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SF 11

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to education; clarifying and modifying requirements for supplemental
and full-time online learning providers; amending Minnesota Statutes 2008,
section 124D.095, subdivisions 3, 4, 7.

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

Section 1.

Minnesota Statutes 2008, section 124D.095, subdivision 3, is amended to
read:


Subd. 3.

Authorization; notice; limitations on enrollment.

(a) A student may
apply for full-time enrollment in an approved online learning program under section
124D.03, 124D.08 or 124D.10deleted text begin , or for supplemental online learningdeleted text end . Notwithstanding
sections 124D.03, 124D.08, and 124D.10, procedures for enrolling in new text begin supplemental new text end online
learning shall be as provided in this subdivision. A student age 17 or younger must
have the written consent of a parent or guardian to apply. No school district or charter
school may prohibit a student from applying to enroll in online learning. In order that a
student may enroll in online learning, the student and the student's parents must submit an
application to the online learning provider and identify the reason for enrolling in online
learning. The online learning provider that accepts a student under this section must within
ten days notify the student and the enrolling district in writing if the enrolling district is
not the online learning provider. The student and family must notify the online learning
provider of their intent to enroll in online learning within ten days of acceptance, at which
time the student and parent must sign a statement of assurance that they have reviewed the
online course or program and understand the expectations of online learning enrollment.
The online learning provider must notify the enrolling district of the student's deleted text begin enrollmentdeleted text end new text begin
application to enroll
new text end in online learning in writing on a form provided by the department.

(b) Supplemental online learning notification to the enrolling district upon student
deleted text begin enrollment indeleted text end new text begin application tonew text end the online learning deleted text begin programdeleted text end new text begin providernew text end will include the
courses or program, credits to be awarded, new text begin and new text end the start date of online enrollmentdeleted text begin ,
and confirmation that the courses will meet the student's graduation plan
deleted text end . new text begin An online
learning provider must make available to the enrolling district the course syllabus in a
format established by the commissioner that identifies the state standards met by the
course, content outline, assessment requirements, expectations for actual teacher contact
time, other student-to-teacher communication, and academic support for supplemental
online courses taken by students in the enrolling district. Within 15 days after the
online learning provider makes information in this paragraph available to the enrolling
district, the enrolling district must either confirm or deny to the online provider that
the student, parent or guardian, and enrolling district have agreed the courses meet the
enrolling district's graduation requirements. An online learning course or program that
meets or exceeds a graduation standard or grade progression requirements at the enrolling
district as demonstrated on the online provider's syllabus must be considered to meet the
corresponding graduation requirements of the student in the enrolling district.
new text end A student
may enroll in supplemental online learning courses up to the midpoint of the enrolling
district's term. The enrolling district may waive this requirement for special circumstances
and upon acceptance by the online provider.

(c) An online learning provider must notify the commissioner that it is delivering
online learning and report the number of online learning students it is accepting and the
online learning courses and programs it is delivering.

(d) An online learning provider may limit enrollment if the provider's school board
or board of directors adopts by resolution specific standards for accepting and rejecting
students' applications.

(e) An enrolling district may reduce an online learning student's regular classroom
instructional membership in proportion to the student's membership in online learning
courses.

new text begin (f) The online provider must report or make available individual student progress
and credit accumulation to the student, parent or guardian, and enrolling district in a
manner specified by the commissioner unless another manner is agreed upon by the
enrolling district and the online provider and submitted to the commissioner. The enrolling
district must designate a contact person to assist in the facilitation and monitoring of
student progress and credit accumulation towards graduation status.
new text end

Sec. 2.

Minnesota Statutes 2008, section 124D.095, subdivision 4, is amended to read:


Subd. 4.

Online learning parameters.

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

(b) An online learning student may:

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

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

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

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

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

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

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

Sec. 3.

Minnesota Statutes 2008, section 124D.095, subdivision 7, is amended to read:


Subd. 7.

Department of Education.

(a) The department must review and
certify online learning providers. The online learning courses and programs must be
rigorous, aligned with state academic standards, and contribute to grade progression
in a single subject. deleted text begin Online learning providers must demonstrate to the commissioner
that online learning courses have equivalent standards or instruction, curriculum, and
assessment requirements as other courses offered to enrolled students. The online
learning provider must also demonstrate expectations for actual teacher contact time
or other student-to-teacher communication
deleted text end new text begin The online provider must provide written
assurance that all courses meet state academic standards, and that the online learning
curriculum, instruction and assessment, expectations for actual teacher contact time or
other student-to-teacher communication, and academic support meet nationally recognized
professional standards and are demonstrated as such in a syllabus provided according to
the commissioner's requirements
new text end . Once an online learning provider is approved under
this paragraph, all of its online learning course offerings are eligible for payment under
this section unless a course is successfully challenged by an enrolling district or the
department under paragraph (b).

(b) An enrolling district may challenge the validity of a course offered by an online
learning provider. The department must review such challenges based on the certification
procedures under paragraph (a). The department may initiate its own review of the validity
of an online learning course offered by an online learning provider.

(c) The department may collect a fee not to exceed $250 for certifying online
learning providers or $50 per course for reviewing a challenge by an enrolling district.

(d) The department must develop, publish, and maintain a list of approved online
learning providers and online learning courses and programs that it has reviewed and
certified.