

(a) Except as otherwise provided
in paragraph (b), causes for the discharge or demotion of a teacher either during or after
the probationary period must be:

(1) immoral character, conduct unbecoming a teacher, or insubordination;

(2) failure without justifiable cause to teach without first securing the written release
of the school board having the care, management, or control of the school in which the
teacher is employed;

(3) inefficiency in teaching or in the management of a school, consistent with
subdivision 5, paragraph (b);

(4) affliction with a communicable disease must be considered as cause for removal
or suspension while the teacher is suffering from such disability; or

(5) discontinuance of position or lack of pupils.

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.

(b) A probationary or continuing-contract teacher must be discharged immediately
upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
teacher's license has been revoked due to a conviction for child abuse or , as defined in
section 609.185; sex trafficking in the first degree under section 609.322, subdivision 1;
sex trafficking in the second degree under section 609.322, subdivision 1a; engaging
in hiring or agreeing to hire a minor to engage in prostitution under section 609.324,
subdivision 1;
sexual abuse under section 609.342, 609.343, 609.344, 609.345, 609.3451,
subdivision 3
, or 617.23, subdivision 3; solicitation of children to engage in sexual
conduct or communication of sexually explicit materials to children under section
609.352; interference with privacy under section 609.746 or stalking under section
609.749 and the victim was a minor; using minors in a sexual performance under section
617.246; possessing pornographic works involving a minor under section 617.247; or
any other offense not listed in this paragraph that requires the person to register as a
predatory offender under section 243.166, or a crime under a similar law of another state
or the United States
.

(c) When a teacher is discharged under paragraph (b) or when the commissioner
makes a final determination of child maltreatment involving a teacher under section
626.556, subdivision 11, the school principal or other person having administrative
control of the school must include in the teacher's employment record the information
contained in the record of the disciplinary action or the final maltreatment determination,
consistent with the definition of public data under section 13.41, subdivision 5, and must
provide the Board of Teaching and the licensing division at the department with the
necessary and relevant information to enable the Board of Teaching and the department's
licensing division to fulfill their statutory and administrative duties related to issuing,
renewing, suspending, or revoking a teacher's license. Information received by the Board
of Teaching or the licensing division at the department under this paragraph is governed
by section 13.41 or other applicable law governing data of the receiving entity. In addition
to the background check required under section 123B.03, a school board or other school
hiring authority must contact the Board of Teaching and the department to determine
whether the teacher's license has been suspended or revoked, consistent with the discharge
and final maltreatment determinations identified in this paragraph. Unless restricted by
federal or state data practices law or by the terms of a collective bargaining agreement,
the responsible authority for a school district must disseminate to another school district
private personnel data on a current or former teacher employee or contractor of the district,
including the results of background investigations, if the requesting school district seeks
the information because the subject of the data has applied for employment with the
requesting school district.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 31.

Minnesota Statutes 2014, section 122A.41, subdivision 14, is amended to read:


Subd. 14.

Services terminated by discontinuance or lack of pupils; preference
given.

(a) A teacher whose services are terminated on account of discontinuance of
position or lack of pupils must receive first consideration for other positions in the district
for which that teacher is qualified.
In the event it becomes necessary to discontinue one
or more positions in the 2014-2015 through the 2016-2017 school years, in making such
discontinuance, teachers must receive first consideration for other positions in the district
for which that teacher is qualified and must
be discontinued in any department in the
inverse order in which they were employed, unless .

(b) Beginning in the 2017-2018 school year and later, a board and the exclusive
representative of teachers in the district must negotiate a plan providing otherwise. ,
consistent with subdivision 5, for discontinuing and terminating teachers under this
subdivision based on their subject matter licensure fields, most recent evaluation outcomes
and effectiveness category or rating under subdivision 5, and other, locally determined
criteria such as teacher seniority, and may include both probationary teachers and
continuing contract teachers within an effectiveness category or rating. For purposes
of discharging, demoting, or recalling a teacher whose services are discontinued or
terminated under this subdivision, a school board is not required to reassign a teacher with
more seniority to accommodate the seniority claims of a teacher who is similarly licensed
and effective but with less seniority. Nothing in this paragraph permits a school board to
use a teacher's remuneration as a basis for discontinuing or terminating a teacher. Any
executed employment contract between the school board and the exclusive representative
of the teachers must contain the negotiated plan for discontinuing or terminating teachers.
The school board must publish in a readily accessible format any plan it negotiates for
discontinuing or terminating teachers under this paragraph.

(c) A teacher who receives notice of discontinuance or termination under paragraph
(b) may submit to the board, within 14 days of receiving the notice, a written request
for a hearing before a neutral hearing officer to establish whether the district met the
following teacher evaluation requirements under subdivision 5: if the teacher is a
probationary teacher, all evaluations required under subdivision 2 were provided; a
three-year professional review cycle was established for the teacher; any summative
evaluation of the teacher was performed by a qualified and trained evaluator; a peer review
evaluation occurred in any year when the teacher was not evaluated by a qualified and
trained evaluator; and if the teacher did not meet professional teaching standards, a teacher
improvement process with goals and timelines was established. The school board and the
exclusive representative of the teachers must agree on a panel of people and a process to
select the person to hear the matter. The hearing officer must issue a decision within 14 days
of the request for the hearing. Nothing in this subdivision prevents a school board and the
exclusive representative of the teachers from negotiating a different process for determining
whether the teacher evaluation requirements listed in this subdivision were met.

(b) (d) Notwithstanding the provisions of clause paragraph (a), for the 2014-2015
through 2016-2017 school years,
a teacher is not entitled to exercise any seniority when
that exercise results in that teacher being retained by the district in a field for which the
teacher holds only a provisional license, as defined by the Board of Teaching, unless that
exercise of seniority results in the termination of terminating the services, on account
of discontinuance of position or lack of pupils, of another teacher who also holds a
provisional license in the same field. The provisions of this clause paragraph do not apply
to vocational education licenses.

(c) (e) Notwithstanding the provisions of clause paragraph (a), for the 2014-2015
through 2016-2017 school years,
a teacher must not be reinstated to a position in a field
in which the teacher holds only a provisional license, other than a vocational education
license, while another teacher who holds a nonprovisional license in the same field is
available for reinstatement.

(f) Evaluation outcomes and effectiveness categories under paragraph (b) must not
be used to place a teacher on unrequested leave of absence if the principal evaluating the
teacher is on an improvement plan under section 123B.147, subdivision 3, paragraph
(b), clause (8).

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to negotiated plans for discontinuing or terminating teachers agreed to on or
after that date.

Sec. 32.

Minnesota Statutes 2014, section 122A.414, subdivision 2, is amended to read:


Subd. 2.

Alternative teacher professional pay system.

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

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

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

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

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

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

(ii) measures of student growth and literacy that may include value-added models
or student learning goals, consistent with section 122A.40, subdivision 8, clause (9), or
122A.41, subdivision 5, clause (9), and other measures that include the academic literacy,
oral academic language, and achievement of English learners under section 122A.40,
subdivision 8, clause (10), or 122A.41, subdivision 5, clause (10); and

(iii) an objective evaluation program under section 122A.40, subdivision 8,
paragraph (b), clause (2), or 122A.41, subdivision 5, paragraph (b), clause (2);

(4) provide for participation in job-embedded learning opportunities such as
professional learning communities to improve instructional skills and learning that are
aligned with student needs under section 122A.413, consistent with the staff development
plan under section 122A.60 and led during the school day by trained teacher leaders
such as master or mentor teachers;

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

(6) encourage collaboration rather than competition among teachers.

(c) The alternative teacher professional pay system may:

(1) include a hiring bonus or other added compensation for teachers who are
identified as effective or highly effective under the local teacher professional review
cycle and work in a hard-to-fill position or in a hard-to-staff school such as a school with
a majority of students whose families meet federal poverty guidelines, a geographically
isolated school, or a school identified by the state as eligible for targeted programs or
services for its students;

(2) include incentives for teachers to obtain a master's degree or other advanced
certification in their content field of licensure, pursue the training or education necessary
to obtain an additional licensure in shortage areas identified by the district or charter
school, or help fund a "grow your own" new teacher initiative; and

(3) be structured around teacher-powered site-governed schools allowed under
section 123B.045.

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to agreements approved or renegotiated after that date.

Sec. 33.

Minnesota Statutes 2014, section 122A.60, is amended to read:


122A.60 STAFF DEVELOPMENT PROGRAM.

Subdivision 1.

Staff development committee.

(a) A school board must use the
revenue authorized in section 122A.61 for in-service education for programs under section
120B.22, subdivision 2, or for staff development
:

(1) teacher development and evaluation plans under this section 122A.40,
subdivision 8, or 122A.41, subdivision 5;

(2) principal development and evaluation under section 123B.147, subdivision 3;

(3) in-service education programs under section 120B.22, subdivision 2; and

(4) other staff development needs.

(b) 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
must:

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

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

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

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

(5) align with state and local academic standards;

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

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

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

(9) provide opportunities for staff to learn about current workforce trends, the
connections between workforce trends and postsecondary education, and training options,
including career and technical education options.

Staff development activities may include curriculum development and curriculum training
programs, and activities that provide teachers and other members of site-based teams
training to enhance team performance. The school district also may implement other
staff development activities required by law and activities associated with professional
teacher compensation models.

(b) Release time provided for teachers to supervise students on field trips and school
activities, or independent tasks not associated with enhancing the teacher's knowledge
and instructional skills, such as preparing report cards, calculating grades, or organizing
classroom materials, may not be counted as staff development time that is financed with
staff development reserved revenue under section 122A.61.

Subd. 2.

Contents of plan.

The plan must include the staff development outcomes
under section 122A.40, subdivision 8, or 122A.41, subdivision 5, and section 123B.147,
subdivision 3, the means to achieve the outcomes, and procedures for evaluating progress
at each school site toward meeting education and staff development outcomes, consistent
with relicensure requirements under section 122A.18, subdivision 4. The plan also must:

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

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

(3) maintain a strong subject matter focus premised on students' learning goals,
consistent with section 120B.125;

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

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

Subd. 3.

Staff development outcomes.

The advisory staff development committee
must adopt a staff development plan, consistent with section 122A.40, subdivision 8, or
122A.41, subdivision 5, for developing and evaluating teachers and
for improving student
achievement outcomes and with section 123B.147, subdivision 3, for strengthening
principals' capacity in areas of instruction, supervision, evaluation, and teacher
development
. 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 achieving the following goals:

(1) improve student achievement of state and local education standards in all areas of
the curriculum, including areas of regular academic and applied and experiential learning,
by using research-based best practices methods;

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

(3) provide an inclusive curriculum for a racially, ethnically, linguistically, and
culturally diverse student population that is consistent with the state education diversity
rule and the district's education diversity plan;

(4) improve staff collaboration and develop mentoring and peer coaching programs
for teachers new to the school or district;

(5) effectively teach and model violence prevention policy and curriculum that
address early intervention alternatives, issues of harassment, and teach nonviolent
alternatives for conflict resolution;

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

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

Subd. 4.

Staff development report.

(a) By October 15 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.

EFFECTIVE DATE.

This section is effective for the 2016-2017 school year and
later.

Sec. 34.

Minnesota Statutes 2014, 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:

(1) teacher development and evaluation under sections 122A.40, subdivision 8, or
122A.41, subdivision 5;

(2) principal development and evaluation under section 123B.147, subdivision 3;

(3) professional development under section 122A.60; and

(4) in-service education for programs under section 120B.22, subdivision 2 , .

To the extent extra funds remain, staff development revenue may be used for
staff development plans, including plans for challenging instructional activities and
experiences under section 122A.60, and for curriculum development and programs,
other in-service education, teachers' mentoring under section 122A.70 and evaluation,
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.

EFFECTIVE DATE.

This section is effective for the 2016-2017 school year and
later.

Sec. 35.

Minnesota Statutes 2014, section 122A.69, is amended to read:


122A.69 PRACTICE OR STUDENT TEACHERS.

The Board of Teaching may, by agreements with teacher preparing preparation
institutions, arrange for classroom experience in the district for practice or student
teachers who have completed not less than at least two years of an approved teacher
education preparation program. Such practice and student teachers must be provided with
appropriate supervision
appropriately supervised by a fully qualified teacher under rules
promulgated adopted by the board. A practice or student teacher must be placed with a
cooperating licensed teacher who has at least three years of teaching experience and is
not in the improvement process under section 122A.40, subdivision 8, paragraph (b),
clause (12), or 122A.41, subdivision 5, paragraph (b), clause (12).
Practice and student
teachers are deemed employees of the school district in which they are rendering services
for purposes of workers' compensation; liability insurance, if provided for other district
employees in accordance with under section 123B.23; and legal counsel in accordance
with the provisions of
under section 123B.25.

EFFECTIVE DATE.

This section is effective for the 2015-2016 school year and
later.

Sec. 36.

Minnesota Statutes 2014, section 122A.70, subdivision 1, is amended to read:


Subdivision 1.

Teacher mentoring programs.

(a) School districts are encouraged
to
may develop teacher mentoring and implement programs for mentoring teachers new
to the profession or district, including and may, at a minimum, include in the mentoring
program
teaching residents, teachers of color, teachers with special needs, or and
experienced teachers under section 122A.40, subdivision 8, paragraph (b), clause (12), or
122A.41, subdivision 5, paragraph (b), clause (12),
in need of peer coaching.

(b) Teacher mentoring programs must support districts' teacher evaluation and
peer review processes under section 122A.40, subdivision 8, or 122A.41, subdivision
5. A district may use staff development revenue under sections 122A.60 and 122A.61
or another funding source, including achievement gap elimination revenue, alternative
teacher pay, or compensatory revenue, to pay a stipend to a mentor who may be a district
employee or a third-party contractor.

Sec. 37.

Minnesota Statutes 2014, section 123A.75, subdivision 1, is amended to read:


Subdivision 1.

Teacher assignment.

(a) As of the effective date of a consolidation
in which a district is divided or the dissolution of a district and its attachment to two or
more existing districts, each teacher employed by an affected district shall be assigned to
the newly created or enlarged district on the basis of a ratio of the pupils assigned to each
district according to the new district boundaries. The district receiving the greatest number
of pupils must be assigned the most effective teacher under section 122A.40, subdivision 8,
with the greatest seniority, and the remaining teachers must be alternately assigned to each
district from most to least effective and with most to least seniority within each category or
rating of effectiveness
until the district receiving the fewest pupils has received its ratio of
teachers who will not be retiring before the effective date of the consolidation or dissolution.

(b) Notwithstanding paragraph (a), the board and the exclusive representative of
teachers in each district involved in the consolidation or dissolution and attachment may
negotiate a plan for assigning teachers to each newly created or enlarged district.

(c) Notwithstanding any other law to the contrary, the provisions of this section apply
only to the extent they are consistent with section 122A.40, subdivisions 8, 10, and 11.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 38.

Minnesota Statutes 2014, section 123B.045, is amended to read:


123B.045 DISTRICT-CREATED SITE-GOVERNED, TEACHER-POWERED
SCHOOLS.

Subdivision 1.

Authority.

(a) A school board may approve site-governed,
teacher-powered
schools under this section by requesting site-governing, teacher-powered
school proposals. The request for proposals must include what types of schools or
education innovations the board intends to create. A current site may submit a proposal to
create a different model for the site if 60 percent or more of the teachers at the site support
the proposal. A group of licensed district professionals from one or multiple district
sites may submit a proposal. The group submitting the proposal must include parents or
other community members in the development of the proposal. A proposal may request
approval for a model of a school not included in the request for proposal of the board.

(b) The school board and the applicable bargaining unit representing district
employees must enter into memoranda of understanding specifying how applicable
sections of current contracts will enable the provisions of subdivision 2, paragraph (a),
clauses (7) and (8), to be implemented.

(c) Within 60 days of receipt of the application, the school board shall determine
whether to approve, deny, or return the application to the applicants for further information
or development.

(d) Upon approval of the proposal, an agreement between the district and the site
council shall be developed identifying the powers and duties delegated to the site and
outlining the details of the proposal including the provisions of subdivisions 2, 3, and
5. Any powers or duties not specifically delegated to the school site in the agreement
remains with the school board.

Subd. 2.

Roles and responsibilities of site-governed, teacher-powered schools.

(a) Site-governed, teacher-powered schools approved by the school board have the
following autonomy and responsibilities at the discretion of the site:

(1) to create the site-governing, teacher-powered council of the school. The council
shall include teachers, administrators, parents, students if appropriate, community
members, and other representatives of the community as determined by the site-governing,
teacher-powered
council. Teachers may comprise a majority of the site-governing,
teacher-powered
council at the option of a majority of the teachers at the site. The number
of members on the site-governing, teacher-powered council and the composition shall be
included in the proposal approved by the school board;

(2) to determine the leadership model for the site including: selecting a principal,
operating as a teacher professional practices model with school leadership functions
performed by one or more teachers or administrators at the school or other model
determined by the site;

(3) to determine the budget for the site and the allocation and expenditure of the
revenue based on provisions of subdivision 3;

(4) to determine the learning model and organization of the school consistent with
the application approved by the school board;

(5) to select and develop its curriculum and determine formative and summative
assessment practices;

(6) to set policies for the site including student promotion, attendance, discipline,
graduation requirements which may exceed the school board standards, and other such
rules as approved by the school board consistent with the mission, goals, and learning
program of the school site;

(7) to determine the length of the school day and year and employee work rules
covered by the terms and conditions of the employment contract;

(8) to select teachers and other staff consistent with current law and collective
bargaining agreements and memoranda of understanding provided for in subdivision 1,
paragraph (b). At least 70 percent of the teachers must be selected by the site prior to final
approval of the agreement. Prior to requesting the district to employ staff not currently
employed by the district, the site must first select current district staff including those on
requested and unrequested leave as provided for in sections 122A.40 and 122A.41. The
school board shall be the legal employer of all staff at the site and all teachers and other
staff members of the applicable bargaining units. Teachers and other employees may be
required to sign an individual work agreement with the site-governing, teacher-powered
council committing themselves to the mission and learning program of the school and the
requirements of the site-governing, teacher-powered council; and

(9) to fulfill other provisions as agreed to by the district and site-governing,
teacher-powered
council.

(b) If a self-governed, teacher-powered school created under this section is
supervised by a principal, that principal must be licensed, consistent with section
123B.147, subdivision 2.

Subd. 3.

Revenue to self-governed school.

(a) The revenue that shall be allocated
by the site includes the general education revenue generated by the students at the site from
state, local, and private sources, referendum revenue, federal revenue from the Elementary
and Secondary Education Act, Individuals with Disabilities Education Act, Carl Perkins
Act, and other federal programs as agreed to by the school board and site council.

(b) The district may retain an administrative fee for managing the federal
programs, private revenues, and general administrative functions including school board,
superintendent, district legal counsel, finance, accountability and self-governed school
contract oversight, facilities maintenance, districtwide special education programs, and
other such services as agreed to by the site and school board. The administrative fee
shall be included in the agreement.

(c) As part of the agreement, the district may provide specific services for the site
and may specify the amount to be paid for each service and retain the revenues for that
amount. The formula or procedures for determining the amount of revenue to be allocated
to the site each year shall be consistent with this subdivision and incorporated in the site
budget annually following a timeline and process that is included in the agreement with
the school board. The site is responsible for allocating revenue for all staff at the site and
for the other provisions of the agreement with the district board.

(d) All unspent revenue shall be carried over to following years for the sole use
of the site.

Subd. 4.

Exemption from statutes and rules.

Except as outlined in this section,
site-governed, teacher-powered schools established under this section are exempt from
and subject to the same laws and rules as are chartered schools under section 124D.10,
except that the schools shall be subject to chapters 13, 13D, and 179A, and sections
122A.40, 122A.41, 122A.50, and 122A.51.

Subd. 5.

Performance standards.

(a) The school board and the site council shall
include in the agreement performance standards and expectations that shall include at
least the following:

(1) student achievement targets on multiple indicators including either a growth
model or value-added growth model;

(2) the criteria and process to be followed if it is determined that the site failed
to comply with district oversight and accountability requirements as outlined in the
agreement; and

(3) other performance provisions as agreed to.

(b) All agreements shall be filed with the commissioner. The initial agreement shall
be for up to three years, shall be reviewed annually, and may be renewed by the district
board for additional terms of up to five years based on the performance of the school.

Subd. 6.

Board termination of self-governed, teacher-powered school authority.

(a) The district board may terminate the agreement for one or more of the following reasons:

(1) failure of the site to meet the provisions specified in the agreement in subdivision
5;

(2) violations of law; or

(3) other good cause shown.

(b) Site-governed, teacher-powered schools that are terminated or not renewed for
reasons other than cause may request to convert to charter school status as provided for in
section 124D.10 and, if chartered by the board, shall become the owner of all materials,
supplies, and equipment purchased during the period the school was a site-governed,
teacher-powered
school.

Sec. 39.

Minnesota Statutes 2014, section 124D.09, subdivision 5, is amended to read:


Subd. 5.

Authorization; notification.

Notwithstanding any other law to the
contrary, an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled
tribal contract or grant school eligible for aid under section 124D.83, except a foreign
exchange pupil enrolled in a district under a cultural exchange program, may apply to an
eligible institution, as defined in subdivision 3, to enroll in nonsectarian courses offered by
that postsecondary institution. Notwithstanding any other law to the contrary, a 9th or 10th
grade pupil enrolled in a district or an American Indian-controlled tribal contract or grant
school eligible for aid under section 124D.83, except a foreign exchange pupil enrolled in
a district under a cultural exchange program, may apply to enroll in nonsectarian courses
offered under subdivision 10, if (1) after all 11th and 12th grade students have applied
for a course, additional students are necessary to offer the course and the school district
and the eligible postsecondary institution providing the course agree to the student's
enrollment or (2) the course is a world language course currently available to 11th and
12th grade students, and consistent with section 120B.022 governing world language
standards, certificates, and seals
. If an institution accepts a secondary pupil for enrollment
under this section, the institution shall send written notice to the pupil, the pupil's school
or school district, and the commissioner within ten days of acceptance. The notice must
indicate the course and hours of enrollment of that pupil. If the pupil enrolls in a course for
postsecondary credit, the institution must notify the pupil about payment in the customary
manner used by the institution.

Sec. 40.

Minnesota Statutes 2014, section 124D.09, subdivision 5a, is amended to read:


Subd. 5a.

Authorization; career or technical education.

A 10th, 11th, or 12th
grade pupil enrolled in a district or an American Indian-controlled tribal contract or grant
school eligible for aid under section 124D.83, except a foreign exchange pupil enrolled in
a district under a cultural exchange program, may enroll in a career or technical education
course offered by a Minnesota state college or university. A 10th grade pupil applying
for enrollment in a career or technical education course under this subdivision must have
received a passing score on the 8th grade Minnesota Comprehensive Assessment in
reading as a condition of enrollment. A current 10th grade pupil who did not take the 8th
grade Minnesota Comprehensive Assessment in reading may substitute another reading
assessment accepted by the enrolling postsecondary institution.
A secondary pupil may
enroll in the pupil's first postsecondary options enrollment course under this subdivision.
A student who is refused enrollment by a Minnesota state college or university under this
subdivision may apply to an eligible institution offering a career or technical education
course. The postsecondary institution must give priority to its students according to
subdivision 9. If a secondary student receives a grade of "C" or better in the career or
technical education course taken under this subdivision, the postsecondary institution
must allow the student to take additional postsecondary courses for secondary credit at
that institution, not to exceed the limits in subdivision 8. A "career or technical course" is
a course that is part of a career and technical education program that provides individuals
with coherent, rigorous content aligned with academic standards and relevant technical
knowledge and skills needed to prepare for further education and careers in current and
emerging professions and provide technical skill proficiency, an industry recognized
credential, and a certificate, a diploma, or an associate degree.

Sec. 41.

Minnesota Statutes 2014, section 124D.09, subdivision 8, is amended to read:


Subd. 8.

Limit on participation.

A pupil who first enrolls in grade 9 may not
enroll in postsecondary courses under this section for secondary credit for more than
the equivalent of four academic years. A pupil who first enrolls in grade 10 may not
enroll in postsecondary courses under this section for secondary credit for more than
the equivalent of three academic years. A pupil who first enrolls in grade 11 may not
enroll in postsecondary courses under this section for secondary credit for more than the
equivalent of two academic years. A pupil who first enrolls in grade 12 may not enroll in
postsecondary courses under this section for secondary credit for more than the equivalent
of one academic year. If a pupil in grade 9, 10, 11, or 12 first enrolls in a postsecondary
course for secondary credit during the school year, the time of participation shall be
reduced proportionately. If a pupil is in a learning year or other year-round program and
begins each grade in the summer session, summer sessions shall not be counted against
the time of participation. If a school district determines a pupil is not on track to graduate,
the limit on participation does not apply to that pupil.
A pupil who has graduated from
high school cannot participate in a program under this section. A pupil who has completed
course requirements for graduation but who has not received a diploma may participate in
the program under this section.

Sec. 42.

Minnesota Statutes 2014, section 124D.09, subdivision 9, is amended to read:


Subd. 9.

Enrollment priority.

(a) A postsecondary institution shall give priority to
its postsecondary students when enrolling 10th, 11th, and 12th grade pupils in its courses.
A postsecondary institution may provide information about its programs to a secondary
school or to a pupil or parent and it may advertise or otherwise recruit or solicit a secondary
pupil to enroll in its programs on educational and programmatic grounds only except,
notwithstanding other law to the contrary, and for the 2014-2015 through 2019-2020
school years only, an eligible postsecondary institution may advertise or otherwise recruit
or solicit a secondary pupil residing in a school district with 700 students or more in grades
10, 11, and 12, to enroll in its programs on
educational, programmatic, or financial grounds.

(b) An institution must not enroll secondary pupils, for postsecondary enrollment
options purposes, in remedial, developmental, or other courses that are not college level
except when a student eligible to participate and enrolled in the graduation incentives
program under section 124D.68 enrolls full time in a middle or early college program. A
middle or early college program must be
specifically designed to allow the student to earn
dual high school and college credit with a well-defined pathway to allow the student to earn
a postsecondary degree or credential
. In this case, the student shall receive developmental
college credit and not college credit for completing remedial or developmental courses.

(c) Once a pupil has been enrolled in any postsecondary course under this section,
the pupil shall not be displaced by another student.

(b) (d) If a postsecondary institution enrolls a secondary school pupil in a course
under this section, the postsecondary institution also must enroll in the same course an
otherwise enrolled and qualified postsecondary student who qualifies as a veteran under
section 197.447, and demonstrates to the postsecondary institution's satisfaction that the
institution's established enrollment timelines were not practicable for that student.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 43.

Minnesota Statutes 2014, section 124D.09, subdivision 12, is amended to read:


Subd. 12.

Credits.

A pupil must not audit a course under this section.

A district shall grant academic credit to a pupil enrolled in a course for secondary
credit if the pupil successfully completes the course. Seven quarter or four semester
college credits equal at least one full year of high school credit. Fewer college credits may
be prorated. A district must also grant academic credit to a pupil enrolled in a course for
postsecondary credit if secondary credit is requested by a pupil. If no comparable course is
offered by the district, the district must, as soon as possible, notify the commissioner, who
shall determine the number of credits that shall be granted to a pupil who successfully
completes a course. If a comparable course is offered by the district, the school board
shall grant a comparable number of credits to the pupil. If there is a dispute between the
district and the pupil regarding the number of credits granted for a particular course, the
pupil may appeal the board's decision to the commissioner. The commissioner's decision
regarding the number of credits shall be final.

The secondary credits granted to a pupil must be counted toward the graduation
requirements and subject area requirements of the district. Evidence of successful
completion of each course and secondary credits granted must be included in the pupil's
secondary school record. A pupil shall provide the school with a copy of the pupil's grade
in each course taken for secondary credit under this section. Upon the request of a pupil,
the pupil's secondary school record must also include evidence of successful completion
and credits granted for a course taken for postsecondary credit. In either case, the record
must indicate that the credits were earned at a postsecondary institution.

If a pupil enrolls in a postsecondary institution after leaving secondary school, the
postsecondary institution must award postsecondary credit for any course successfully
completed for secondary credit at that institution. Other postsecondary institutions may
award, after a pupil leaves secondary school, postsecondary credit for any courses
successfully completed under this section. An institution may not charge a pupil for
the award of credit.

The Board of Trustees of the Minnesota State Colleges and Universities and
the Board of Regents of the University of Minnesota must, and private nonprofit and
proprietary postsecondary institutions should, award postsecondary credit for any
successfully completed courses in a program certified by the National Alliance of
Concurrent Enrollment Partnerships offered according to an agreement under subdivision
10. Consistent with section 135A.101, subdivision 3, all MnSCU institutions must give
full credit to a secondary pupil who completes for postsecondary credit a postsecondary
course or program that is part or all of a goal area or a transfer curriculum at a MnSCU
institution when the pupil enrolls in a MnSCU institution after leaving secondary school.
Once one MnSCU institution certifies as completed a secondary student's postsecondary
course or program that is part or all of a goal area or a transfer curriculum, every MnSCU
institution must consider the student's course or program for that goal area or the transfer
curriculum as completed.

EFFECTIVE DATE.

This section is effective for the 2015-2016 school year and
later.

Sec. 44.

Minnesota Statutes 2014, section 124D.091, subdivision 1, is amended to read:


Subdivision 1.

Accreditation.

To establish a uniform standard by which
concurrent enrollment courses and professional development activities may be measured,
postsecondary institutions are encouraged to apply for accreditation by must adopt and
implement
the National Alliance of Concurrent Enrollment Partnership Partnership's
program standards and required evidence for accreditation by the 2020-2021 school year
and later
.

Sec. 45.

Minnesota Statutes 2014, section 124D.73, subdivision 3, is amended to read:


Subd. 3.

Advisory task force Tribal Nations Education Committee.

"Advisory
task force"
"Tribal Nations Education Committee" means the state advisory task force
committee established through tribal directive that the commissioner consults with
on American Indian education programs, policy, and all matters related to educating
Minnesota's American Indian students
.

Sec. 46.

Minnesota Statutes 2014, section 124D.73, subdivision 4, is amended to read:


Subd. 4.

Participating school; American Indian school.

"Participating school"
and "American Indian school" mean a school that:

(1) is not operated by a school district; and

(2) is eligible for a grant under federal Title IV of the Indian VII of the Elementary
and Secondary
Education Act for the education of American Indian children.

Sec. 47.

Minnesota Statutes 2014, section 124D.74, subdivision 1, is amended to read:


Subdivision 1.

Program described.

American Indian education programs are
programs in public elementary and secondary schools, nonsectarian nonpublic, community,
tribal, charter, or alternative schools enrolling American Indian children designed to:

(1) support postsecondary preparation for pupils;

(2) support the academic achievement of American Indian students with identified
focus to improve reading and mathematic skills
;

(3) make the curriculum more relevant to the needs, interests, and cultural heritage
of American Indian pupils;

(4) provide positive reinforcement of the self-image of American Indian pupils;

(5) develop intercultural awareness among pupils, parents, and staff; and

(6) supplement, not supplant, state and federal educational and cocurricular programs.

Program components may include: development of support components for students in
the areas of
services designed to increase completion and graduation rates of American
Indian students must emphasize
academic achievement, retention, and attendance;
development of support components services for staff, including in-service training and
technical assistance in methods of teaching American Indian pupils; research projects,
including experimentation with innovative teaching approaches and evaluation of
methods of relating to American Indian pupils; provision of personal and vocational
career counseling to American Indian pupils; modification of curriculum, instructional
methods, and administrative procedures to meet the needs of American Indian pupils; and
supplemental instruction in American Indian language, literature, history, and culture.
Districts offering programs may make contracts for the provision of program components
services by establishing cooperative liaisons with tribal programs and American Indian
social service agencies. These programs may also be provided as components of early
childhood and family education programs.

Sec. 48.

Minnesota Statutes 2014, section 124D.74, subdivision 3, is amended to read:


Subd. 3.

Enrollment of other children; shared time enrollment.

To the extent
it is economically feasible, a district or participating school may make provision for the
voluntary enrollment of non-American Indian children in the instructional components of
an American Indian education program in order that they may acquire an understanding of
the cultural heritage of the American Indian children for whom that particular program is
designed. However, in determining eligibility to participate in a program, priority must be
given to American Indian children. American Indian children and other children enrolled
in an existing nonpublic school system may be enrolled on a shared time basis in all
academic, targeted services, and
American Indian education programs.

Sec. 49.

Minnesota Statutes 2014, section 124D.74, subdivision 6, is amended to read:


Subd. 6.

Nonverbal courses and extracurricular activities.

In predominantly
nonverbal subjects, such as art, music, and physical education, American Indian children
shall participate fully and on an equal basis with their contemporaries peers in school
classes provided for these subjects. Every school district or participating school shall
ensure to children enrolled in American Indian education programs an equal and
meaningful opportunity to participate fully with other children in all extracurricular
activities. This subdivision shall not be construed to prohibit instruction in nonverbal
subjects or extracurricular activities which relate to the cultural heritage of the American
Indian children, or which are otherwise necessary to accomplish the objectives described
in sections 124D.71 to 124D.82.

Sec. 50.

Minnesota Statutes 2014, section 124D.75, subdivision 1, is amended to read:


Subdivision 1.

American Indian language and culture education licenses.

The
Board of Teaching, in consultation with the Tribal Nations Education Committee, must
grant initial and continuing teaching licenses in American Indian language and culture
education that bear the same duration as other initial and continuing licenses. The board
must grant licenses to persons who present satisfactory evidence that they:

(1) possess competence in an American Indian language or possess unique
qualifications relative to or knowledge and understanding of American Indian history
and culture; or

(2) possess a bachelor's degree or other academic degree approved by the board or
meet such requirements as to course of study and training as the board may prescribe, or
possess such relevant experience as the board may prescribe.

This evidence may be presented by affidavits, tribal resolutions, or by such other
methods as the board may prescribe. Individuals may present applications for licensure on
their own behalf or these applications may be submitted by the superintendent or other
authorized official of a school district, participating school, or an American Indian school.

Sec. 51.

Minnesota Statutes 2014, section 124D.75, subdivision 3, is amended to read:


Subd. 3.

Resolution or letter.

All persons applying for a license under this section
must submit to the board a resolution or letter of support signed by an American Indian
tribal government or its designee. All persons holding a license under this section on July
1, 1995,
must have on file or file with the board a resolution or letter of support signed by
a tribal government or its designee by January 1, 1996, or the next renewal date of the
license thereafter
.

Sec. 52.

Minnesota Statutes 2014, section 124D.75, subdivision 9, is amended to read:


Subd. 9.

Affirmative efforts in hiring.

In hiring for all positions in these programs,
school districts and participating schools shall give preference to and make affirmative
efforts to seek, recruit, and employ persons who share the culture of the American Indian
children who are enrolled in the program. The district or participating school shall must
provide procedures for the involvement of the parent advisory committees in designing
the procedures for
the recruitment, screening and selection of applicants. This subdivision
shall not be construed to limit the school board's authority to hire and discharge personnel.

Sec. 53.

Minnesota Statutes 2014, section 124D.76, is amended to read:


124D.76 TEACHERS AIDES; COMMUNITY COORDINATORS, INDIAN
HOME/SCHOOL LIAISONS, PARAPROFESSIONALS
.

In addition to employing American Indian language and culture education teachers,
each district or participating school providing programs pursuant to sections 124D.71 to
124D.82 may employ teachers' aides paraprofessionals. Teachers' aides Paraprofessionals
must not be employed for the purpose of supplanting American Indian language and
culture education teachers.

Any district or participating school which conducts American Indian education
programs pursuant to sections 124D.71 to 124D.82 must employ one or more full-time
or part-time community coordinators or Indian home/school liaisons if there are 100 or
more American Indian students enrolled in the program district. Community coordinators
shall promote communication understanding, and cooperation between the schools and the
community and shall visit the homes of children who are to be enrolled in an American
Indian education program in order to convey information about the program.

Sec. 54.

Minnesota Statutes 2014, section 124D.78, is amended to read:


124D.78 PARENT AND COMMUNITY PARTICIPATION.

Subdivision 1.

Parent committee.

School boards and American Indian schools
must provide for the maximum involvement of parents of children enrolled in education
programs, programs for elementary and secondary grades, special education programs,
and support services. Accordingly, the board of a school district in which there are ten
or more American Indian children students enrolled and each American Indian school
must establish a an American Indian education parent advisory committee. If a committee
whose membership consists of a majority of parents of American Indian children has been
or is established according to federal, tribal, or other state law, that committee may serve
as the committee required by this section and is subject to, at least, the requirements of
this subdivision and subdivision 2.

The American Indian education parent advisory committee must develop its
recommendations in consultation with the curriculum advisory committee required by
section 120B.11, subdivision 3. This committee must afford parents the necessary
information and the opportunity effectively to express their views concerning all aspects
of American Indian education and the educational needs of the American Indian children
enrolled in the school or program. The committee must also address the need for adult
education programs for American Indian people in the community.
The school board or
American Indian school must ensure that programs are planned, operated, and evaluated
with the involvement of and in consultation with parents of children students served by
the programs.

Subd. 2.

Resolution of concurrence.

Prior to December March 1, the school
board or American Indian school must submit to the department a copy of a resolution
adopted by the American Indian education parent advisory committee. The copy must be
signed by the chair of the committee and must state whether the committee concurs with
the educational programs for American Indian children students offered by the school
board or American Indian school. If the committee does not concur with the educational
programs, the reasons for nonconcurrence and recommendations shall be submitted with
the resolution. By resolution, the board must respond in writing within 60 days, in cases
of nonconcurrence, to each recommendation made by the committee and state its reasons
for not implementing the recommendations.

Subd. 3.

Membership.

The American Indian education parent advisory committee
must be composed of parents of children eligible to be enrolled in American Indian
education programs; secondary students eligible to be served; American Indian language
and culture education teachers and aides paraprofessionals; American Indian teachers;
counselors; adult American Indian people enrolled in educational programs; and
representatives from community groups. A majority of each committee must be parents
of children enrolled or eligible to be enrolled in the programs. The number of parents
of American Indian and non-American Indian children shall reflect approximately the
proportion of children of those groups enrolled in the programs.

Subd. 4.

Alternate committee.

If the organizational membership or the board
of directors of an American Indian school consists of parents of children attending the
school, that membership or board may serve also as the American Indian education parent
advisory committee.

Sec. 55.

Minnesota Statutes 2014, section 124D.79, subdivision 1, is amended to read:


Subdivision 1.

American Indian community involvement.

The commissioner
must provide for the maximum involvement of the state committees on American Indian
education
Tribal Nations Education Committee, parents of American Indian children,
secondary students eligible to be served, American Indian language and culture education
teachers, American Indian teachers, teachers' aides paraprofessionals, representatives of
community groups, and persons knowledgeable in the field of American Indian education,
in the formulation of policy and procedures relating to the administration of sections
124D.71 to 124D.82. The commissioner must annually hold a field hearing on Indian
education to gather input from American Indian educators, parents, and students on the
state of American Indian education in Minnesota. Results of the hearing must be made
available to all 11 tribal nations for review and comment.

Sec. 56.

Minnesota Statutes 2014, section 124D.79, subdivision 2, is amended to read:


Subd. 2.

Technical assistance.

The commissioner shall provide technical assistance
to districts, schools and postsecondary institutions for preservice and in-service training
for teachers, American Indian education teachers and teacher's aides, paraprofessionals
specifically designed to implement culturally responsive
teaching methods, culturally
based
curriculum development, testing and testing mechanisms, and the development of
materials for American Indian education programs.

Sec. 57.

Minnesota Statutes 2014, section 124D.791, subdivision 4, is amended to read:


Subd. 4.

Duties; powers.

The Indian education director shall:

(1) serve as the liaison for the department with the Tribal Nations Education
Committee, the 11 reservations tribal communities in Minnesota, the Minnesota Chippewa
tribe, and the Minnesota Indian Affairs Council, and the Urban Advisory Council;

(2) evaluate the state of American Indian education in Minnesota;

(3) engage the tribal bodies, community groups, parents of children eligible to be
served by American Indian education programs, American Indian administrators and
teachers, persons experienced in the training of teachers for American Indian education
programs, the tribally controlled schools, and other persons knowledgeable in the field of
American Indian education and seek their advice on policies that can improve the quality
of American Indian education;

(4) advise the commissioner on American Indian education issues, including:

(i) issues facing American Indian students;

(ii) policies for American Indian education;

(iii) awarding scholarships to eligible American Indian students and in administering
the commissioner's duties regarding awarding of American Indian postsecondary
preparation
education grants to school districts; and

(iv) administration of the commissioner's duties under sections 124D.71 to 124D.82
and other programs for the education of American Indian people;

(5) propose to the commissioner legislative changes that will improve the quality
of American Indian education;

(6) develop a strategic plan and a long-term framework for American Indian
education, in conjunction with the Minnesota Indian Affairs Council, that is updated every
five years and implemented by the commissioner, with goals to:

(i) increase American Indian student achievement, including increased levels of
proficiency and growth on statewide accountability assessments;

(ii) increase the number of American Indian teachers in public schools;

(iii) close the achievement gap between American Indian students and their more
advantaged peers;

(iv) increase the statewide graduation rate for American Indian students; and

(v) increase American Indian student placement in postsecondary programs and
the workforce; and

(7) keep the American Indian community informed about the work of the department
by reporting to the Tribal Nations Education Committee at each committee meeting.

Sec. 58.

Minnesota Statutes 2014, section 124D.861, is amended to read:


124D.861 ACHIEVEMENT AND INTEGRATION FOR MINNESOTA.

Subdivision 1.

Program to close the academic achievement and opportunity
gap; revenue uses.

(a) The "Achievement and Integration for Minnesota " program is
established to pursue improve academic achievement and promote racial and economic
integration and increase student academic achievement, to create equitable educational
opportunities and outcomes, and reduce academic disparities based on students' diverse
racial, ethnic, and economic backgrounds in Minnesota public schools.

(b) For purposes of this section and section 124D.862, "eligible district" means a
district required to submit a plan to the commissioner under Minnesota Rules governing
school desegregation and integration, or be a member of a multidistrict integration
collaborative that files a plan with the commissioner and "hard to staff" classroom or
school means a classroom or school designated as such by the school board because of the
difficulty of attracting or retaining qualified and effective teachers at that site
.

(c) Eligible districts must use the revenue aid under section 124D.862 to pursue
improve the academic achievement and racial and economic integration through: (1)
integrated learning environments that prepare
of all students to be effective citizens and
enhance social cohesion; (2) policies and curricula and trained instructors, administrators,
school counselors, and other advocates to support and enhance integrated learning
environments under this section, including through magnet schools, innovative,
research-based instruction, differentiated instruction, and targeted interventions to improve
achievement; and (3) rigorous career and college readiness programs for underserved
student populations, consistent with section 120B.30, subdivision 1; integrated learning
environments to increase student academic achievement; cultural fluency, competency,
and interaction; graduation and educational attainment rates; and parent involvement.
and
eliminate disparities in academic achievement among student subgroups through:

(1) school choice programs, innovative academic instruction, and best teaching
practices;

(2) opportunity programs proven to increase students' access to academic rigor and
focused on college and career readiness;

(3) family engagement programs that promote involvement in students' academic
life and success;

(4) extended day and extended week programs;

(5) summer school academies;

(6) before and after school academic programs;

(7) prekindergarten or other early learning programs; and

(8) other programs proven through data to improve students' academic achievement.

(d) Eligible districts may use the levy under section 124D.862 to promote racial
and academic integration through:

(1) integrated learning environments that prepare all students to be effective citizens
and enhance social cohesion, cultural fluency, competency, and interaction;

(2) policies, curricula, and trained instructors, administrators, school counselors,
and other advocates to support and enhance integrated learning environments under this
section, including, but not limited to, through magnet schools, before and after school
programming, and summer activities and academies; or

(3) other locally developed, innovative programs or opportunities.

(e) Eligible districts may use the aid and the levy under section 124D.862 to increase
teacher and administrator diversity through recruitment and retention policies and to
provide incentives for teachers to teach in hard-to-staff schools or classrooms.

Notwithstanding any law to the contrary, a cash incentive may be paid directly to a teacher
teaching in a hard-to-staff school or classroom.

Subd. 2.

Plan implementation; components.

(a) The school board of each
eligible district must formally develop and implement a long-term comprehensive plan
under this section consistent with subdivision 1, containing specific district and school
goals for eliminating the disparities in students' academic achievement and promoting
students' academic success
. The plan must may be incorporated into the district's
comprehensive strategic plan under section 120B.11 and may include students enrolled
in alternative learning centers under section 126C.05, subdivision 15, and contract
alternative programs under section 124D.69
. Plan components may include: innovative
and integrated prekindergarten through grade 12 learning environments that offer students
school enrollment choices; family engagement initiatives that involve families in their
students' academic life and success; professional development opportunities for teachers
and administrators focused on improving the academic achievement of all students;
increased programmatic opportunities focused on rigor and college and career readiness
for underserved students, including students enrolled in alternative learning centers under
section 123A.05, public alternative programs under section 126C.05, subdivision 15, and
contract alternative programs under section 124D.69, among other underserved students;
or recruitment and retention of teachers and administrators with diverse racial and ethnic
backgrounds. The plan must contain goals for: (1) reducing the disparities in academic
achievement among all students and specific categories of students under section 120B.35,
subdivision 3
, paragraph (b), excluding the student categories of gender, disability, and
English learners; and (2) increasing racial and economic integration in schools and
districts
The board may also develop and implement an integration plan to increase racial
and economic integration in schools and districts
.

(b) Among other requirements, an eligible district must implement effective
cost-effective, research-based interventions that include formative assessment practices
to reduce eliminate the disparities in student academic performance among the specific
achievement between the highest and lowest performing racial and ethnic categories of
students as measured by student progress and growth demonstration of proficiency and
growth
on state reading and math assessments and as aligned with section 120B.11 .

(c) Eligible districts must create may collaborate in creating efficiencies and
eliminate eliminating duplicative programs and services under this section, which
may include forming collaborations or a single, seven-county metropolitan areawide
partnership of eligible districts for this purpose
.

Subd. 3.

Public engagement; progress report and biennial report; budget
process.

(a) To receive revenue aid under section 124D.862, the school board of an
eligible district must incorporate school and district plan components under section
120B.11 into the district's comprehensive integration plan.

(b) A school board must hold at least one formal annual hearing to publicly report its
progress in realizing the goals identified in its plan. At the hearing, the board must provide
the public with longitudinal data demonstrating district and school progress in reducing
the disparities in student
eliminating the academic performance among the specified
categories of students and in realizing racial and economic integration
achievement
gap
, consistent with the district plan and the measures in paragraph (a) (b). At least 30
days before the formal hearing under this paragraph, the board must post its plan, its
preliminary analysis, relevant student performance data, and other longitudinal data on
the district's Web site. A district must hold one hearing to meet the hearing requirements
of both this section and section 120B.11. The board must also include in this hearing a
discussion of its integration plan.

(c) (b) The district must submit a detailed budget to the commissioner by March
15 in the year before it implements its achievement gap elimination plan. If a district
develops an integration plan, the district must also submit a budget for its integration
activities at the same time.
The commissioner must review, and approve or disapprove the
district's budget budgets by June 1 of that year.

(d) (c) The longitudinal data required under paragraph (a) must be based on student
growth and progress in reading and mathematics, as defined under section 120B.30,
subdivision 1, and student performance data and achievement reports from fully adaptive
reading and mathematics assessments for grades 3 through 7 8, and high school reading
and math tests
beginning in the 2015-2016 school year under section 120B.30, subdivision
1a
, and either (i) school enrollment choices, (ii) the number of world language proficiency
or high achievement certificates awarded under section 120B.022, subdivision 1a, or
the number of state bilingual and multilingual seals issued under section 120B.022,
subdivision 1b
, or (iii)school safety and students' engagement and connection at school
under section 120B.35, subdivision 3, paragraph (d). Additional longitudinal data may be
based on: students' progress toward career and college readiness under section 120B.30,
subdivision 1
; or rigorous coursework completed under section 120B.35, subdivision 3,
paragraph (c), clause (2).

Subd. 4.

Timeline and implementation.

A board must approve its achievement
gap elimination
plan and submit it to the department by March 15. If a district that is part
of a multidistrict council applies for revenue for a plan, the individual district shall not
receive revenue aid unless it ratifies the plan adopted by the multidistrict council. Each
plan has a term of three years. For the 2014-2015 school year, an eligible district under
this section must submit its plan to the commissioner for review by March 15, 2014. For
the 2013-2014 school year only, an eligible district may continue to implement its current
plan until the commissioner approves a new plan under this section.

Subd. 5.

Evaluation.

The commissioner must evaluate the efficacy of district plans
in reducing eliminating the disparities in student academic performance achievement
among the specified categories of students within the district, and where applicable, in
realizing racial and economic integration. The commissioner shall report evaluation
results to the kindergarten through grade 12 education committees of the legislature by
February 1 of every odd-numbered fourth year beginning February 1, 2017.

EFFECTIVE DATE.

This section is effective for revenue for fiscal year 2016
and later.

Sec. 59.

Minnesota Statutes 2014, section 124D.862, is amended to read:


124D.862 ACHIEVEMENT GAP ELIMINATION REVENUE AND
INTEGRATION REVENUE LEVY.

Subdivision 1.

Initial achievement and integration gap elimination revenue.

(a)
An eligible district's initial achievement and integration gap elimination revenue equals
the lesser of 100.3 100.2 percent of the district's expenditures under the budget approved
by the commissioner under section 124D.861, subdivision 3, paragraph (c), excluding
expenditures used to generate incentive revenue under subdivision 2, or the sum of (1)
$350 times the district's adjusted pupil units for that year times the ratio of the district's
enrollment of protected students for the previous school year to total enrollment for the
previous school year and (2) the greater of zero or 66 percent of the difference between the
district's integration revenue for fiscal year 2013 and the district's integration revenue for
fiscal year 2014 under clause (1).

(b) In each year, 0.3 percent of each district's initial achievement and integration
revenue is transferred to the department for the oversight and accountability activities
required under this section and section 124D.861.

Subd. 2.

Incentive revenue.

An eligible school district's maximum incentive
revenue equals $10 per adjusted pupil unit. A district's incentive revenue equals the
lesser of the maximum incentive revenue or the district's expenditures for implementing a
voluntary plan to reduce racial and economic enrollment disparities through intradistrict
and interdistrict activities that have been approved as a part of the district's achievement
and integration plan under the budget approved by the commissioner under section
124D.861, subdivision 3 , paragraph (c).

Subd. 3.

Achievement and integration gap elimination revenue.

Achievement
and integration gap elimination revenue equals the sum of initial achievement and
integration
gap elimination revenue and incentive revenue.

Subd. 4.

Achievement and integration gap elimination aid.

For fiscal year 2015
and later,
A district's achievement and integration gap elimination aid equals the lesser of (1)
$350 times the district's adjusted pupil units for that year; (2)
70 percent of its achievement
and integration gap elimination revenue; or (3) the district's actual expenditures under the
budget approved by the commissioner under section 124D.861, subdivision 3
.

Subd. 5.

Achievement and Integration levy.

A district's achievement and
integration levy equals the sum of: (1) 30 percent of its achievement and integration gap
elimination
revenue times 30 percent under subdivision 3; and (2) the greater of zero or
the difference between the district's initial integration revenue under clause (1) and an
amount equal to $350 times the district's adjusted pupil units for that year
. For Special
School District No. 1, Minneapolis; Independent School District No. 625, St. Paul; and
Independent School District No. 709, Duluth, 100 percent of the levy certified under
this subdivision is shifted into the prior calendar year for purposes of sections 123B.75,
subdivision 5
, and 127A.441.

Subd. 6.

Revenue uses.

(a) At least 80 90 percent of a district's achievement and
integration revenue
gap elimination aid received under this section must be used for
innovative and integrated learning environments, school enrollment choices, family
engagement activities,
academic programming consistent with the plan under section
124D.861, subdivision 1,
and other approved programs providing direct instructional
services to students.

(b) Up to 20 five percent of the revenue aid may be used for professional
development and staff development activities and placement services.

(c) No more than ten five percent of the total amount of revenue aid may be spent on
administrative services.

Subd. 7.

Revenue reserved.

Integration revenue Achievement gap elimination aid
received under this section must be reserved and used only for the programs authorized in
subdivision 2 6. The integration levy under subdivision 5, clause (1), must be reserved
and used only for the purposes of the district's integration plan adopted under section
124D.861, subdivision 1
.

Subd. 8.

Commissioner authority to withhold revenue.

(a) The commissioner
must review the results of each district's integration and achievement gap elimination
plan by August 1 at the end of the third year of implementing the plan and determine if
the district met its goals.

(b) If a district met its goals, it may submit a new three-year plan to the commissioner
for review.

(c) If a district has not met its goals, the commissioner must:

(1) develop a district improvement plan and timeline, in consultation with the
affected district, that identifies strategies and practices designed to meet the district's goals
under this section and section 120B.11; and

(2) use up to 20 percent of the district's integration revenue achievement gap
elimination aid
, until the district's goals are reached, to implement the improvement plan.

Subd. 9.

Department funding.

For fiscal years 2016 and later, an amount equal
to 0.2 percent of the total expenditures under section 124D.862 for fiscal year 2015 is
transferred to the department for oversight and accountability activities required under
this section and section 124D.861.

EFFECTIVE DATE.

This section is effective for revenue for fiscal year 2016
and later.

Sec. 60.

Minnesota Statutes 2014, section 135A.101, is amended by adding a
subdivision to read:


Subd. 3.

Minnesota transfer curriculum.

Notwithstanding section 135A.08 or
other law to the contrary, all MnSCU institutions must give full credit to a secondary pupil
who completes for postsecondary credit a postsecondary course or program that is part or
all of a goal area or a transfer curriculum at a MnSCU institution when the pupil enrolls
in a MnSCU institution after leaving secondary school. Once one MnSCU institution
certifies as completed a secondary student's postsecondary course or program that is part
or all of a goal area or a transfer curriculum, every MnSCU institution must consider the
student's course or program for that goal area or the transfer curriculum as completed.

EFFECTIVE DATE.

This section is effective August 1, 2015.

Sec. 61.

Minnesota Statutes 2014, section 179A.20, is amended by adding a
subdivision to read:


Subd. 4a.

Unrequested leave of absence for teachers.

A school board and the
exclusive representative of the teachers may not execute a contract effective for the
2017-2018 school year or later unless the contract contains a plan for unrequested leave of
absence under section 122A.40, subdivision 10, or a plan for discontinuing or terminating
teachers under section 122A.41, subdivision 14.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 62.

Laws 2014, chapter 312, article 16, section 15, is amended to read:


Sec. 15. TEACHER DEVELOPMENT AND EVALUATION REVENUE.

(a) For fiscal year 2015 only, teacher development and evaluation revenue for a
school district, intermediate school district, or charter school with any school site that does
not have an alternative professional pay system agreement under Minnesota Statutes,
section 122A.414, subdivision 2, equals $302 times the number of full-time equivalent
teachers employed on October 1 of the previous school year in each school site without
an alternative professional pay system under Minnesota Statutes, section 122A.414,
subdivision 2
. Except for charter schools, revenue under this section must be reserved for
teacher development and evaluation activities consistent with Minnesota Statutes, section
122A.40, subdivision 8, or Minnesota Statutes, section 122A.41, subdivision 5. For the
purposes of this section, "teacher" has the meaning given it in Minnesota Statutes, section
122A.40, subdivision 1, or Minnesota Statutes, section 122A.41, subdivision 1.

(b) Notwithstanding paragraph (a), the state total teacher development and evaluation
revenue entitlement must not exceed $10,000,000 for fiscal year 2015. The commissioner
must limit the amount of revenue under this section so as not to exceed this limit.

EFFECTIVE DATE.

This section is effective for fiscal year 2015.

Sec. 63. TEACHER LICENSURE AGREEMENTS WITH ADJOINING STATES.

The Board of Teaching must prepare and submit a report to the K-12 education
committees of the legislature by February 15, 2016, indicating the number, contracting
states, and extent of the interstate agreements for teacher licensure under Minnesota
Statutes, section 122A.23, subdivision 3, reached between August 1 and December 31,
2015.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 64. TRANSFER CURRICULUM REPORT.

By February 1, 2016, the chancellor of the Minnesota State Colleges and
Universities must prepare and submit to the K-12 and higher education committees of
the legislature a report describing the implementation of the transfer curriculum policy
for postsecondary enrollment options program students under Minnesota Statutes,
sections 124D.09, subdivision 12, and 135A.101, subdivision 3, and how to standardize
Advanced Placement, International Baccalaureate, and college-level exam program course
equivalencies across all state colleges and universities.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 65. INTEGRATION LEVY ADJUSTMENT.

Notwithstanding section 59, for fiscal year 2016 only, a school district's achievement
and integration levy under Minnesota Statutes, section 124D.862, that is recognized
entirely in the previous year equals 30 percent of its achievement and integration revenue
for fiscal year 2016.

Sec. 66. APPROPRIATIONS.

Subdivision 1.

Department.

The sums indicated in this section are appropriated
from the general fund to the Department of Education for the fiscal years designated.

Subd. 2.

Achievement gap elimination aid.

For gap elimination aid under
Minnesota Statutes, section 124D.862:

$
62,622,000
.....
2016
$
65,484,000
.....
2017

The 2016 appropriation includes $6,382,000 for 2015 and $56,240,000 for 2016.

The 2017 appropriation includes $6,249,000 for 2016 and $59,235,000 for 2017.

Subd. 3.

Literacy incentive aid.

For literacy incentive aid under Minnesota
Statutes, section 124D.98:

$
44,552,000
.....
2016
$
45,508,000
.....
2017

The 2016 appropriation includes $4,683,000 for 2015 and $39,869,000 for 2016.

The 2017 appropriation includes $4,429,000 for 2016 and $41,079,000 for 2017.

Subd. 4.

Interdistrict desegregation or integration transportation grants.

For
interdistrict desegregation or integration transportation grants under Minnesota Statutes,
section 124D.87:

$
15,023,000
.....
2016
$
15,825,000
.....
2017

Subd. 5.

Success for the future.

For American Indian success for the future grants
under Minnesota Statutes, section 124D.81:

$
2,812,000
.....
2016
$
2,887,000
.....
2017

The 2016 appropriation includes $213,000 for 2015 and $2,599,000 for 2016.

The 2017 appropriation includes $288,000 for 2016 and $2,599,000 for 2017.

Subd. 6.

American Indian teacher preparation grants.

From the educator
licensure account in the special revenue fund, unless insufficient funds exist within the
educator licensure account in which case any remaining funds are from the general fund,
for joint grants to assist American Indian people to become teachers under Minnesota
Statutes, section 122A.63:

$
190,000
.....
2016
$
190,000
.....
2017

Subd. 7.

Tribal contract schools.

For tribal contract school aid under Minnesota
Statutes, section 124D.83:

$
2,157,000
.....
2016
$
2,273,000
.....
2017

The 2016 appropriation includes $204,000 for 2015 and $1,953,000 for 2016.

The 2017 appropriation includes $216,000 for 2016 and $2,057,000 for 2017.

Subd. 8.

Early childhood programs at tribal schools.

For early childhood family
education programs at tribal contract schools under Minnesota Statutes, section 124D.83,
subdivision 4:

$
68,000
.....
2016
$
68,000
.....
2017

Subd. 9.

Examination fees; teacher training and support programs.

(a) For
students' advanced placement and international baccalaureate examination fees under
Minnesota Statutes, section 120B.13, subdivision 3, and the training and related costs
for teachers and other interested educators under Minnesota Statutes, section 120B.13,
subdivision 1:

$
4,500,000
.....
2016
$
4,500,000
.....
2017

(b) The advanced placement program shall receive 75 percent of the appropriation
each year and the international baccalaureate program shall receive 25 percent of the
appropriation each year. The department, in consultation with representatives of the
advanced placement and international baccalaureate programs selected by the Advanced
Placement Advisory Council and IBMN, respectively, shall determine the amounts of
the expenditures each year for examination fees and training and support programs for
each program.

(c) Notwithstanding Minnesota Statutes, section 120B.13, subdivision 1, at least
$500,000 each year is for teachers to attend subject matter summer training programs
and follow-up support workshops approved by the advanced placement or international
baccalaureate programs. The amount of the subsidy for each teacher attending an
advanced placement or international baccalaureate summer training program or workshop
shall be the same. The commissioner shall determine the payment process and the amount
of the subsidy.

(d) The commissioner shall pay all examination fees for all students of low-income
families under Minnesota Statutes, section 120B.13, subdivision 3, and, to the extent
of available appropriations, shall also pay examination fees for students sitting for an
advanced placement examination, international baccalaureate examination, or both.

Any balance in the first year does not cancel but is available in the second year.

Subd. 10.

Concurrent enrollment programs.

For concurrent enrollment programs
under Minnesota Statutes, section 124D.091:

$
5,000,000
.....
2016
$
8,000,000
.....
2017

If the appropriation is insufficient, the commissioner must proportionately reduce
the aid payment to each district.

Any balance in the first year does not cancel but is available in the second year.

Subd. 11.

Collaborative urban educator.

For the collaborative urban educator
grant program:

$
780,000
.....
2016
$
780,000
.....
2017

$195,000 each year is for the Southeast Asian teacher program at Concordia
University, St. Paul; $195,000 each year is for the collaborative urban educator program
at the University of St. Thomas; $195,000 each year is for the Center for Excellence in
Urban Teaching at Hamline University; and $195,000 each year is for the East Africa
Student to Teacher program at Augsburg College.

Any balance in the first year does not cancel but is available in the second year.

Each institution shall prepare for the legislature, by January 15 of each year, a
detailed report regarding the funds used. The report must include the number of teachers
prepared as well as the diversity for each cohort of teachers produced.

Subd. 12.

ServeMinnesota program.

For funding ServeMinnesota programs under
Minnesota Statutes, sections 124D.37 to 124D.45:

$
900,000
.....
2016
$
900,000
.....
2017

A grantee organization may provide health and child care coverage to the dependents
of each participant enrolled in a full-time ServeMinnesota program to the extent such
coverage is not otherwise available.

Subd. 13.

Student organizations.

For student organizations:

$
725,000
.....
2016
$
725,000
.....
2017

$46,000 each year is for student organizations serving health occupations.

$100,000 each year is for student organizations serving trade and industry
occupations.

$95,000 each year is for student organizations serving business occupations.

$187,000 each year is for student organizations serving agriculture occupations.

$142,000 each year is for student organizations serving family and consumer science
occupations.

$109,000 each year is for student organizations serving marketing occupations.

$46,000 each year is for the Minnesota Foundation for Student Organizations.

Any balance in the first year does not cancel but is available in the second year.

Subd. 14.

Early childhood literacy programs.

For innovation grants to
ServeMinnesota for the Minnesota reading corps program under Minnesota Statutes,
section 124D.42, subdivision 8:

$
7,375,000
.....
2016
$
7,375,000
.....
2017

Up to $7,375,000 each year is to help maximize federal and nonpublic funding to
support AmeriCorps members serving in the Minnesota reading corps program established
by ServeMinnesota, including costs to train and teach early literacy skills to children age
three to grade 3 and to evaluate the impact of the Minnesota reading corps program under
Minnesota Statutes, section 124D.42, subdivision 8.

Any balance in the first year does not cancel but is available in the second year.

Subd. 15.

Minnesota math corps program.

For the Minnesota math corps program
under Minnesota Statutes, section 124D.42, subdivision 9:

$
250,000
.....
2016
$
250,000
.....
2017

Any unexpended balance in the first year does not cancel but is available in the
second year.

Subd. 16.

Alternative compensation.

For alternative teacher compensation aid
under Minnesota Statutes, section 122A.415, subdivision 4:

$
78,331,000
.....
2016
$
77,647,000
.....
2017

The 2016 appropriation includes $7,766,000 for 2015 and $70,565,000 for 2016.

The 2017 appropriation includes $7,840,000 for 2016 and $69,807,000 for 2017.

Subd. 17.

Starbase MN.

For a grant to Starbase MN for rigorous science,
technology, engineering, and math (STEM) programs providing students in grades 4 to
6 with a multisensory learning experience and a hands-on curriculum in an aerospace
environment using state-of-the-art technology:

$
924,000
.....
2016
$
0
.....
2017

This appropriation does not cancel but is available in the second year of the biennium.

The base budget for this appropriation is $500,000 for fiscal year 2018 and later.

All unspent funds, estimated at $924,000 from the Starbase MN appropriation under
Laws 2013, chapter 116, article 3, section 37, subdivision 22, are canceled to the general
fund on June 30, 2015.

Subd. 18.

Teacher development and evaluation.

For teacher development and
evaluation revenue:

$
1,000,000
.....
2016

The 2016 appropriation includes $1,000,000 for 2015 and $0 for 2016. This is a
onetime appropriation and is available until expended.

Subd. 19.

Recovery program grants.

For recovery program grants under
Minnesota Statutes, section 124D.695:

$
500,000
.....
2016
$
500,000
.....
2017

Any balance in the first year does not cancel and is available in the second year.

Subd. 20.

Minnesota Principals' Academy.

For a grant to the University of
Minnesota, College of Education and Human Development, for the operation of the
Minnesota Principals' Academy:

$
250,000
.....
2016
$
250,000
.....
2017

Any balance in the first year does not cancel but is available in the second year.

Subd. 21.

Cancellation; site decision-making grant.

All unspent funds, estimated
at $200,000 for the site decision-making grant program appropriation under Laws 2013,
chapter 116, article 3, section 37, subdivision 19, are canceled to the general fund on
June 30, 2015.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 67. REPEALER.

Minnesota Statutes 2014, section 122A.40, subdivision 11, is repealed.

EFFECTIVE DATE.

This section is effective beginning in the 2017-2018 school
year and later.

ARTICLE 3

STANDARDS AND ASSESSMENTS

Section 1.

Minnesota Statutes 2014, section 120B.02, subdivision 2, is amended to read:


Subd. 2.

Graduation requirements.

To graduate from high school, students must
demonstrate to their enrolling school district or school their satisfactory completion of
the credit requirements under section 120B.024 and their understanding of academic
standards on a nationally normed college entrance exam as required under section
120B.30, subdivision 1, paragraph (c), clause (1)
. A school district must adopt graduation
requirements that meet or exceed state graduation requirements established in law or rule.

EFFECTIVE DATE.

This section is effective and applies to students entering grade
9 in the 2015-2016 school year and later.

Sec. 2.

Minnesota Statutes 2014, section 120B.021, subdivision 4, is amended to read:


Subd. 4.

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 ten-year cycle to review and, consistent
with the review, revise state academic standards and related benchmarks, consistent with
this subdivision. During each ten-year review and revision cycle, the commissioner also
must examine the alignment of each required academic standard and related benchmark
with the knowledge and skills students need for career and college readiness and advanced
work in the particular subject area. The commissioner must include the contributions of
Minnesota American Indian tribes and communities as related to the academic standards
during the review and revision of the required academic standards.

(b) The commissioner 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 2020-2021 school year and
every ten years thereafter.

(c) The commissioner must implement a review of the academic standards and related
benchmarks in arts beginning in the 2016-2017 school year and every ten years thereafter.

(d) The commissioner must implement a review of the academic standards and
related benchmarks in science beginning in the 2017-2018 school year and every ten
years thereafter.

(e) The commissioner must implement a review of the academic standards and
related benchmarks in language arts beginning in the 2018-2019 school year and every
ten years thereafter.

(f) The commissioner must implement a review of the academic standards and
related benchmarks in social studies beginning in the 2019-2020 school year and every
ten years thereafter.

(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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

Minnesota Statutes 2014, section 120B.022, subdivision 1, is amended to read:


Subdivision 1.

Elective standards.

A district must establish its own standards in the
following subject areas:

(1) career and technical education; and .

(2) A district must use the current world languages standards developed by the
American Council on the Teaching of Foreign Languages
.

A school district must offer courses in all elective subject areas.

Sec. 4.

Minnesota Statutes 2014, section 120B.024, subdivision 2, is amended to read:


Subd. 2.

Credit equivalencies.

(a) A one-half credit of economics taught in a
school's agriculture education or business department may fulfill a one-half credit in
social studies under subdivision 1, clause (5), if the credit is sufficient to satisfy all of the
academic standards in economics.

(b) An agriculture science or career and technical education credit may fulfill the
credit in chemistry or physics or
the elective science credit required under subdivision 1,
clause (4), if the credit meets the state chemistry or physics, or district biology physical
science, life science, earth and space science, chemistry, or physics
academic standards or
a combination of these academic standards as approved by the district. An agriculture or
career and technical education credit may fulfill the credit in chemistry or physics required
under subdivision 1, clause (4), if the credit meets the state chemistry or physics academic
standards as approved by the district.
A student must satisfy either all of the chemistry
academic standards or all of the physics academic standards prior to graduation. An
agriculture science or career and technical education credit may not fulfill the required
biology credit under subdivision 1, clause (4).

(c) A career and technical education credit may fulfill a mathematics or arts credit
requirement under subdivision 1, clause (2) or (6).

(d) An agriculture education teacher is not required to meet the requirements of
Minnesota Rules, part 3505.1150, subpart 1, item B, to meet the credit equivalency
requirements of paragraph (b) above.

(e) A computer science credit may fulfill a mathematics credit requirement under
subdivision 1, clause (2), if the credit meets state academic standards in mathematics.

EFFECTIVE DATE.

This section is effective for the 2015-2016 school year and
later.

Sec. 5.

Minnesota Statutes 2014, section 120B.11, subdivision 1a, is amended to read:


Subd. 1a.

Performance measures.

Measures to determine school district and
school site progress in striving to create the world's best workforce must include at least:

(1) student performance on the National Assessment of Education Progress where
applicable;

(2) the size of the academic achievement gap, rigorous course taking under section
120B.35, subdivision 3, paragraph (c), clause (2), and enrichment experiences by student
subgroup;

(3) student performance on the Minnesota Comprehensive Assessments including
attainment of readiness score guidelines identified under section 120B.30, subdivision 1,
paragraph (j)
;

(4) high school graduation rates; and

(5) career and college readiness under section 120B.30, subdivision 1, paragraph (p) .

Sec. 6.

Minnesota Statutes 2014, section 120B.125, is amended to read:


120B.125 PLANNING FOR STUDENTS' SUCCESSFUL TRANSITION
TO POSTSECONDARY EDUCATION AND EMPLOYMENT; PERSONAL
LEARNING PLANS.

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

(1) provide a comprehensive plan to prepare for and complete a career and college
ready curriculum by meeting state and local academic standards and developing career and
employment-related skills such as team work, collaboration, creativity, communication,
critical thinking, and good work habits;

(2) emphasize academic rigor and high expectations;

(3) help students identify interests, aptitudes, aspirations, and personal learning
styles that may affect their career and college ready goals and postsecondary education
and employment choices;

(4) set appropriate career and college ready goals with timelines that identify
effective means for achieving those goals;

(5) help students access education and career options;

(6) integrate strong academic content into career-focused courses and applied and
experiential learning opportunities and integrate relevant career-focused courses and
applied and experiential learning opportunities into strong academic content;

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

(8) help identify collaborative partnerships among prekindergarten through grade
12 schools, postsecondary institutions, economic development agencies, and local and
regional employers that support students' transition to postsecondary education and
employment and provide students with applied and experiential learning opportunities; and

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

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

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

(d) When assisting students in developing a plan for a smooth and successful
transition to postsecondary education and employment, districts must recognize the unique
possibilities of each student and ensure that the contents of each student's plan reflect the
student's unique talents, skills, and abilities as the student grows, develops, and learns.

Sec. 7.

Minnesota Statutes 2014, section 120B.30, subdivision 1, is amended to read:


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 as computer-adaptive reading
and mathematics assessments for students that are aligned with the state's required
academic standards under section 120B.021, include multiple choice questions, and are
administered annually to all students in grades 3 through 7 8. Reading and mathematics
assessments for all students in grade 8 must be aligned with the state's required reading and
mathematics standards, be administered annually, and include multiple choice questions.
State-developed high school tests aligned with the state's required academic standards
under section 120B.021 and administered to all high school students in a subject other than
writing must include multiple choice questions. The commissioner shall establish one or
more months during which schools shall administer the tests to students each school year.

(1) Students enrolled in grade 8 through the 2009-2010 school year are eligible
to be assessed under (i) the graduation-required assessment for diploma in reading,
mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision 1,
paragraphs (c), clauses (1) and (2), and (d), (ii) the WorkKeys job skills assessment, (iii)
the Compass college placement test, (iv) the ACT assessment for college admission, or (v)
a nationally recognized armed services vocational aptitude test, or (vi) the high school
assessments required under subdivision 1a
.

(2) Students enrolled in grade 8 in the 2010-2011 or 2011-2012 school year are
eligible to be assessed under (i) the graduation-required assessment for diploma in reading,
mathematics, or writing under Minnesota Statutes 2012, section 120B.30, subdivision
1
, paragraph (c), clauses (1) and (2), (ii) the WorkKeys job skills assessment, (iii) the
Compass college placement test, (iv) the ACT assessment for college admission, or (v)
a nationally recognized armed services vocational aptitude test, or (vi) the high school
assessments required under subdivision 1a
.

(3) Students enrolled in grade 8 in the 2012-2013 or 2013-2014 school year are
eligible to be assessed under the ACT assessment for college admission or the high school
assessments required under subdivision 1a.

(3) (4) For students under clause (1) or , (2), or (3), a school district may substitute
a score from an alternative, equivalent assessment to satisfy the requirements of this
paragraph.

(b) The state assessment system must be aligned to the most recent revision of
academic standards as described in section 120B.023 in the following manner:

(1) mathematics;

(i) grades 3 through 8 beginning in the 2010-2011 school year; and

(ii) high school level beginning in the 2013-2014 school year;

(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and

(3) language arts and reading; grades 3 through 8 and high school level beginning in
the 2012-2013 school year.

(c) For students enrolled in grade 8 in the 2012-2013 2014-2015 school year
and later, students' state graduation requirements, based on a longitudinal, systematic
approach to student education and career planning, assessment, instructional support, and
evaluation, include the following:

(1) demonstrate understanding of required academic standards on a nationally
normed college entrance exam
high school assessments required under subdivision 1a;

(2) achievement and career and college readiness tests in mathematics, reading, and
writing, consistent with paragraph (e) (j) and to the extent available, to monitor students'
continuous development of and growth in requisite knowledge and skills; analyze
students' progress and performance levels, identifying students' academic strengths and
diagnosing areas where students require curriculum or instructional adjustments, targeted
interventions, or remediation; and, based on analysis of students' progress and performance
data, determine students' learning and instructional needs and the instructional tools and
best practices that support academic rigor for the student; and

(3) consistent with this paragraph and section 120B.125, age-appropriate exploration
and planning activities and career assessments to encourage students to identify personally
relevant career interests and aptitudes and help students and their families develop a
regularly reexamined transition plan for postsecondary education or employment without
need for postsecondary remediation.

Based on appropriate state guidelines, students with an individualized education program
may satisfy state graduation requirements by achieving an individual score on the
state-identified alternative assessments.

(d) Expectations of schools, districts, and the state for career or college readiness
under this subdivision must be comparable in rigor, clarity of purpose, and rates of student
completion. A student under paragraph (c), clause (2), must receive targeted, relevant,
academically rigorous, and resourced instruction, which may include a targeted instruction
and intervention plan focused on improving the student's knowledge and skills in core
subjects so that the student has a reasonable chance to succeed in a career or college
without need for postsecondary remediation. Consistent with sections 120B.13, 124D.09,
124D.091, 124D.49, and related sections, an enrolling school or district must actively
encourage a student in grade 11 or 12 who is identified as academically ready for a career
or college to participate in courses and programs awarding college credit to high school
students. Students are not required to achieve a specified score or level of proficiency on
an assessment under this subdivision to graduate from high school.

(d) To improve the secondary and postsecondary outcomes of all students, the
alignment between secondary and postsecondary education programs and Minnesota's
workforce needs, and the efficiency and cost-effectiveness of secondary and postsecondary
programs, the commissioner, after consulting with the chancellor of the Minnesota State
Colleges and Universities and using a request for proposal process, shall contract for a
series of assessments that are consistent with this subdivision, aligned with state academic
standards, and include career and college readiness benchmarks. Mathematics, reading,
and writing assessments for students in grades 8 and 10 must be predictive of a nationally
normed assessment for career and college readiness. This

(e) Though not a high school graduation requirement, students are encouraged to
participate in a nationally recognized college entrance exam. With funding provided by
the state, a district must pay the cost, one time, for an interested student in grade 11 or 12
who is eligible for a meal benefit to take a
nationally recognized assessment must be a
college entrance exam and given to students in grade 11 before graduating. This series
of assessments must include a college placement diagnostic exam and contain career
exploration elements.

(f) The commissioner and the chancellor of the Minnesota State Colleges and
Universities must collaborate in aligning instruction and assessments for adult basic
education students and English learners to provide the students with diagnostic information
about any targeted interventions, accommodations, modifications, and supports they
need so that assessments and other performance measures are accessible to them and
they may seek postsecondary education or employment without need for postsecondary
remediation. When administering formative or summative assessments used to measure
the academic progress, including the oral academic development, of English learners
and inform their instruction, schools must ensure that the assessments are accessible to
the students and students have the modifications and supports they need to sufficiently
understand the assessments.

(1) (g) Districts and schools, on an annual basis, must use the career exploration
elements in these assessments to help students, beginning no later than grade 9, and their
families explore and plan for postsecondary education or careers based on the students'
interests, aptitudes, and aspirations. Districts and schools must use timely regional labor
market information and partnerships, among other resources, to help students and their
families successfully develop, pursue, review, and revise an individualized plan for
postsecondary education or a career. This process must help increase students' engagement
in and connection to school, improve students' knowledge and skills, and deepen students'
understanding of career pathways as a sequence of academic and career courses that lead
to an industry-recognized credential, an associate's degree, or a bachelor's degree and are
available to all students, whatever their interests and career goals.

(2) Students in grade 10 or 11 not yet academically ready for a career or college based
on their growth in academic achievement between grades 8 and 10 must take the college
placement diagnostic exam before taking the college entrance exam under clause (3).
Students, their families, the school, and the district can then use the results of the college
placement diagnostic exam for targeted instruction, intervention, or remediation and
improve students' knowledge and skills in core subjects sufficient for a student to graduate
and have a reasonable chance to succeed in a career or college without remediation.

(3) All students except those eligible for alternative assessments must be given the
college entrance part of these assessments in grade 11.
(h) A student under this clause
who demonstrates attainment of required state academic standards, which include career
and college readiness benchmarks, on these high school assessments under subdivision 1a
is academically ready for a career or college and is encouraged to participate in courses
awarding college credit to high school students. Such courses and programs may include
sequential courses of study within broad career areas and technical skill assessments
that extend beyond course grades.

(4) (i) As appropriate, students through grade 12 must continue to participate in
targeted instruction, intervention, or remediation and be encouraged to participate in
courses awarding college credit to high school students.

(5) A study to determine the alignment between these assessments and state
academic standards under this chapter must be conducted. Where alignment exists, the
commissioner must seek federal approval to, and immediately upon receiving approval,
replace the federally required assessments referenced under subdivision 1a and section
120B.35, subdivision 2, with assessments under this paragraph.

(e) (j) In developing, supporting, and improving students' academic readiness for a
career or college, schools, districts, and the state must have a continuum of empirically
derived, clearly defined benchmarks focused on students' attainment of knowledge
and skills so that students, their parents, and teachers know how well students must
perform to have a reasonable chance to succeed in a career or college without need for
postsecondary remediation. The commissioner, in consultation with local school officials
and educators, and Minnesota's public postsecondary institutions must ensure that the
foundational knowledge and skills for students' successful performance in postsecondary
employment or education and an articulated series of possible targeted interventions are
clearly identified and satisfy Minnesota's postsecondary admissions requirements. The
commissioner of education, in consultation with the chancellor of the Minnesota State
Colleges and Universities, shall identify the minimum score guidelines on the high
school reading, writing, and mathematics Minnesota Comprehensive Assessments that
demonstrate readiness for:

(1) a certificate level program;

(2) a two-year college program; and

(3) a four-year college program.

(f) (k) For students in grade 8 in the 2012-2013 school year and later, a school,
district, or charter school must record on the high school transcript a student's progress
toward career and college readiness, and for other students as soon as practicable.

(g) (l) The school board granting students their diplomas may formally decide to
include a notation of high achievement on the high school diplomas of those graduating
seniors who, according to established school board criteria, demonstrate exemplary
academic achievement during high school.

(h) (m) The 3rd through 7th 8th grade computer-adaptive assessment results and grade
8
and high school 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 establish empirically derived benchmarks on
adaptive assessments in grades 3 through 7 8 that reveal a trajectory toward career and
college readiness. The commissioner must disseminate to the public the computer-adaptive
assessments, grade 8, and high school test results upon receiving those results.

(i) (n) The grades 3 through 7 8 computer-adaptive assessments and grade 8 and
high school tests must be aligned with state academic standards. The commissioner shall
determine the testing process and the order of administration. The statewide results shall
be aggregated at the site and district level, consistent with subdivision 1a.

(j) (o) The commissioner shall include the following components in the statewide
public reporting system:

(1) uniform statewide computer-adaptive assessments of all students in grades 3
through 7 8 and testing at the grade 8 and high school levels that provides appropriate,
technically sound accommodations or alternate assessments;

(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.

(k) (p) For purposes of statewide accountability, "career and college ready" means a
high school graduate has the knowledge, skills, and competencies to successfully pursue a
career pathway, including postsecondary credit leading to a degree, diploma, certificate, or
industry-recognized credential and employment. Students who are career and college ready
are able to successfully complete credit-bearing coursework at a two- or four-year college
or university or other credit-bearing postsecondary program without need for remediation.

(l) (q) For purposes of statewide accountability, "cultural competence," "cultural
competency," or "culturally competent" means the ability and will to interact effectively
with people of different cultures, native languages, and socioeconomic backgrounds.

EFFECTIVE DATE.

This section is effective for the 2015-2016 school year and
later.

Sec. 8.

Minnesota Statutes 2014, section 120B.30, subdivision 1a, is amended to read:


Subd. 1a.

Statewide and local assessments; results.

(a) For purposes of this
section, the following definitions have the meanings given them.

(1) "Computer-adaptive assessments" means fully adaptive assessments.

(2) "Fully adaptive assessments" include test items that are on-grade level and items
that may be above or below a student's grade level.

(3) "On-grade level" test items contain subject area content that is aligned to state
academic standards for the grade level of the student taking the assessment.

(4) "Above-grade level" test items contain subject area content that is above the
grade level of the student taking the assessment and is considered aligned with state
academic standards to the extent it is aligned with content represented in state academic
standards above the grade level of the student taking the assessment. Notwithstanding
the student's grade level, administering above-grade level test items to a student does not
violate the requirement that state assessments must be aligned with state standards.

(5) "Below-grade level" test items contain subject area content that is below the
grade level of the student taking the test and is considered aligned with state academic
standards to the extent it is aligned with content represented in state academic standards
below the student's current grade level. Notwithstanding the student's grade level,
administering below-grade level test items to a student does not violate the requirement
that state assessments must be aligned with state standards.

(b) The commissioner must use fully adaptive mathematics and reading assessments
for grades 3 through 7 beginning in the 2015-2016 school year and later 8.

(c) For purposes of conforming with existing federal educational accountability
requirements, the commissioner must develop and implement computer-adaptive reading
and mathematics assessments for grades 3 through 7 8, state-developed grade 8 and high
school reading, writing, and mathematics tests aligned with state academic standards, and
science assessments under clause (2) 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 computer-adaptive reading and mathematics assessments in grades 3
through 7 8, and grade 8 and high school reading, writing, and mathematics tests; and

(2) annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through 8 span, and a life sciences assessment in the grades 9 through 12 span,
and the commissioner must not require students to achieve a passing score on high school
science assessments as a condition of receiving a high school diploma.

(d) The commissioner must ensure that for annual computer-adaptive assessments:

(1) individual student performance data and achievement reports are available
within three school days of when students take an assessment except in a year when an
assessment reflects new performance standards;

(2) growth information is available for each student from the student's first
assessment to each proximate assessment using a constant measurement scale;

(3) parents, teachers, and school administrators are able to use elementary and
middle school student performance data to project students' secondary and postsecondary
achievement; and

(4) useful diagnostic information about areas of students' academic strengths and
weaknesses is available to teachers and school administrators for improving student
instruction and indicating the specific skills and concepts that should be introduced and
developed for students at given performance levels, organized by strands within subject
areas, and aligned to state academic standards.

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

(f) Reporting of state assessment results must:

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

(2) include a growth indicator of student achievement; and

(3) determine whether students have met the state's academic standards.

(g) Consistent with applicable federal law, 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 English learners.

(h) A school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
progress toward career and college readiness in the context of the state's 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.

EFFECTIVE DATE.

This section is effective for the 2016-2017 school year and
later.

Sec. 9. APPROPRIATIONS.

Subdivision 1.

Department.

The sums indicated in this section are appropriated
from the general fund to the Department of Education for the fiscal years designated.

Subd. 2.

Statewide testing and reporting system.

For the statewide testing and
reporting system under Minnesota Statutes, section 120B.30:

$
11,176,000
.....
2016
$
10,864,000
.....
2017

Any balance in the first year does not cancel but is available in the second year.

Subd. 3.

ACT test reimbursement.

To reimburse districts for students who qualify
under Minnesota Statutes, section 120B.30, subdivision 1, paragraph (e), for onetime
payment of their ACT examination fee:

$
1,750,000
.....
2016
$
1,750,000
.....
2017

The Department of Education must reimburse districts for their onetime payments
on behalf of students eligible for a meal benefit who take the college entrance exam in
grade 11 or 12.

Any balance in the first year does not cancel but is available in the second year.

Sec. 10. REPEALER.

Minnesota Statutes 2014, section 120B.128, is repealed.

ARTICLE 4

CHARTER SCHOOLS

Section 1.

Minnesota Statutes 2014, section 123B.88, is amended by adding a
subdivision to read:


Subd. 10a.

Nonresident charter school pupil transportation.

If a school district is
providing transportation for a charter school under section 124D.10, subdivision 16, the
school district must allow a nonresident pupil attending the charter school to be transported
on a district-operated or contracted route from any scheduled stop to any other scheduled
stop on that route. The district providing the pupil transportation services may charge a
fee to the nonresident pupil. The fee for each nonresident pupil must not exceed the lesser
of 15 cents per mile or the district's actual cost of transportation per mile traveled.

EFFECTIVE DATE.

This section is effective July 1, 2015.

Sec. 2.

Minnesota Statutes 2014, section 124D.10, subdivision 1, is amended to read:


Subdivision 1.

Purposes.

(a) The primary purpose of this section is to improve all
pupil learning and all student achievement. Additional purposes include to:

(1) increase learning opportunities for all pupils;

(2) encourage the use of different and innovative teaching methods;

(3) measure learning outcomes and create different and innovative forms of
measuring outcomes;

(4) establish new forms of accountability for schools; or

(5) create new professional opportunities for teachers, including the opportunity to
be responsible for the learning program at the school site.

(b) This section does not provide a means to keep open a school that a school board
decides to close. However, a school board may endorse or authorize the establishing of
a charter school to replace the school the board decided to close. Applicants seeking a
charter under this circumstance must demonstrate to the authorizer that the charter sought
is substantially different in purpose and program from the school the board closed and
that the proposed charter satisfies the requirements of this subdivision. If the school
board that closed the school authorizes the charter, it must document in its affidavit to the
commissioner that the charter is substantially different in program and purpose from
the school it closed.

(c) An authorizer shall not approve an application submitted by a charter school
developer under subdivision 4, paragraph (a), if the application does not comply with this
subdivision. The commissioner shall not approve an affidavit submitted by an authorizer
under subdivision 4, paragraph (b), if the affidavit does not comply with this subdivision.

Sec. 3.

Minnesota Statutes 2014, section 124D.10, subdivision 3, is amended to read:


Subd. 3.

Authorizer.

(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.

"Application" to receive approval as an authorizer means the proposal an eligible
authorizer submits to the commissioner under paragraph (c) (d) before that authorizer is
able to submit any affidavit to charter to a school.

"Application" under subdivision 4 means the charter school business plan a
school developer submits to an authorizer for approval to establish a charter school that
documents the school developer's mission statement, school purposes, program design,
financial plan, governance and management structure, and background and experience,
plus any other information the authorizer requests. The application also shall include a
"statement of assurances" of legal compliance prescribed by the commissioner.

"Affidavit" means a written statement the authorizer submits to the commissioner
for approval to establish a charter school under subdivision 4 attesting to its review and
approval process before chartering a school.

(b) The following organizations may authorize one or more charter schools:

(1) a school board, intermediate school district school board, or education district
organized under sections 123A.15 to 123A.19;

(2) a charitable organization under section 501(c)(3) of the Internal Revenue Code
of 1986, excluding a nonpublic sectarian or religious institution; any person other than a
natural person that directly or indirectly, through one or more intermediaries, controls,
is controlled by, or is under common control with the nonpublic sectarian or religious
institution; and any other charitable organization under this clause that in the federal IRS
Form 1023, Part IV, describes activities indicating a religious purpose, that:

(i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on
Foundations;

(ii) is registered with the attorney general's office; and

(iii) is incorporated in the state of Minnesota and has been operating continuously
for at least five years but does not operate a charter school;

(3) a Minnesota private college, notwithstanding clause (2), that grants two- or
four-year degrees and is registered with the Minnesota Office of Higher Education under
chapter 136A; community college, state university, or technical college governed by the
Board of Trustees of the Minnesota State Colleges and Universities; or the University
of Minnesota;

(4) a nonprofit corporation subject to chapter 317A, described in section 317A.905,
and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code
of 1986, may authorize one or more charter schools if the charter school has operated
for at least three years under a different authorizer and if the nonprofit corporation has
existed for at least 25 years; or

(5) single-purpose authorizers formed as charitable, nonsectarian organizations
under section 501(c)(3) of the Internal Revenue Code of 1986 and incorporated in the state
of Minnesota under chapter 317A as a corporation with no members or under section
322B.975 as a nonprofit limited liability company for the sole purpose of chartering schools.

(c) Eligible organizations interested in being approved as an authorizer under this
paragraph must submit a proposal to the commissioner that includes the provisions
of paragraph (c) (d) and a five-year financial plan. Such authorizers shall consider and
approve charter school applications using the criteria provided in subdivision 4 and shall
not limit the applications it solicits, considers, or approves to any single curriculum,
learning program, or method.

(c) (d) An eligible authorizer under this subdivision must apply to the commissioner
for approval as an authorizer before submitting any affidavit to the commissioner to charter
a school. The application for approval as a charter school authorizer must demonstrate
the applicant's ability to implement the procedures and satisfy the criteria for chartering a
school under this section. The commissioner must approve or disapprove an application
within 45 business days of the application deadline. If the commissioner disapproves
the application, the commissioner must notify the applicant of the specific deficiencies
in writing and the applicant then has 20 business days to address the deficiencies to the
commissioner's satisfaction. After the 20 business days expire, the commissioner has 15
business days to make a final decision to approve or disapprove the application. Failing to
address the deficiencies to the commissioner's satisfaction makes an applicant ineligible to
be an authorizer. The commissioner, in establishing criteria for approval, must consider
the applicant's:

(1) capacity and infrastructure;

(2) application criteria and process;

(3) contracting process;

(4) ongoing oversight and evaluation processes; and

(5) renewal criteria and processes.

(d) (e) An applicant must include in its application to the commissioner to be an
approved authorizer at least the following:

(1) how chartering schools is a way for the organization to carry out its mission;

(2) a description of the capacity of the organization to serve as an authorizer,
including the personnel who will perform the authorizing duties, their qualifications, the
amount of time they will be assigned to this responsibility, and the financial resources
allocated by the organization to this responsibility;

(3) a description of the application and review process the authorizer will use to
make decisions regarding the granting of charters;

(4) a description of the type of contract it will arrange with the schools it charters
that meets the provisions of subdivision 6;

(5) the process to be used for providing ongoing oversight of the school consistent
with the contract expectations specified in clause (4) that assures that the schools chartered
are complying with both the provisions of applicable law and rules, and with the contract;

(6) a description of the criteria and process the authorizer will use to grant expanded
applications under subdivision 4, paragraph (j) (s);

(7) the process for making decisions regarding the renewal or termination of
the school's charter based on evidence that demonstrates the academic, organizational,
and financial competency of the school, including its success in increasing student
achievement and meeting the goals of the charter school agreement; and

(8) an assurance specifying that the organization is committed to serving as an
authorizer for the full five-year term.

(e) (f) A disapproved applicant under this section may resubmit an application
during a future application period.

(f) (g) If the governing board of an approved authorizer votes to withdraw as
an approved authorizer for a reason unrelated to any cause under subdivision 23, the
authorizer must notify all its chartered schools and the commissioner in writing by July 15
of its intent to withdraw as an authorizer on June 30 in the next calendar year, regardless
of when the authorizer's five-year term of approval ends
. The commissioner may approve
the transfer of a charter school to a new authorizer under this paragraph after the new
authorizer submits an affidavit to the commissioner.

(g) (h) The authorizer must participate in department-approved training.

(h) (i) The commissioner shall review an authorizer's performance every five years
in a manner and form determined by the commissioner and may review an authorizer's
performance more frequently at the commissioner's own initiative or at the request of a
charter school operator, charter school board member, or other interested party. The
commissioner, after completing the review, shall transmit a report with findings to the
authorizer.

(j) If, consistent with this section, the commissioner finds that an authorizer has not
fulfilled the requirements of this section, the commissioner may subject the authorizer
to corrective action, which may include terminating the contract with the charter school
board of directors of a school it chartered. The commissioner must notify the authorizer
in writing of any findings that may subject the authorizer to corrective action and
the authorizer then has 15 business days to request an informal hearing before the
commissioner takes corrective action. If the commissioner terminates a contract between
an authorizer and a charter school under this paragraph, the commissioner may assist the
charter school in acquiring a new authorizer.

(i) (k) The commissioner may at any time take corrective action against an
authorizer, including terminating an authorizer's ability to charter a school for:

(1) failing to demonstrate the criteria under paragraph (c) (d) under which the
commissioner approved the authorizer;

(2) violating a term of the chartering contract between the authorizer and the charter
school board of directors;

(3) unsatisfactory performance as an approved authorizer; or

(4) any good cause shown that provides the commissioner a legally sufficient reason
to take corrective action against an authorizer.

Sec. 4.

Minnesota Statutes 2014, section 124D.10, subdivision 4, is amended to read:


Subd. 4.

Formation of school.

(a) An authorizer, after receiving an application from
a school developer, may charter a licensed teacher under section 122A.18, subdivision
1
, or a group of individuals that includes one or more licensed teachers under section
122A.18, subdivision 1, to operate a school subject to the commissioner's approval of the
authorizer's affidavit under paragraph (b) (d).

(b) The school must be organized and operated as a nonprofit corporation under
chapter 317A and the provisions under the applicable chapter shall apply to the school
except as provided in this section.

(c) Notwithstanding sections 465.717 and 465.719, a school district, subject to this
section and section 124D.11, may create a corporation for the purpose of establishing a
charter school.

(b) (d) Before the operators may establish and operate a school, the authorizer must
file an affidavit with the commissioner stating its intent to charter a school. An authorizer
must file a separate affidavit for each school it intends to charter. An authorizer must file
an affidavit by May 1 to be able to charter a new school in the next school year after the
commissioner approves the authorizer's affidavit
at least 14 months before July 1 of the
year the new charter school plans to serve students
. The affidavit must state the terms and
conditions under which the authorizer would charter a school and how the authorizer
intends to oversee the fiscal and student performance of the charter school and to comply
with the terms of the written contract between the authorizer and the charter school
board of directors under subdivision 6. The commissioner must approve or disapprove
the authorizer's affidavit within 60 business days of receipt of the affidavit. If the
commissioner disapproves the affidavit, the commissioner shall notify the authorizer of
the deficiencies in the affidavit and the authorizer then has 20 business days to address the
deficiencies. The commissioner must notify the authorizer of final approval or disapproval
within 15 business days after receiving the authorizer's response to the deficiencies in the
affidavit. If the authorizer does not address deficiencies to the commissioner's satisfaction,
the commissioner's disapproval is final. Failure to obtain commissioner approval precludes
an authorizer from chartering the school that is the subject of this affidavit.

(c) (e) The authorizer may prevent an approved charter school from opening for
operation if, among other grounds, the charter school violates this section or does not meet
the ready-to-open standards that are part of the authorizer's oversight and evaluation
process or are stipulated in the charter school contract.

(d) (f) 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 nonprofit corporation under chapter 317A and .

(g) 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
establish a board of directors composed of at least five members who are not related parties
until a timely election for members of the ongoing charter school board of directors is
held according to the school's articles and bylaws under paragraph (f) (l). A charter school
board of directors must be composed of at least five members who are not related parties.

(h) Staff members employed at the school, including teachers providing instruction
under a contract with a cooperative, members of the board of directors, and all parents
or legal guardians of children enrolled in the school are the voters eligible to elect the
members of the school's board of directors. A charter school must notify eligible voters of
the school board election dates at least 30 days before the election.

(i) Board of director meetings must comply with chapter 13D.

(e) (j) A charter school shall publish and maintain on the school's official Web site:
(1) the minutes of meetings of the board of directors, and of members and committees
having any board-delegated authority, for at least one calendar year from the date
of publication; (2) directory information for members of the board of directors and
committees having board-delegated authority; and (3) identifying and contact information
for the school's authorizer. Identifying and contact information for the school's authorizer
must be included in other school materials made available to the public.

(k) Upon request of an individual, the charter school must also make available in
a timely fashion financial statements showing all operations and transactions affecting
income, surplus, and deficit during the school's last annual accounting period; and a
balance sheet summarizing assets and liabilities on the closing date of the accounting
period. A charter school also must include that same information about its authorizer in
other school materials that it makes available to the public.

(f) (l) Every charter school board member shall attend annual training throughout
the member's term on the board. All new board members shall attend initial training on
the board's role and responsibilities, employment policies and practices, and financial
management. A new board member who does not begin the required initial training within
six months after being seated and complete that training within 12 months of being seated
on the board is automatically ineligible to continue to serve as a board member. The
school shall include in its annual report the training attended by each board member
during the previous year.

(g) (m) The ongoing board must be elected before the school completes its third
year of operation. Board elections must be held during the school year but may not be
conducted on days when the school is closed for holidays, breaks, or vacations.

(n) The charter school board of directors shall be composed of at least five nonrelated
members and include: (i) at least one licensed teacher employed as a teacher at the school
or providing instruction under contract between the charter school and a cooperative; (ii)
at least one parent or legal guardian of a student enrolled in the charter school who is not
an employee of the charter school; and (iii) at least one interested community member
who resides in Minnesota and is not employed by the charter school and does not have a
child enrolled in the school. The board may include a majority of teachers described in
this paragraph or parents or community members, or it may have no clear majority. The
chief financial officer and the chief administrator may only serve as ex-officio nonvoting
board members. No charter school employees shall serve on the board other than teachers
under item (i). Contractors providing facilities, goods, or services to a charter school shall
not serve on the board of directors of the charter school.

(o) Board bylaws shall outline the process and procedures for changing the board's
governance structure, consistent with chapter 317A. A board may change its governance
structure only:

(1) by a majority vote of the board of directors and a majority vote of the licensed
teachers employed by the school as teachers, including licensed teachers providing
instruction under a contract between the school and a cooperative; and

(2) with the authorizer's approval.

Any change in board governance structure must conform with the composition of
the board established under this paragraph.

(h) (p) The granting or renewal of a charter by an authorizer must not be conditioned
upon the bargaining unit status of the employees of the school.

(i) (q) The granting or renewal of a charter school by an authorizer must not be
contingent on the charter school being required to contract, lease, or purchase services
from the authorizer.

(r) Any potential contract, lease, or purchase of service from an authorizer must
be disclosed to the commissioner, accepted through an open bidding process, and be a
separate contract from the charter contract. The school must document the open bidding
process. An authorizer must not enter into a contract to provide management and financial
services for a school that it authorizes, unless the school documents that it received at
least two competitive bids.

(j) (s) A charter school may apply to the authorizer to amend the school charter to
expand the operation of the school to additional grades or sites that would be students'
primary enrollment site beyond those defined in the original affidavit approved by the
commissioner. After approving the school's application, the authorizer shall submit a
supplementary affidavit in the form and manner prescribed by the commissioner. The
authorizer must file a supplement affidavit by October 1 to be eligible to expand in the next
school year. The supplementary affidavit must document that the school has demonstrated
to the satisfaction of the authorizer the following:

(1) the need for the expansion with supporting long-range enrollment projections;

(2) a longitudinal record of demonstrated student academic performance and growth
on statewide assessments under chapter 120B or on other academic assessments that
measure longitudinal student performance and growth approved by the charter school's
board of directors and agreed upon with the authorizer;

(3) a history of sound school finances and a finance plan to implement the expansion
in a manner to promote the school's financial sustainability; and

(4) board capacity and an administrative and management plan to implement its
expansion.

(k) (t) The commissioner shall have 30 business days to review and comment on the
supplemental affidavit. The commissioner shall notify the authorizer in writing of any
deficiencies in the supplemental affidavit and the authorizer then has 20 business days to
address, to the commissioner's satisfaction, any deficiencies in the supplemental affidavit.
The commissioner must notify the authorizer of final approval or disapproval within 15
business days after receiving the authorizer's response to the deficiencies in the affidavit.
The school may not expand grades or add sites until the commissioner has approved the
supplemental affidavit. The commissioner's approval or disapproval of a supplemental
affidavit is final.

Sec. 5.

Minnesota Statutes 2014, section 124D.10, subdivision 8, is amended to read:


Subd. 8.

Federal, state, and local requirements.

(a) A charter school shall meet all
federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing
standards and assessments in chapter 120B.

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

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

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

(e) (f) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled. This paragraph does not
apply to shared time aid under section 126C.19.

(f) (g) 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 older than 18 years of age. A charter school
may offer a free or fee-based preschool or prekindergarten that meets high-quality early
learning instructional program standards that are aligned with Minnesota's early learning
standards for children. The hours a student is enrolled in a fee-based prekindergarten
program do not generate pupil units under section 126C.05 and must not be used to
calculate general education revenue under section 126C.10. A charter school with at least
90 percent of enrolled students who are eligible for special education services and have
a primary disability of deaf or hard-of-hearing may enroll prekindergarten pupils with a
disability under section 126C.05, subdivision 1, paragraph (a), and must comply with the
federal Individuals with Disabilities Education Act under Code of Federal Regulations,
title 34, section 300.324, subsection (2), clause (iv).

(g) (h) Except as provided in paragraph (g), a charter school may not charge tuition.

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

(i) (j) Once a student is enrolled in the school, the student is considered enrolled
in the school until the student formally withdraws or is expelled under the Pupil Fair
Dismissal Act in sections 121A.40 to 121A.56. A charter school is subject to and must
comply with the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56 , and .

(k) A charter school is subject to and must comply with the Minnesota Public School
Fee Law, sections 123B.34 to 123B.39.

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

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

(l) (n) A charter school must comply with chapters 13 and 13D; and sections
120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.

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

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

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

(p) (r) A charter school must comply with section 120A.22, subdivision 7, governing
the transfer of students' educational records and sections 138.163 and 138.17 governing
the management of local records.

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

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

(s) (u) A charter school is subject to and must comply with continuing truant
notification under section 260A.03.

(t) (v) A charter school must develop and implement a teacher evaluation and
peer review process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to
(13). The teacher evaluation process in this paragraph does not create any additional
employment rights for teachers.

(u) (w) A charter school must adopt a policy, plan, budget, and process, consistent
with section 120B.11, to review curriculum, instruction, and student achievement and
strive for the world's best workforce.

(v) (x) A charter school must comply with section 121A.031 governing policies on
prohibited conduct.

(w) (y) A charter school must comply with all pupil transportation requirements in
section 123B.88, subdivision 1. A charter school must not require parents to surrender
their rights to pupil transportation under section 123B.88, subdivision 2.

Sec. 6.

Minnesota Statutes 2014, section 124D.10, subdivision 9, is amended to read:


Subd. 9.

Admission requirements.

(a) A charter school may limit admission to:

(1) pupils within an age group or grade level;

(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or

(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.

(b) A charter school shall enroll an eligible pupil who submits a timely application,
unless the number of applications exceeds the capacity of a program, class, grade level, or
building. In this case, pupils must be accepted by lot. The charter school must develop
and publish, including on its Web site, a lottery policy and process that it must use when
accepting pupils by lot.

(c) A charter school shall give enrollment preference to a sibling of an enrolled pupil
and to a foster child of that pupil's parents and may give preference for enrolling children
of the school's staff before accepting other pupils by lot. A charter school that is located in
Duluth township in St. Louis County and admits students in kindergarten through grade
6 must give enrollment preference to students residing within a five-mile radius of the
school and to the siblings of enrolled children. A If a charter school has a preschool or
prekindergarten program under subdivision 8, paragraph (g), that is free to all participants,
the
charter school may give enrollment preference to children currently enrolled in the
school's free preschool or prekindergarten program under subdivision 8, paragraph (f),
who are eligible to enroll in kindergarten in the next school year.

(d) A person shall not be admitted to a charter school (1) as a kindergarten pupil,
unless the pupil is at least five years of age on September 1 of the calendar year in which
the school year for which the pupil seeks admission commences; or (2) as a first grade
student, unless the pupil is at least six years of age on September 1 of the calendar year in
which the school year for which the pupil seeks admission commences or has completed
kindergarten; except that a charter school may establish and publish on its Web site a
policy for admission of selected pupils at an earlier age, consistent with the enrollment
process in paragraphs (b) and (c).

(e) Except as permitted in paragraph (d), a charter school may not limit admission
to pupils on the basis of intellectual ability, measures of achievement or aptitude, or
athletic ability and may not establish any criteria or requirements for admission that are
inconsistent with this subdivision.

(f) The charter school shall not distribute any services or goods of value to students,
parents, or guardians as an inducement, term, or condition of enrolling a student in a
charter school.

EFFECTIVE DATE.

This section is effective for the 2015-2016 school year and
later.

Sec. 7.

Minnesota Statutes 2014, section 124D.10, subdivision 12, is amended to read:


Subd. 12.

Pupils with a disability.

A charter school must comply with sections
125A.02, 125A.03 to 125A.24, and 125A.65, and 125A.75 and rules relating to the
education of pupils with a disability as though it were a district. A charter school enrolling
prekindergarten pupils with a disability under subdivision 8, paragraph (g), must comply
with sections 125A.259 to 125A.48 and rules relating to the Interagency Early Intervention
System as though it were a school district.

EFFECTIVE DATE.

This section is effective for fiscal year 2016 and later.

Sec. 8.

Minnesota Statutes 2014, section 124D.10, subdivision 14, is amended to read:


Subd. 14.

Annual public reports.

(a) A charter school must publish an annual
report approved by the board of directors. The annual report must at least include
information on school enrollment, student attrition, governance and management, staffing,
finances, academic performance, innovative practices and implementation, and future
plans. A charter school may combine this report with the reporting required under section
120B.11.
A charter school must post the annual report on the school's official Web site. A
charter school must also distribute the annual report by publication, mail, or electronic
means to its authorizer, school employees, and parents and legal guardians of students
enrolled in the charter school. The reports are public data under chapter 13.

(b) The commissioner shall establish specifications for an authorizer's annual public
report that is part of the system to evaluate authorizer performance under subdivision
3, paragraph (h). The report shall at least include key indicators of school academic,
operational, and financial performance.

Sec. 9.

Minnesota Statutes 2014, section 124D.10, subdivision 16, is amended to read:


Subd. 16.

Transportation.

(a) A charter school after its first fiscal year of operation
by March 1 of each fiscal year and a charter school by July 1 of its first fiscal year of
operation must notify the district in which the school is located and the Department of
Education if it will provide its own transportation or use the transportation services of the
district in which it is located for the fiscal year.

(b) If a charter school elects to provide transportation for pupils, the transportation
must be provided by the charter school within the district in which the charter school is
located. The state must pay transportation aid to the charter school according to section
124D.11, subdivision 2.

For pupils who reside outside the district in which the charter school is located, the
charter school is not required to provide or pay for transportation between the pupil's
residence and the border of the district in which the charter school is located. A parent
may be reimbursed by the charter school for costs of transportation from the pupil's
residence to the border of the district in which the charter school is located if the pupil is
from a family whose income is at or below the poverty level, as determined by the federal
government. The reimbursement may not exceed the pupil's actual cost of transportation
or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for
more than 250 miles per week.

At the time a pupil enrolls in a charter school, the charter school must provide the
parent or guardian with information regarding the transportation.

(c) If a charter school does not elect to provide transportation, transportation for
pupils enrolled at the school must be provided by the district in which the school is located,
according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil
residing in the same district in which the charter school is located. Transportation may
be provided by the district in which the school is located, according to sections 123B.88,
subdivision 6
, and 124D.03, subdivision 8, for a pupil residing in a different district and
must be provided according to section 123B.88, subdivision 10a
. If the district provides the
transportation, the scheduling of routes, manner and method of transportation, control and
discipline of the pupils, and any other matter relating to the transportation of pupils under
this paragraph shall be within the sole discretion, control, and management of the district.

EFFECTIVE DATE.

This section is effective July 1, 2015.

Sec. 10.

Minnesota Statutes 2014, 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 an authorizer must be for the term contained in the
contract according to subdivision 6. The authorizer may or may not renew a contract at
the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally
terminate a contract during the term of the contract for any ground listed in paragraph (b).
At least 60 business days before not renewing or terminating a contract, the authorizer
shall notify the board of directors of the charter school of the proposed action in writing.
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
authorizer within 15 business days of receiving notice of nonrenewal or termination of
the contract. Failure by the board of directors to make a written request for an informal
hearing within the 15-business-day period shall be treated as acquiescence to the proposed
action. Upon receiving a timely written request for a hearing, the authorizer shall give ten
business days' notice to the charter school's board of directors of the hearing date. The
authorizer shall conduct an informal hearing before taking final action. The authorizer
shall take final action to renew or not renew a contract no later than 20 business days
before the proposed date for terminating the contract or the end date of the contract.

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

(1) failure to demonstrate satisfactory academic achievement for all students,
including 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 317A.

(c) If the authorizer and the charter school board of directors mutually agree not to
renew the contract, a change in authorizers is allowed. The authorizer and the school
board must jointly submit a written and signed letter of their intent to the commissioner
to mutually not renew the contract. The authorizer that is a party to the existing contract
must inform the proposed authorizer about the fiscal, operational, and student performance
status of the school, as well as any outstanding contractual obligations that exist. The
charter contract between the proposed authorizer and the school must identify and provide
a plan to address any outstanding obligations from the previous contract. The proposed
contract must be submitted at least 105 business days before the end of the existing
charter contract. The commissioner shall have 30 business days to review and make a
determination. The proposed authorizer and the school shall have 15 business days to
respond to the determination and address any issues identified by the commissioner. A
final determination by the commissioner shall be made no later than 45 business days
before the end of the current charter contract. If no change in authorizer is approved, the
school and the current authorizer may withdraw their letter of nonrenewal and enter into a
new contract. If the transfer of authorizers is not approved and the current authorizer and
the school do not withdraw their letter and enter into a new contract, 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 authorizer, and after providing an opportunity for a public
hearing, may terminate the existing contract between the authorizer and the charter school
board if the charter school has a history of:

(1) failure to meet pupil performance requirements consistent with state law;

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

(3) repeated or major violations of the law.

(e) Notwithstanding other provisions of this subdivision, the authorizer of a charter
school may terminate an existing contract between the authorizer and the charter school at
the end of the current school year, after notifying the charter school board of directors by
December 1, if in each of the previous three consecutive school years the performance of
the charter school based on federal school accountability measures and on state measures
of student performance and growth would place the school in the bottom ten percent of all
public schools as determined by the commissioner. If an authorizer chooses to terminate
the contract, the school must be closed according to applicable law and the terms of the
contract. The authorizer must work with the charter school's board of directors to ensure
parents of children currently enrolled at the school are aware of school choice options
and receive assistance in selecting an appropriate choice for their children for the next
school year. If the authorizer chooses not to terminate the existing contract under these
conditions, the authorizer must submit a public, written justification of its decision to the
commissioner by December 1. The federal and state measures identified in this paragraph
do not prevent an authorizer from closing schools under other conditions, consistent with
applicable law and contract terms.

Sec. 11.

Minnesota Statutes 2014, section 124D.10, is amended by adding a
subdivision to read:


Subd. 24a.

Merger.

(a) Two or more charter schools may merge under chapter
317A. The effective date of a merger must be July 1. The merged school must continue
under the identity of one of the merging schools. A new charter contract under subdivision
6 must be executed by July 1. The authorizer must submit to the commissioner a copy of
the new signed charter contract within ten business days of its execution.

(b) Each merging school must submit a separate year-end report for the previous year
for that school only. After the final fiscal year of the premerger schools is closed out, the
fund balances and debts from the merging schools must be transferred to the merged school.

(c) For its first year of operation, the merged school is eligible to receive aid from
programs requiring approved applications equal to the sum of the aid of all of the merging
schools. For aids based on prior year data, the merged school is eligible to receive aid for
its first year of operation based on the combined data of all of the merging schools.

Sec. 12.

Minnesota Statutes 2014, section 124D.11, subdivision 9, is amended to read:


Subd. 9.

Payment of aids to charter schools.

(a) Notwithstanding section
127A.45, subdivision 3, if the current year aid payment percentage under section
127A.45, subdivision 2, paragraph (d), is 90 or greater, aid payments for the current
fiscal year to a charter school shall be of an equal amount on each of the 24 payment
dates. Notwithstanding section 127A.45, subdivision 3, if the current year aid payment
percentage under section 127A.45, subdivision 2, paragraph (d), is less than 90, aid
payments for the current fiscal year to a charter school shall be of an equal amount on
each of the 16 payment dates in July through February.

(b) Notwithstanding paragraph (a) and section 127A.45, for a charter school ceasing
operation on or prior to June 30 of a school year, for the payment periods occurring after
the school ceases serving students, the commissioner shall withhold the estimated state aid
owed the school. The charter school board of directors and authorizer must submit to the
commissioner a closure plan under chapter 308A or 317A, and financial information about
the school's liabilities and assets. After receiving the closure plan, financial information,
an audit of pupil counts, documentation of lease expenditures, and monitoring of special
education expenditures, the commissioner may release cash withheld and may continue
regular payments up to the current year payment percentages if further amounts are
owed. If, based on audits and monitoring, the school received state aid in excess of the
amount owed, the commissioner shall retain aid withheld sufficient to eliminate the aid
overpayment. For a charter school ceasing operations prior to, or at the end of, a school
year, notwithstanding section 127A.45, subdivision 3, preliminary final payments may
be made after receiving the closure plan, audit of pupil counts, monitoring of special
education expenditures, documentation of lease expenditures, and school submission of
Uniform Financial Accounting and Reporting Standards (UFARS) financial data for the
final year of operation. Final payment may be made upon receipt of audited financial
statements under section 123B.77, subdivision 3.

(c) If a charter school fails to comply with the commissioner's directive to return,
for cause, federal or state funds administered by the department, the commissioner may
withhold an amount of state aid sufficient to satisfy the directive.

(d) If, within the timeline under section 471.425, a charter school fails to pay the state
of Minnesota, a school district, intermediate school district, or service cooperative after
receiving an undisputed invoice for goods and services, the commissioner may withhold
an amount of state aid sufficient to satisfy the claim and shall distribute the withheld
aid to the interested state agency, school district, intermediate school district, or service
cooperative. An interested state agency, school district, intermediate school district, or
education cooperative shall notify the commissioner when a charter school fails to pay an
undisputed invoice within 75 business days of when it received the original invoice.

(e) Notwithstanding section 127A.45, subdivision 3, and paragraph (a), 80 percent
of the start-up cost aid under subdivision 8 shall be paid within 45 days after the first day
of student attendance for that school year.

(f) (e) In order to receive state aid payments under this subdivision, a charter school
in its first three years of operation must submit a school calendar in the form and manner
requested by the department and a quarterly report to the Department of Education. The
report must list each student by grade, show the student's start and end dates, if any,
with the charter school, and for any student participating in a learning year program,
the report must list the hours and times of learning year activities. The report must be
submitted not more than two weeks after the end of the calendar quarter to the department.
The department must develop a Web-based reporting form for charter schools to use
when submitting enrollment reports. A charter school in its fourth and subsequent year of
operation must submit a school calendar and enrollment information to the department in
the form and manner requested by the department.

(g) (f) Notwithstanding sections 317A.701 to 317A.791, upon closure of a charter
school and satisfaction of creditors, cash and investment balances remaining shall be
returned to the state.

(h) (g) A charter school must have a valid, signed contract under section 124D.10,
subdivision 6, on file at the Department of Education at least 15 days prior to the date of
first payment of state aid for the fiscal year.

(i) (h) State aid entitlements shall be computed for a charter school only for the
portion of a school year for which it has a valid, signed contract under section 124D.10,
subdivision 6.

Sec. 13. REVISOR'S INSTRUCTION.

The revisor of statutes shall renumber the provisions of Minnesota Statutes listed
in column A to the references listed in column B. The revisor of statutes may alter the
renumbering to incorporate statutory changes made during the 2015 regular legislative
session. The revisor shall also make necessary cross-reference changes in Minnesota
Statutes and Minnesota Rules consistent with the renumbering in this instruction and the
relettering of paragraphs in sections 1 to 12.

Column A
Column B
124D.10, subd. 1, paragraph (a)
124E.01, subd. 1
124D.10, subd. 1, paragraph (b)
124E.06, subd. 3, paragraph (d)
124D.10, subd. 1, paragraph (c)
124E.06, subd. 1, paragraph (b)
124D.10, subd. 2
124E.01, subd. 2
124D.10, subd. 3, paragraph (a)
124E.02, paragraph (a)
124D.10, subd. 3, paragraph (b)
124E.05, subd. 1
124D.10, subd. 3, paragraph (c)
124E.05, subd. 2, paragraph (a)
124D.10, subd. 3, paragraph (d)
124E.05, subd. 3, paragraph (a)
124D.10, subd. 3, paragraph (e)
124E.05, subd. 4
124D.10, subd. 3, paragraph (f)
124E.05, subd. 3, paragraph (b)
124D.10, subd. 3, paragraph (g)
124E.05, subd. 7
124D.10, subd. 3, paragraph (h)
124E.05, subd. 2, paragraph (b)
124D.10, subd. 3, paragraph (i)
124E.05, subd. 5
124D.10, subd. 3, paragraph (j)
124E.05, subd. 6, paragraph (a)
124D.10, subd. 3, paragraph (k)
124E.05, subd. 6, paragraph (b)
124D.10, subd. 4, paragraph (a)
124E.06, subd. 1, paragraph (a)
124D.10, subd. 4, paragraph (b)
124E.06, subd. 2, paragraph (a)
124D.10, subd. 4, paragraph (c)
124E.06, subd. 2, paragraph (c)
124D.10, subd. 4, paragraph (d)
124E.06, subd. 4
124D.10, subd. 4, paragraph (e)
124E.06, subd. 3, paragraph (g)
124D.10, subd. 4, paragraph (f)
124E.06, subd. 2, paragraph (b)
124D.10, subd. 4, paragraph (g)
124E.07, subd. 1
124D.10, subd. 4, paragraph (h)
124E.07, subd. 5
124D.10, subd. 4, paragraph (i)
124E.07, subd. 8, paragraph (a)
124D.10, subd. 4, paragraph (j)
124E.07, subd. 8, paragraph (b)
124D.10, subd. 4, paragraph (k)
124E.17, subd. 2
124D.10, subd. 4, paragraph (l)
124E.07, subd. 7
124D.10, subd. 4, paragraph (m)
124E.07, subd. 2
124D.10, subd. 4, paragraph (n)
124E.07, subd. 3, paragraph (a)
124D.10, subd. 4, paragraph (o)
124E.07, subd. 4
124D.10, subd. 4, paragraph (p)
124E.10, subd. 2, paragraph (c)
124D.10, subd. 4, paragraph (q)
124E.10, subd. 2, paragraph (b)
124D.10, subd. 4, paragraph (r)
124E.10, subd. 2, paragraph (a)
124D.10, subd. 4, paragraph (s)
124E.06, subd. 5, paragraph (a)
124D.10, subd. 4, paragraph (t)
124E.06, subd. 5, paragraph (b)
124D.10, subd. 4a, paragraph (a)
124E.07, subd. 3, paragraph (b)
124D.10, subd. 4a, paragraph (b)
124E.14, paragraph (a)
124D.10, subd. 4a, paragraph (c)
124E.07, subd. 3, paragraph (c)
124D.10, subd. 4a, paragraph (d)
124E.07, subd. 3, paragraph (d)
124D.10, subd. 4a, paragraph (e)
124E.14, paragraph (b)
124D.10, subd. 4a, paragraph (f)
124E.14, paragraph (c)
124D.10, subd. 5
124E.06, subd. 6
124D.10, subd. 6