SF 162

as introduced - 89th Legislature (2015 - 2016) Posted on 08/14/2015 01:41pm

A bill for an act
relating to education; authorizing school boards to implement flexible learning
year programs without approval by the commissioner of education; amending
Minnesota Statutes 2014, sections 120A.41; 124D.121; 124D.122; 124D.126,
subdivision 1; 124D.127; repealing Minnesota Rules, part 3500.1000.

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

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 deleted text begin commissioner deleted text end new text begin board new text end under
section deleted text begin 124D.126 deleted text end new text begin 124D.122 new text end .

Sec. 2.

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 deleted text begin approved by the
commissioner deleted text end 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.

Sec. 3.

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 deleted text begin , with the approval of the
commissioner, deleted text end 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 deleted text begin application and deleted text end evaluation process, though results, public hearings, and
board approvals must be obtained for each district as required under appropriate sections.

Sec. 4.

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

Subdivision 1.

Powers and duties.

The commissioner must:

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

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

deleted text begin (3) deleted text end new text begin (2) new text end provide any necessary adjustments of (a) attendance and membership
computations and (b) the dates and percentages of apportionment of state aids; and

deleted text begin (4) deleted text end new text begin (3) new text end 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.

Sec. 5.

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

124D.127 TERMINATION OF FLEXIBLE LEARNING YEAR PROGRAM.

The board of any district deleted text begin , with the approval of the commissioner of education, deleted text end 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.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 3500.1000, new text end new text begin is repealed.
new text end