SF 1148

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; education excellence; special
programs; technology, facilities, and nutrition;
appropriating money; amending Minnesota Statutes 2004,
sections 13.321, by adding a subdivision; 120B.02;
120B.021, subdivision 1, by adding a subdivision;
120B.024; 120B.11, subdivisions 1, 2, 3, 4, 5, 8;
120B.13, subdivisions 1, 3; 120B.30, subdivisions 1,
1a, by adding a subdivision; 121A.06, subdivisions 2,
3; 121A.53; 121A.66, subdivision 5, by adding
subdivisions; 121A.67; 122A.06, subdivision 4;
122A.15, by adding a subdivision; 122A.18, subdivision
2a; 122A.40, subdivision 5; 122A.41, subdivisions 2,
5a, 14; 122A.413; 123A.24, subdivision 2; 123B.02, by
adding subdivisions; 123B.492; 123B.71, subdivision 9;
123B.92, subdivision 1; 124D.09, subdivision 12;
124D.095, subdivisions 2, 4, 8, by adding a
subdivision; 124D.10, subdivision 3; 124D.11,
subdivisions 1, 6; 124D.66, subdivision 3; 124D.74,
subdivision 1; 124D.81, subdivision 1; 124D.84,
subdivision 1; 125A.05; 125A.24; 125A.28; 125A.51;
126C.10, subdivision 1, by adding a subdivision;
126C.457; 128C.12, subdivisions 1, 3; 134.31, by
adding a subdivision; 179A.03, subdivision 14;
260C.201, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapters 120A; 120B; 121A;
122A; 123A; 124D; 125B; 127A; 129C; repealing
Minnesota Statutes 2004, sections 121A.23; 122A.414;
122A.415; 123B.749; 124D.095, subdivision 9; 128C.12,
subdivision 4.

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

ARTICLE 1

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2004, section 13.321, is
amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Teacher data from value-added assessment
model. new text end

new text begin Data on individual teachers generated from a value-added
assessment model are governed under section 120B.362.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

new text begin [120A.38] CLASSROOM PLACEMENT; PARENT
DISCRETION.
new text end

new text begin (a) A parent or guardian of twins or higher order multiples
may request that the children be placed in the same classroom or
in separate classrooms if the children are in the same grade
level at the same school. The school may recommend classroom
placement to the parents and provide professional education
advice to the parents to assist them in making the best decision
for their children's education. A school must provide the
placement requested by the children's parent or guardian, unless
the school board makes a classroom placement determination
following the school principal's request according to this
section. The parent or guardian must request the classroom
placement no later than 14 days after the first day of each
school year or 14 days after the first day of attendance of the
children during a school year if the children are enrolled in
the school after the school year commences. At the end of the
initial grading period, if the school principal, in consultation
with the children's classroom teacher, determines that the
requested classroom placement is disruptive to the school, the
school principal may request that the school board determine the
children's classroom placement.
new text end

new text begin (b) For purposes of this section, "higher order multiples"
means triplets, quadruplets, quintuplets, or more.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end

Sec. 3.

Minnesota Statutes 2004, section 120B.02, is
amended to read:

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

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

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

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

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

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

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

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

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

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

(e) School districts are not required to adopt specific
provisions of deleted text begin the Goals 2000 and deleted text end the federal School-to-Work
programs.

Sec. 4.

Minnesota Statutes 2004, section 120B.021,
subdivision 1, is amended to read:

Subdivision 1.

Required academic standards.

The
following subject areas are required for statewide
accountability:

(1) language arts;

(2) mathematics;

(3) science;

(4) social studies, including history, geography,
economics, and government and citizenship;

(5) health and physical education, for which locally
developed academic standards apply; and

(6) the arts, for which statewide or locally developed
academic standards apply, as determined by the school district.
Public elementary and middle schools must offer at least three
and require at least two of the following four arts areas:
dance; music; theater; and visual arts. Public high schools
must offer at least three and require at least one of the
following five arts areas: media arts; dance; music; theater;
and visual arts.

The commissioner must submit proposed standards in science
and social studies to the legislature by February 1, 2004.

For purposes of applicable federal law, the academic standards
for language arts, mathematics, and science apply to all public
school students, except the very few students with extreme
cognitive or physical impairments for whom an individualized
education plan team has determined that the required academic
standards are inappropriate. An individualized education plan
team that makes this determination must establish alternative
standards.

A school district, no later than the 2007-2008 school year,
must adopt graduation requirements that meet or exceed state
graduation requirements established in law or rule. A school
district that incorporates these state graduation requirements
before the 2007-2008 school year must provide students who enter
the 9th grade in or before the 2003-2004 school year the
opportunity to earn a diploma based on existing locally
established graduation requirements in effect when the students
entered the 9th grade. District efforts to develop, implement,
or improve instruction or curriculum as a result of the
provisions of this section must be consistent with sections
120B.10, 120B.11, and 120B.20.

new text begin At a minimum, school districts must maintain the same
physical education and health education requirements for
kindergarten through 8th grade students adopted for the
2004-2005 school year through the 2007-2008 school year. Before
a revision of the local health and physical education standards,
a school district must consult the grade-specific benchmarks
developed by the Department of Education's health and physical
education quality teaching network for the six national physical
education standards and the seven national health standards.
new text end

Sec. 5.

Minnesota Statutes 2004, section 120B.021, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Rigorous course of study; waiver. new text end

new text begin (a) Upon
receiving a student's application signed by the student's parent
or guardian, a school district, area learning center, or charter
school must declare that a student meets or exceeds a specific
academic standard required for graduation under this section if
the local school board, the school board of the school district
in which the area learning center is located, or the charter
school board of directors determines that the student:
new text end

new text begin (1) is participating in a course of study including an
advanced placement or international baccalaureate course or
program, a learning opportunity outside the curriculum of the
district, area learning center or charter school, or an approved
preparatory program for employment or postsecondary education
that is equally or more rigorous than the corresponding state or
local academic standard required by the district, area learning
center or charter school;
new text end

new text begin (2) would be precluded from participating in the rigorous
course of study, learning opportunity, or preparatory employment
or postsecondary education program if the student were required
to achieve the academic standard to be waived; and
new text end

new text begin (3) satisfactorily completes the requirements for the
rigorous course of study, learning opportunity or preparatory
employment or postsecondary education program.
new text end

new text begin Consistent with the requirements of this section, the local
school board, the school board of the school district in which
the area learning center is located, or the charter school board
of directors also may formally determine other circumstances in
which to declare that a student meets or exceeds a specific
academic standard that the site requires for graduation under
this section.
new text end

new text begin (b) A student who satisfactorily completes a postsecondary
enrollment options course or program under section 124D.09 is
not required to complete other requirements of the academic
standards corresponding to that specific rigorous course of
study.
new text end

Sec. 6.

Minnesota Statutes 2004, section 120B.024, is
amended to read:

120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.

Students beginning 9th grade in the 2004-2005 school year
and later must successfully complete the following high school
level course credits for graduation:

(1) four credits of language arts;

(2) three credits of mathematics, encompassing at least
deleted text begin algebra, geometry, statistics, and probability sufficient to
satisfy the academic standard; deleted text end new text begin the mathematical reasoning,
algebra, geometry, statistics, and probability identified in the
mathematics grades 9, 10, and 11 standards document;
new text end

(3) three credits of science, including at least one credit
in biology;

(4) three and one-half credits of social studies,
encompassing at least United States history, geography,
government and citizenship, world history, and economics or
three credits of social studies encompassing at least United
States history, geography, government and citizenship, and world
history, and one-half credit of economics taught in a school's
social studies or business department;

(5) one credit in the arts; deleted text begin and
deleted text end

(6) new text begin one-half credit in physical education and one-half
credit in health education; and
new text end

new text begin (7) new text end a minimum of deleted text begin seven deleted text end new text begin six new text end elective course credits.

A course credit is equivalent to a student successfully
completing an academic year of study or a student mastering the
applicable subject matter, as determined by the local school
district.

Sec. 7.

Minnesota Statutes 2004, section 120B.11,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of this
section and section 120B.10, the following terms have the
meanings given them.

(a) "Instruction" means methods of providing learning
experiences that deleted text begin enables deleted text end new text begin enable new text end a student to meet new text begin state and
district academic standards and new text end graduation
deleted text begin standards deleted text end new text begin requirements new text end .

(b) "Curriculum" means new text begin district or school adopted programs
and new text end written plans for providing students with learning
experiences that lead to new text begin expected new text end knowledge deleted text begin , deleted text end new text begin and new text end skills deleted text begin , and
positive attitudes deleted text end .

Sec. 8.

Minnesota Statutes 2004, section 120B.11,
subdivision 2, is amended to read:

Subd. 2.

Adopting policies.

(a) A school board shall
deleted text begin adopt annually a deleted text end new text begin have in place an adopted new text end written policy that
includes the following:

(1) district goals for instruction deleted text begin and deleted text end new text begin including the use of
best practices, district and school new text end curriculum new text begin , and achievement
for all student subgroups new text end ;

(2) a process for evaluating each student's progress toward
meeting deleted text begin graduation deleted text end new text begin academic new text end standards and identifying the
strengths and weaknesses of instruction and curriculum affecting
students' progress;

(3) a system for periodically reviewing new text begin and evaluating new text end all
instruction and curriculum;

(4) a plan for improving instruction deleted text begin and deleted text end new text begin , new text end curriculum new text begin , and
student achievement new text end ; and

(5) an deleted text begin instruction plan that includes deleted text end education
effectiveness deleted text begin processes developed under deleted text end new text begin plan aligned with
new text end section 122A.625 deleted text begin and deleted text end new text begin that new text end integrates instruction, curriculum,
and technology.

Sec. 9.

Minnesota Statutes 2004, section 120B.11,
subdivision 3, is amended to read:

Subd. 3.

deleted text begin instruction and curriculum deleted text end new text begin district new text end advisory
committee.

Each school board shall establish an deleted text begin Instruction and
Curriculum deleted text end advisory committee to ensure active community
participation in all phases of planning and improving the
instruction and curriculum affecting state deleted text begin graduation deleted text end new text begin and
district academic new text end standards. A district advisory committee, to
the extent possible, shall reflect the diversity of the district
and its learning sites, and shall include teachers, parents,
support staff, deleted text begin pupils deleted text end new text begin students new text end , and other community residents.
The district may establish building teams as subcommittees of
the district advisory committee under subdivision 4. The
district advisory committee shall recommend to the school
board deleted text begin districtwide education standards deleted text end new text begin rigorous academic
standards, student achievement goals and measures new text end , assessments,
and program evaluations. Learning sites may expand upon
district evaluations of instruction, curriculum, assessments, or
programs. Whenever possible, parents and other community
residents shall comprise at least two-thirds of advisory
committee members.

Sec. 10.

Minnesota Statutes 2004, section 120B.11,
subdivision 4, is amended to read:

Subd. 4.

Building team.

A school may establish a
building team to develop and implement an education
effectiveness plan to improve instruction deleted text begin and deleted text end new text begin , new text end curriculum new text begin , and
student achievement new text end . The team shall advise the board and the
advisory committee about developing an instruction and
curriculum improvement plan that aligns curriculum, assessment
of student progress in meeting state deleted text begin graduation deleted text end new text begin and district
academic new text end standards, and instruction.

Sec. 11.

Minnesota Statutes 2004, section 120B.11,
subdivision 5, is amended to read:

Subd. 5.

Report.

(a) By October 1 of each year, the
school board shall use standard statewide reporting procedures
the commissioner develops and adopt a report that includes the
following:

(1) student deleted text begin performance deleted text end new text begin achievement new text end goals for meeting state
deleted text begin graduation deleted text end new text begin academic new text end standards deleted text begin adopted for that year deleted text end ;

(2) results of local assessment data, and any additional
test data;

(3) the annual school district improvement plans new text begin including
staff development goals under section 122A.60 new text end ;

(4) information about district and learning site progress
in realizing previously adopted improvement plans; and

(5) the amount and type of revenue attributed to each
education site as defined in section 123B.04.

(b) The school board shall publish the report in the local
newspaper with the largest circulation in the district deleted text begin or deleted text end new text begin , new text end by
mail new text begin , or by electronic means such as the district Web site. If
electronic means are used, copies of the report must be made
available to the public on request new text end . The board shall make a copy
of the report available to the public for inspection. The board
shall send a copy of the report to the commissioner of education
by October 15 of each year.

(c) The title of the report shall contain the name and
number of the school district and read "Annual Report on
Curriculum, Instruction, and Student deleted text begin Performance deleted text end new text begin Achievement new text end ."
The report must include at least the following information about
advisory committee membership:

(1) the name of each committee member and the date when
that member's term expires;

(2) the method and criteria the school board uses to select
committee members; and

(3) the date by which a community resident must apply to
next serve on the committee.

Sec. 12.

Minnesota Statutes 2004, section 120B.11,
subdivision 8, is amended to read:

Subd. 8.

Biennial evaluation; assessment program.

At
least once every two years, the district report shall include an
evaluation of the district testing programs, according to the
following:

(1) written objectives of the assessment program;

(2) names of tests and grade levels tested;

(3) use of test results; and

(4) deleted text begin implementation of an assurance of mastery program
deleted text end new text begin student achievement results compared to previous years new text end .

Sec. 13.

Minnesota Statutes 2004, section 120B.13,
subdivision 1, is amended to read:

Subdivision 1.

Program structure; training programs for
teachers.

(a) The advanced placement and international
baccalaureate programs are well-established academic programs
for mature, academically directed high school students. These
programs, in addition to providing academic rigor, offer sound
curricular design, accountability, comprehensive external
assessment, feedback to students and teachers, and the
opportunity for high school students to compete academically on
a global level. Advanced placement and international
baccalaureate programs allow students to leave high school with
the academic skills and self-confidence to succeed in college
and beyond. The advanced placement and international
baccalaureate programs help provide Minnesota students with
world-class educational opportunity.

(b) Critical to schools' educational success is ongoing
advanced placement/international baccalaureate-approved teacher
training. A secondary teacher assigned by a deleted text begin district deleted text end new text begin public or
nonpublic school new text end to teach an advanced placement or international
baccalaureate course or other interested educator may
participate in a training program offered by The College Board
or International Baccalaureate North America, Inc. The state
may pay a portion of the tuition, room, deleted text begin and deleted text end board new text begin , and
out-of-state travel new text end costs a teacher or other interested educator
new text begin assigned by a public school new text end incurs in participating in a
training program. The commissioner shall determine application
procedures and deadlines, deleted text begin and deleted text end select teachers and other
interested educators to participate in the training program new text begin , and
determine the payment process and amount of the subsidy new text end . The
procedures determined by the commissioner shall, to the extent
possible, ensure that advanced placement and international
baccalaureate courses become available in all parts of the state
and that a variety of course offerings are available in school
districts. This subdivision does not prevent teacher or other
interested educator participation in training programs offered
by The College Board or International Baccalaureate North
America, Inc., when tuition is paid by a source other than the
state.

Sec. 14.

Minnesota Statutes 2004, section 120B.13,
subdivision 3, is amended to read:

Subd. 3.

Subsidy for examination fees.

The state may pay
all or part of the fee for advanced placement or international
baccalaureate examinations deleted text begin for pupils of low-income families in
public and nonpublic schools deleted text end . The commissioner shall deleted text begin adopt a
schedule for fee subsidies that may allow payment of the entire
fee for deleted text end new text begin pay all examination fees for all public and nonpublic
students of new text end low-income families, as defined by the commissioner new text begin ,
and to the limit of the available appropriation, shall also pay
a portion or all of the examination fees for other public and
nonpublic students sitting for an advanced placement
examination, international baccalaureate examination, or both new text end .
The commissioner shall determine procedures for state payments
of fees.

Sec. 15.

new text begin [120B.15] GIFTED AND TALENTED STUDENTS
PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Gifted and talented students. new text end

new text begin School
districts must adopt guidelines for assessing and identifying
students for participation in gifted and talented programs. The
guidelines should include the use of:
new text end

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

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

new text begin Subd. 2. new text end

new text begin Student access; program content and
development.
new text end

new text begin (a) Gifted and talented programs may include:
new text end

new text begin (1) curriculum aligned with the cognitive, affective,
developmental, and physical needs of gifted and talented
students;
new text end

new text begin (2) articulated prekindergarten through grade 12 learning
experiences;
new text end

new text begin (3) flexible instructional pacing and subject and
grade-based opportunities to accelerate instruction;
new text end

new text begin (4) rigorous content consistent with students' abilities
and social and emotional development;
new text end

new text begin (5) challenging learning experiences focused on problem
solving and advanced reasoning; and
new text end

new text begin (6) differentiated guidance services to nurture students'
social and emotional development.
new text end

new text begin (b) School districts, in collaboration with interested
community members and with technical assistance from the state
education department, must offer gifted and talented programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end

Sec. 16.

new text begin [120B.25] AMERICAN HERITAGE EDUCATION.
new text end

new text begin School districts shall permit grade-level instruction for
students to read and study America's founding documents,
including documents that contributed to the foundation or
maintenance of America's representative form of limited
government, the Bill of Rights, our free-market economic system,
and patriotism.
new text end

Sec. 17.

Minnesota Statutes 2004, 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 from and aligned with the state's required
academic standards under section 120B.021 and administered
annually to all students in grades 3 through 8 and at the high
school level. A state-developed test in a subject other than
writing, developed after the 2002-2003 school year, must include
both deleted text begin multiple choice deleted text end new text begin machine-scoreable new text end and constructed response
questions. The commissioner shall establish one or more months
during which schools shall administer the tests to students each
school year. new text begin For students enrolled in grade 8 before the
2005-2006 school year, new text end only Minnesota basic skills tests in
reading, mathematics, and writing shall fulfill students' basic
skills testing requirements for a passing state notation. The
passing scores of the state tests in reading and mathematics are
the equivalent of:

(1) 70 percent correct for students entering grade 9 in
1996; and

(2) 75 percent correct for students entering grade 9 in
1997 and thereafter, as based on the first uniform test
administration of February 1998.

new text begin For students enrolled in grade 8 in the 2005-2006 school
year and later, only the Minnesota Comprehensive Assessments
Second Edition (MCA-IIs) in reading, mathematics, and writing
shall fulfill students' academic standard requirements.
new text end

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

(c) State tests must be constructed and aligned with state
academic standards. The testing process and the order of
administration shall be determined by the commissioner. The
statewide results shall be aggregated at the site and district
level, consistent with subdivision 1a.

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

(1) uniform statewide testing of all students in grades 3
through 8 and at the high school level that provides exemptions,
only with parent or guardian approval, for those very few
students for whom the student's individual education plan team
under sections 125A.05 and 125A.06, determines that the student
is incapable of taking a statewide test, or for a limited
English proficiency student under section 124D.59, subdivision
2, if the student has been in the United States for fewer than
three years;

(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) students' scores 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.

(e) Districts must report exemptions under paragraph (d),
clause (1), to the commissioner consistent with a format
provided by the commissioner.

Sec. 18.

Minnesota Statutes 2004, section 120B.30,
subdivision 1a, is amended to read:

Subd. 1a.

Statewide and local assessments; results.

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

(1) annual deleted text begin language arts deleted text end new text begin reading new text end and mathematics
assessments in grades 3 through 8 and at the high school level
for the 2005-2006 school year and later; and

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

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

(c) Reporting of assessment results must:

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

(2) include, by the 2006-2007 school year, a value-added
component to measure student achievement growth over time; and

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

new text begin (4) for students enrolled in grade 8 in the 2005-2006
school year and later, determine whether students have met the
state's academic standards new text end .

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

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

Sec. 19.

Minnesota Statutes 2004, section 120B.30, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Access to tests. new text end

new text begin The commissioner must adopt
and publish a policy to provide public and parental access for
review of basic skills tests, Minnesota comprehensive
assessments, or any other such statewide test and assessment.
Upon receiving a written request, the commissioner must make
available to parents or guardians a copy of their student's
actual answer sheet to the test questions to be reviewed by the
parent and the student's teacher at the school site.
new text end

Sec. 20.

new text begin [120B.361] VALUE-ADDED ASSESSMENT PROGRAM.
new text end

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 21.

new text begin [120B.362] GRANTS FOR SITE-BASED ACHIEVEMENT
CONTRACTS.
new text end

new text begin Subdivision 1. new text end

new text begin Eligible schools. new text end

new text begin (a) The commissioner of
education shall award grants to public school sites to increase
student achievement and eliminate the achievement gap at the
school site.
new text end

new text begin (b) The commissioner shall select sites that meet the
following criteria:
new text end

new text begin (1) have at least 75 percent of enrollment eligible for
free or reduced-price lunch;
new text end

new text begin (2) have an enrollment where at least 75 percent of the
students are students of color; and
new text end

new text begin (3) have failed to meet adequate yearly progress for at
least two consecutive years.
new text end

new text begin (c) In order to be eligible for a grant under this section,
a public school site shall have an approved site decision-making
agreement under section 123B.04, including an achievement
contract under section 123B.04, subdivision 4. The site
decision-making team shall include the principal or the person
having general control of the school site.
new text end

new text begin (d) The site team shall have a plan approved by the school
board and shall also have an agreement with the exclusive
bargaining unit of the district to participate in this grant
program.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin (a) The applicant shall submit a
plan that will result in at least 80 percent of the students at
the site testing at a proficient level for their grade by the
end of the grant period of six years, with at least 60 percent
of the students testing at a proficient level for their grade at
the midpoint of the grant period.
new text end

new text begin (b) The site team shall include in its application a
detailed plan for using multiple objective and measurable
methods for tracking student achievement during the duration of
the grant and shall also include curriculum and academic
requirements that are rigorous and challenging for all
students. The site shall have the ability to return timely test
data to teachers and have a plan that demonstrates that the
teachers at the site can use the data to help improve curriculum
as well as monitor student achievement.
new text end

new text begin (c) The applicant shall have in its site-based plan an
agreement between the district and the exclusive bargaining unit
of the district that would give the site-based team increased
stability in the placement of teachers at the site. The
applicant shall include other innovative site-based personnel
decision-making items in its agreement that may include, but are
not limited to: hiring bonuses, additional ongoing
collaborative preparation time, on-site staff development,
hiring additional staff, and performance-based incentives.
new text end

new text begin (d) The site team shall also include in its application a
plan for a greater involvement of parents and the community in
the school, a plan for ensuring that each student at the site
can develop a meaningful relationship with at least one teacher
at the school site, and a clear approach to school safety,
including promoting respect for students and teachers.
new text end

new text begin Subd. 3. new text end

new text begin Grant awards. new text end

new text begin (a) The commissioner shall award
grants to a school site in three parts:
new text end

new text begin (1) one-third of the total grant amount is awarded at the
beginning of the grant agreement;
new text end

new text begin (2) one-third is awarded at the midpoint of the grant
agreement if the site has met the achievement goals established
in subdivision 2, paragraph (a); and
new text end

new text begin (3) one-third is awarded upon the completion of the grant
agreement if the site has met the achievement goals established
in subdivision 2, paragraph (a).
new text end

new text begin (b) The total grant award for a school site shall be at
least $150,000 and shall not exceed $500,000. The commissioner
shall determine the grant amount based on the number of students
enrolled at the site.
new text end

new text begin (c) The commissioner shall determine all other aspects of
the application and grant award process consistent with this
section.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The commissioner shall report annually
by March 1 during the program, with a final report due by
January 15, 2011, to the house of representatives and senate
committees having jurisdiction over education on the progress of
the program, including at least improvement in student
achievement, the effect of innovative personnel decision making
on closing the achievement gap, and the characteristics of
highly effective teachers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to the 2005-2006 through
2011-2012 school years.
new text end

Sec. 22.

Minnesota Statutes 2004, section 121A.06,
subdivision 2, is amended to read:

Subd. 2.

Reports; content.

deleted text begin By January 1, 1994, the
commissioner, in consultation with the criminal and juvenile
information policy group, shall develop a standardized form to
be used by schools to report incidents involving the use or
possession of a dangerous weapon in school zones. deleted text end new text begin School
districts must electronically report to the commissioner of
education incidents involving the use or possession of a
dangerous weapon in school zones. new text end The form deleted text begin shall deleted text end new text begin must new text end include
the following information:

(1) a description of each incident, including a description
of the dangerous weapon involved in the incident;

(2) where, at what time, and under what circumstances the
incident occurred;

(3) information about the offender, other than the
offender's name, including the offender's age; whether the
offender was a student and, if so, where the offender attended
school; and whether the offender was under school expulsion or
suspension at the time of the incident;

(4) information about the victim other than the victim's
name, if any, including the victim's age; whether the victim was
a student and, if so, where the victim attended school; and if
the victim was not a student, whether the victim was employed at
the school;

(5) the cost of the incident to the school and to the
victim; and

(6) the action taken by the school administration to
respond to the incident.

The commissioner deleted text begin also deleted text end shall deleted text begin develop deleted text end new text begin provide new text end an deleted text begin alternative
deleted text end new text begin electronic new text end reporting format that allows school districts to
provide aggregate data deleted text begin , with an option to use computer
technology to report the data deleted text end .

Sec. 23.

Minnesota Statutes 2004, section 121A.06,
subdivision 3, is amended to read:

Subd. 3.

Reports; filing requirements.

By deleted text begin February 1 and
deleted text end July deleted text begin 1 deleted text end new text begin 31 new text end of each year, each school new text begin other than a home school
new text end shall report incidents involving the use or possession of a
dangerous weapon in school zones to the commissioner. The
reports new text begin by public schools new text end must be deleted text begin made on the standardized forms
or using the alternative format deleted text end new text begin submitted using the electronic
reporting system new text end developed by the commissioner under subdivision
2. The commissioner shall compile the information it receives
from the schools and report it annually to the commissioner of
public safety deleted text begin , the criminal and juvenile information policy
group, deleted text end and the legislature.

Sec. 24.

new text begin [121A.0695] SCHOOL BOARD POLICY; PROHIBITING
INTIMIDATION AND BULLYING.
new text end

new text begin Subdivision 1. new text end

new text begin Intimidation or bullying
defined. new text end

new text begin "Intimidation or bullying" means an intentional
gesture or a written, oral, or physical act or threat that a
reasonable person under the circumstances knows or should know
has the effect of:
new text end

new text begin (1) harming a student;
new text end

new text begin (2) damaging a student's property;
new text end

new text begin (3) placing a student in reasonable fear of harm to the
student's person;
new text end

new text begin (4) placing a student in reasonable fear of damage to the
student's property; or
new text end

new text begin (5) creating a severe or persistent environment of
intimidation or abuse.
new text end

new text begin Subd. 2. new text end

new text begin Model policy. new text end

new text begin The commissioner of education
shall maintain and make available to school boards and other
schools a model policy prohibiting intimidation and bullying
that addresses the requirements of subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin School board policy. new text end

new text begin Each school board shall
adopt a written policy prohibiting intimidation and bullying of
any student, including, but not limited to, the acts defined in
subdivision 1. The policy must describe the behavior expected
of each student and state the consequences for and the
appropriate remedial action to be taken against the person
acting to intimidate or bully. The policy must include
reporting procedures, including, at a minimum, requiring school
personnel to report student intimidation or bullying incidents
and allowing persons to report incidents anonymously. Each
district must integrate into its violence prevention program
under section 120B.22, if applicable, behavior and expectations
established under this section. Each school must include the
policy in the student handbook on school policies.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the
2005-2006 school year and later.
new text end

Sec. 25.

new text begin [121A.222] POSSESSION AND USE OF NONPRESCRIPTION
PAIN RELIEVERS BY SECONDARY STUDENTS.
new text end

new text begin A secondary student may possess and use nonprescription
pain relief in a manner consistent with the labeling, if the
district has received a written authorization from the student's
parent permitting the student to self-administer the
medication. The parent must submit written authorization for
the student to self-administer the medication each school year.
The district may revoke a student's privilege to possess and use
nonprescription pain relievers if the district determines that
the student is abusing the privilege.
new text end

Sec. 26.

new text begin [121A.231] COMPREHENSIVE FAMILY LIFE AND
SEXUALITY EDUCATION PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Comprehensive family
life and sexuality education" means education in grades 7
through 12 that:
new text end

new text begin (1) respects community values and encourages family
communication;
new text end

new text begin (2) develops skills in communication, decision making, and
conflict resolution;
new text end

new text begin (3) contributes to healthy relations;
new text end

new text begin (4) provides human development and sexuality education that
is age appropriate and medically accurate;
new text end

new text begin (5) promotes responsible sexual behavior, including an
abstinence-first approach to delaying initiation to sexual
activity that emphasizes abstinence while also including
education about the use of protection and contraception; and
new text end

new text begin (6) promotes individual responsibility.
new text end

new text begin (b) "Age appropriate" refers to topics, messages, and
teaching methods suitable to particular ages or age groups of
children and adolescents, based on developing cognitive,
emotional, and behavioral capacity typical for the age or age
group.
new text end

new text begin (c) "Medically accurate" means verified or supported by
research conducted in compliance with scientific methods and
published in peer-reviewed journals, where appropriate, and
recognized as accurate and objective by professional
organizations and agencies in the relevant field, such as the
federal Centers for Disease Control and Prevention, the American
Public Health Association, the American Academy of Pediatrics,
or the American College of Obstetricians and Gynecologists.
new text end

new text begin Subd. 2. new text end

new text begin Curriculum requirements. new text end

new text begin (a) A school district
may offer and may independently establish policies, procedures,
curriculum, and services for providing comprehensive family life
and sexuality education that is age appropriate and medically
accurate for kindergarten through grade 6.
new text end

new text begin (b) A school district must offer and may independently
establish policies, procedures, curriculum, and services for
providing comprehensive family life and sexuality education that
is age appropriate and medically accurate for grades 7 through
12.
new text end

new text begin Subd. 3. new text end

new text begin Notice and parental options. new text end

new text begin (a) It is the
legislature's intent to encourage pupils to communicate with
their parents or guardians about human sexuality and to respect
rights of parents or guardians to supervise their children's
education on these subjects.
new text end

new text begin (b) Parents or guardians may excuse their children from all
or part of a comprehensive family life and sexuality education
program.
new text end

new text begin (c) A school district must establish procedures for
providing parents or guardians reasonable notice with the
following information:
new text end

new text begin (1) if the district is offering a comprehensive family life
and sexuality education program to the parents' or guardians'
child during the course of the year;
new text end

new text begin (2) how the parents or guardians may inspect the written
and audio/visual educational materials used in the program and
the process for inspection;
new text end

new text begin (3) if the program is presented by school district
personnel or outside consultants, and if outside consultants are
used, who they may be; and
new text end

new text begin (4) parents' or guardians' right to choose not to have
their child participate in the program and the procedure for
exercising that right.
new text end

new text begin (d) A school district must establish procedures for
reasonably restricting the availability of written and
audio/visual educational materials from public view of students
who have been excused from all or part of a comprehensive family
life and sexuality education program at the request of a parent
or guardian.
new text end

new text begin Subd. 4. new text end

new text begin Assistance to school districts. new text end

new text begin (a) The
Department of Education may offer services to school districts
to help them implement effective comprehensive family life and
sexuality education programs. In providing these services, the
department may contract with a school district, or a school
district in partnership with a local health agency or a
nonprofit organization, to establish up to eight regional
training sites, taking into account geographical balance, to
provide:
new text end

new text begin (1) training for teachers, parents, and community members
in the development of comprehensive family life and sexuality
education curriculum or services and in planning for monitoring
and evaluation activities;
new text end

new text begin (2) resource staff persons to provide expert training,
curriculum development and implementation, and evaluation
services;
new text end

new text begin (3) technical assistance to promote and coordinate
community, parent, and youth forums in communities identified as
having high needs for comprehensive family life and sexuality
education;
new text end

new text begin (4) technical assistance for issue management and policy
development training for school boards, superintendents,
principals, and administrators across the state; and
new text end

new text begin (5) funding for grants to school-based comprehensive family
life and sexuality education programs to promote innovation and
to recognize outstanding performance and promote replication of
demonstrably effective strategies.
new text end

new text begin (b) Technical assistance provided by the department to
school districts or regional training sites may:
new text end

new text begin (1) promote instruction and use of materials that are age
appropriate;
new text end

new text begin (2) provide information that is medically accurate and
objective;
new text end

new text begin (3) provide instruction and promote use of materials that
are respectful of marriage and commitments in relationships;
new text end

new text begin (4) provide instruction and promote use of materials that
are appropriate for use with pupils and family experiences based
on race, gender, sexual orientation, ethnic and cultural
background, and appropriately accommodate alternative learning
based on language or disability;
new text end

new text begin (5) provide instruction and promote use of materials that
encourage pupils to communicate with their parents or guardians
about human sexuality;
new text end

new text begin (6) provide instruction and promote use of age-appropriate
materials that teach abstinence from sexual intercourse as the
only certain way to prevent unintended pregnancy or sexually
transmitted infections, including HIV, and provide information
about the role and value of abstinence while also providing
medically accurate information on other methods of preventing
and reducing risk for unintended pregnancy and sexually
transmitted infections;
new text end

new text begin (7) provide instruction and promote use of age-appropriate
materials that are medically accurate in explaining transmission
modes, risks, symptoms, and treatments for sexually transmitted
infections, including HIV;
new text end

new text begin (8) provide instruction and promote use of age-appropriate
materials that address varied societal views on sexuality,
sexual behaviors, pregnancy, and sexually transmitted
infections, including HIV, in an age-appropriate manner;
new text end

new text begin (9) provide instruction and promote use of age-appropriate
materials that provide information about the effectiveness and
safety of all FDA-approved methods for preventing and reducing
risk for unintended pregnancy and sexually transmitted
infections, including HIV;
new text end

new text begin (10) provide instruction and promote use of age-appropriate
materials that provide instruction in skills for making and
implementing responsible decisions about sexuality;
new text end

new text begin (11) provide instruction and promote use of age-appropriate
materials that provide instruction in skills for making and
implementing responsible decisions about finding and using
health services; and
new text end

new text begin (12) provide instruction and promote use of age-appropriate
materials that do not teach or promote religious doctrine nor
reflect or promote bias against any person on the basis of any
category protected under the Minnesota Human Rights Act, chapter
363A.
new text end

Sec. 27.

Minnesota Statutes 2004, section 121A.53, is
amended to read:

121A.53 REPORT TO COMMISSIONER OF EDUCATION.

Subdivision 1.

Exclusions and expulsions.

The school
board deleted text begin shall deleted text end new text begin must new text end report new text begin through the department electronic
reporting system new text end each exclusion or expulsion within 30 days of
the effective date of the action to the commissioner of
education. This report deleted text begin shall deleted text end new text begin must new text end include a statement of
alternative educational services given the pupil and the reason
for, the effective date, and the duration of the exclusion or
expulsion. new text begin The report must also include the student's age,
grade, gender, race, and special education status.
new text end

Subd. 2.

Report.

The school board must include state
student identification numbers of affected pupils on all
dismissal reports required by the department. The department
must report annually to the commissioner summary data on the
number of dismissals by age, grade, gender, race, and special
education status of the affected pupils. new text begin All dismissal reports
must be submitted through the department electronic reporting
system.
new text end

Sec. 28.

Minnesota Statutes 2004, section 122A.06,
subdivision 4, is amended to read:

Subd. 4.

Comprehensive, scientifically based reading
instruction.

deleted text begin "Comprehensive, scientifically based reading
instruction" includes instruction and practice in phonemic
awareness, phonics and other word-recognition skills, and guided
oral reading for beginning readers, as well as extensive silent
reading, vocabulary instruction, instruction in comprehension,
and instruction that fosters understanding and higher-order
thinking for readers of all ages and proficiency
levels. deleted text end new text begin "Comprehensive, scientifically based reading
instruction" includes a program or collection of instructional
practices with demonstrated success in instructing learners and
reliable and valid evidence to support the conclusion that when
these methods are used with learners, they can be expected to
achieve, at a minimum, satisfactory progress in reading
achievement. The program or collection of practices must
include, at a minimum, instruction in five areas of reading:
phonemic awareness, phonics, fluency, vocabulary, and text
comprehension.
new text end

new text begin Comprehensive, scientifically based reading instruction
also includes and integrates instructional strategies for
continuously assessing and evaluating the learner's reading
progress and needs in order to design and implement ongoing
interventions so that learners of all ages and proficiency
levels can read and comprehend text and apply higher level
thinking skills.
new text end

Sec. 29.

Minnesota Statutes 2004, section 122A.18,
subdivision 2a, is amended to read:

Subd. 2a.

Reading strategies.

(a) All colleges and
universities approved by the Board of Teaching to prepare
persons for classroom teacher licensure must include in their
teacher preparation programs deleted text begin reading best practices that enable
classroom teacher licensure candidates to know how to teach
reading, such as phonics or other deleted text end research-based best practices
new text begin in reading, consistent with section 122A.06, subdivision 4, that
enable the licensure candidate to know how to teach reading in
the candidate's content areas new text end .

(b) Board-approved teacher preparation programs for
teachers of elementary education must require instruction in the
application of comprehensive, scientifically based, and balanced
reading instruction programs deleted text begin . deleted text end new text begin that:
new text end

new text begin (1) teach students to read using foundational knowledge,
practices, and strategies consistent with section 122A.06,
subdivision 4, so that all students will achieve continuous
progress in reading; and
new text end

new text begin (2) teach specialized instruction in reading strategies,
interventions, and remediations that enable students of all ages
and proficiency levels to become proficient readers.
new text end

Sec. 30.

Minnesota Statutes 2004, 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 after completion thereof, 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. Evaluation must occur at least three times
each year for a teacher performing services on 120 or more
school days, at least two times each year for a teacher
performing services on 60 to 119 school days, and at least one
time each year for a teacher performing services on fewer than
60 school days. 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 as the
school board shall see fit. 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.

new text begin (c) A probationary teacher whose first three years of
consecutive employment is 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).
new text end

new text begin (d) A probationary teacher must complete at least 60 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (c) of this section is
retroactively effective to September 10, 2001, and applies to
those probationary teachers absent for active military service
beginning on September 10, 2001, or later. Paragraph (d) of
this section is effective July 1, 2005.
new text end

Sec. 31.

Minnesota Statutes 2004, section 122A.41,
subdivision 2, is amended to read:

Subd. 2.

Probationary period; discharge or demotion.

new text begin (a)
new text end 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 as the school board, after consulting with the peer
review committee charged with evaluating the probationary
teachers under subdivision 3, shall see fit. 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 subdivision
3. Evaluation by the peer review committee charged with
evaluating probationary teachers under subdivision 3 shall occur
at least three times each year for a teacher performing services
on 120 or more school days, at least two times each year for a
teacher performing services on 60 to 119 school days, and at
least one time each year for a teacher performing services on
fewer than 60 school days. 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.

new text begin (b) A probationary teacher whose first three years of
consecutive employment is 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).
new text end

new text begin (c) A probationary teacher must complete at least 60 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (b) of this section is
retroactively effective to September 10, 2001, and applies to
those probationary teachers absent for active military service
beginning on September 10, 2001, or later. Paragraph (c) of
this section is effective July 1, 2005.
new text end

Sec. 32.

Minnesota Statutes 2004, section 122A.41,
subdivision 5a, is amended to read:

Subd. 5a.

Probationary period for principals hired
internally.

A board and the exclusive representative of the
school principals in the district may negotiate a plan for a
probationary period of up to two school years for licensed
teachers employed by the board who are subsequently employed by
the board as a licensed school principal new text begin or assistant principal
and an additional probationary period of up to two years for
licensed assistant principals employed by the board who are
subsequently employed by the board as a licensed school
principal new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 33.

Minnesota Statutes 2004, 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
making such discontinuance, teachers must be discontinued in any
department in the inverse order in which they were employed new text begin ,
unless a board and the exclusive representative of teachers in
the district negotiate a plan providing otherwise new text end .

(b) Notwithstanding the provisions of clause (a), 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 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 do not apply to vocational education
licenses.

(c) Notwithstanding the provisions of clause (a), 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 34.

Minnesota Statutes 2004, section 122A.413, is
amended to read:

122A.413 EDUCATIONAL IMPROVEMENT PLAN.

Subdivision 1.

Qualifying plan.

A district may develop
an educational improvement plan for the purpose of qualifying
for deleted text begin alternative teacher compensation deleted text end new text begin principled pay practices
new text end aid under deleted text begin sections 122A.414 and 122A.415 deleted text end new text begin section 122A.4142 new text end . The
plan must include measures for improving school district, school
site, teacher, and individual student performance.

Subd. 2.

Plan components.

The educational improvement
plan must be approved by the school board and have at least
these elements:

(1) assessment and evaluation tools to measure student
performance and progress;

(2) performance goals and benchmarks for improvement;

(3) measures of student attendance and completion rates;

(4) a rigorous professional development system new text begin , consistent
with section 122A.60, new text end that is aligned with educational
improvement, designed to achieve teaching quality improvement,
and consistent with clearly defined research-based standards;

(5) measures of student, family, and community involvement
and satisfaction;

(6) a data system about students and their academic
progress that provides parents and the public with
understandable information; deleted text begin and
deleted text end

(7) a teacher induction and mentoring program for
probationary teachers that provides continuous learning and
sustained teacher support deleted text begin . The process for developing the plan
must involve district teachers deleted text end new text begin ; and
new text end

new text begin (8) substantial teacher participation in developing the
plan, including teachers selected by the exclusive
representative of the teachers new text end .

Subd. 3.

School site accountability.

A district that
develops a plan under subdivisions 1 and 2 must ensure that each
school site develops a board-approved educational improvement
plan that is aligned with the district educational improvement
plan under subdivision 2 new text begin and developed with teacher
participation consistent with subdivision 2, clause (8) new text end . While
a site plan must be consistent with the district educational
improvement plan, it may establish performance goals and
benchmarks that meet or exceed those of the district. deleted text begin The
process for developing the plan must involve site teachers.
deleted text end

Sec. 35.

new text begin [122A.4142] PRINCIPLED PAY PRACTICES FOR
TEACHERS.
new text end

new text begin Subdivision 1. new text end

new text begin Principled pay practices system. new text end

new text begin A school
district and the exclusive representative of the teachers may
adopt, by agreement, principled pay practices under subdivision
2 to provide incentives to attract and retain high-quality
teachers, encourage high-quality teachers to accept difficult
assignments, encourage teachers to improve their knowledge and
skills, and support teachers' roles in improving students'
educational achievement.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility for principled pay practices
aid. new text end

new text begin (a) To be eligible for principled pay practices aid, a
school district must submit to the department:
new text end

new text begin (1) a districtwide or site-based educational improvement
plan as described in section 122A.413;
new text end

new text begin (2) an executed collective bargaining agreement that
contains at least the following elements:
new text end

new text begin (i) a description of the conditions or actions necessary
for career advancement and additional compensation;
new text end

new text begin (ii) compensation provisions that base at least 60 percent
of any increase in compensation on performance and not on years
of service or the attainment of additional education or
training;
new text end

new text begin (iii) career advancement options for teachers retaining
primary roles in student instruction and for other members of
the bargaining unit;
new text end

new text begin (iv) incentives for teachers' continuous improvement in
content knowledge, pedagogy, and use of best practices;
new text end

new text begin (v) an objective evaluation program, including classroom or
performance observation, that is aligned with the district's or
site's educational improvement plan, and is a component of
determining performance;
new text end

new text begin (vi) provisions preventing any teacher's compensation from
being reduced as a result of implementing principled pay
practices;
new text end

new text begin (vii) provisions enabling any teacher in the district if
the principled pay practices are applied districtwide, or at a
site, if the practices apply only to a site, to participate in
the principled pay practices without limitations by quota or
other restrictions;
new text end

new text begin (viii) provisions encouraging collaboration among teachers
rather than competition; and
new text end

new text begin (ix) provisions for participation by all teachers in a
district, all teachers at a site, or at least 25 percent of the
teachers in a district.
new text end

new text begin (b) An agreement may contain different compensation
provisions for separate classifications of employees.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner approval. new text end

new text begin (a) Before concluding a
collective bargaining agreement, a district may submit a
proposed agreement and educational improvement plan for review,
comment, and preliminary approval by the commissioner. If the
plan and agreement are executed in the same form as
preliminarily approved by the commissioner, the plan and
agreement must be approved without further review.
new text end

new text begin (b) The application to the commissioner must contain a
formally adopted collective bargaining agreement, memorandum of
understanding, or other binding agreement that implements
principled pay practices consistent with this section.
new text end

new text begin (c) The commissioner's approval must be based on the
requirements established in subdivision 2. If the commissioner
does not approve an application, the notice to the school
district must provide details regarding the commissioner's
reason for rejecting the application.
new text end

new text begin (d) A school district that intends to apply for principled
pay practices aid for the first time must notify the
commissioner in writing by November 1 prior to the academic year
for which they intend to seek aid. The commissioner must
approve initial applications for school districts qualifying
under subdivision 4, paragraph (b), clause (1), by January 15 of
each year.
new text end

new text begin Subd. 4. new text end

new text begin Aid amount. new text end

new text begin (a) A school district that meets
the conditions of this section, as approved by the commissioner,
is eligible for principled pay practices aid.
new text end

new text begin (b) Principled pay practices aid for a qualifying school
district, site, or portion of a district or school site is as
follows:
new text end

new text begin (1) for a school district in which the school board and the
exclusive representative of the teachers agree to place all
teachers in the district or at the site in the principled pay
practices system, aid equals $150 times the district's or the
site's number of pupils enrolled on October 1 of the previous
fiscal year; or
new text end

new text begin (2) for a district in which the school board and the
exclusive representative of the teachers agree that at least 25
percent of the district's licensed teachers will be paid under
the principled pay practices system, aid equals $150 times the
percentage of participating teachers times the district's number
of pupils enrolled as of October 1 of the previous fiscal year.
new text end

new text begin Subd. 5. new text end

new text begin Percentage of teachers. new text end

new text begin For purposes of
subdivision 4, the percentage of teachers participating in the
principled pay practices system equals the ratio of the number
of licensed teachers who are working at least 60 percent of a
full-time teacher's hours and agree to participate in the
principled pay practices system to the total number of licensed
teachers who are working at least 60 percent of a full-time
teacher's hours.
new text end

new text begin Subd. 6. new text end

new text begin Aid timing. new text end

new text begin Districts or sites with approved
applications must receive principled pay practices aid for each
school year that the district or site participates in the
program.
new text end

new text begin Subd. 7. new text end

new text begin Annual aid appropriation. new text end

new text begin The amount necessary
for this purpose is appropriated annually from the general fund
to the commissioner of education for principled pay practices
aid under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year
2006 and thereafter.
new text end

Sec. 36.

new text begin [122A.4143] CLOSED CONTRACT.
new text end

new text begin A district and the exclusive representative of the teachers
may agree jointly to reopen a collective bargaining agreement
for the sole purpose of entering into a principled pay practices
system consistent with section 122A.4142 and an educational
improvement plan under section 122A.413.
new text end

Sec. 37.

new text begin [122A.628] SCHOOLS MENTORING SCHOOLS REGIONAL
SITES.
new text end

new text begin The commissioner of education shall select up to four
school districts, or partnerships of school districts, for the
purpose of assisting other school districts in the region with
the development of thorough and effective teacher mentoring
programs. The commissioner shall use geographic balance and
proven teacher induction programs as criteria when selecting the
sites. One site must include the Brainerd teacher support
system, which has been cited by the Minnesota Board of Teaching
as a model program and was one of only six programs in the
nation to be recognized for the 2004 NEA-Saturn/UAW partnership
award. The sites shall be known as schools mentoring schools
regional sites.
new text end

new text begin The sites shall provide high quality mentoring assistance
programs and services to other nearby school districts for the
development of effective systems of support for new teachers.
The sites shall offer coaching/mentor training, in-class
observation training, and train-the-teacher opportunities for
teams of participating teachers. The sites shall use their
recognized experience and methods to equip schools to work with
their own new and beginning teachers. The commissioner shall
review and report annually to the legislature on the operation
of each training center.
new text end

Sec. 38.

Minnesota Statutes 2004, section 123B.02, is
amended by adding a subdivision to read:

new text begin Subd. 14a. new text end

new text begin Employee recognition. new text end

new text begin A school board may
establish and operate an employee recognition program for
district employees, including teachers, and may expend funds as
necessary to achieve the objectives of the program.
new text end

Sec. 39.

Minnesota Statutes 2004, section 123B.02, is
amended by adding a subdivision to read:

new text begin Subd. 22. new text end

new text begin Rewards. new text end

new text begin A school board may offer a reward to
persons who provide accurate and reliable information that leads
to the apprehension and arrest of a person who has committed a
crime against school district property, students, employees or
volunteers, or school board members.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 40.

Minnesota Statutes 2004, section 124D.09,
subdivision 12, is amended to read:

Subd. 12.

Credits.

A pupil may enroll in a course under
this section for either secondary credit or postsecondary
credit. At the time a pupil enrolls in a course, the pupil
shall designate whether the course is for secondary or
postsecondary credit. A pupil taking several courses may
designate some for secondary credit and some for postsecondary
credit. 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.

new text begin 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 Partnership offered
according to an agreement under section 124D.09, subdivision 10.
new text end

Sec. 41.

new text begin [124D.091] CONCURRENT ENROLLMENT PROGRAM AID.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin A district that offers a
National Alliance of Concurrent Enrollment Partnership certified
program according to an agreement under section 124D.09,
subdivision 10, is eligible to receive aid to support the costs
associated with providing postsecondary courses at the high
school.
new text end

new text begin Subd. 2. new text end

new text begin Aid. new text end

new text begin An eligible district shall receive $150
per pupil enrolled in a course that is part of a program
certified by the National Alliance of Concurrent Enrollment
Partnership. The money must be used to defray the cost of
delivering the course at the high school. The commissioner
shall establish application procedures and deadlines for receipt
of aid payments.
new text end

Sec. 42.

Minnesota Statutes 2004, section 124D.10,
subdivision 3, is amended to read:

Subd. 3.

Sponsor.

(a) A school board; intermediate
school district school board; education district organized under
sections 123A.15 to 123A.19; charitable organization under
section 501(c)(3) of the Internal Revenue Code of 1986 that is a
member of the Minnesota Council of Nonprofits or the Minnesota
Council on Foundations, registered with the attorney general's
office, and reports an end-of-year fund balance of at least
$2,000,000; Minnesota private college that grants two- or
four-year degrees and is registered with the Higher Education
Services Office under chapter 136A; community college, state
university, or technical college, governed by the Board of
Trustees of the Minnesota State Colleges and Universities; new text begin the
Board of the Perpich Center for Arts Education under chapter
129C; new text end or the University of Minnesota may sponsor one or more
charter schools.

(b) 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 sponsor one or more charter schools if the charter
school has operated for at least three years under a different
sponsor and if the nonprofit corporation has existed for at
least 25 years.

Sec. 43.

Minnesota Statutes 2004, 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 marginal cost 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 .0485,
calculated without basic skills revenue, new text begin extended time revenue,
transition revenue, new text end and transportation sparsity revenue, plus
basic skills revenue new text begin , extended time revenue, new text end and transition
revenue as though the school were a school district. new text begin The
general education revenue for each extended time marginal cost
pupil unit equals $4,378.
new text end

(b) Notwithstanding paragraph (a), for charter schools in
the first year of operation, general education revenue shall be
computed using the number of adjusted pupil units in the current
fiscal year.

Sec. 44.

Minnesota Statutes 2004, section 124D.11,
subdivision 6, is amended to read:

Subd. 6.

Other aid, grants, revenue.

(a) A charter
school is eligible to receive other aids, grants, and revenue
according to chapters 120A to 129C, as though it were a district.

(b) Notwithstanding paragraph (a), a charter school may not
receive aid, a grant, or revenue if a levy is required to obtain
the money, new text begin or if the aid, grant, or revenue is a replacement of
levy revenue, new text end except as otherwise provided in this section.

(c) Federal aid received by the state must be paid to the
school, if it qualifies for the aid as though it were a school
district.

(d) A charter school may receive money from any source for
capital facilities needs. In the year-end report to the
commissioner of education, the charter school shall report the
total amount of funds received from grants and other outside
sources.

Sec. 45.

Minnesota Statutes 2004, section 124D.66,
subdivision 3, is amended to read:

Subd. 3.

Eligible services.

(a) Assurance of mastery
programs may provide direct instructional services to an
eligible pupil, or a group of eligible pupils, under the
following conditions in paragraphs (b) to (d).

(b) Instruction may be provided at one or more grade levels
from kindergarten to grade 8 and for students in grades 9
through 12 who new text begin were enrolled in grade 8 before the 2005-2006
school year and new text end have failed the basic skills tests new text begin , or were
enrolled in grade 8 in the 2005-2006 school year and later and
who have failed the Minnesota Comprehensive Assessments
(MCA-IIs) in reading, mathematics, or writing as required for
high school graduation under section 120B.02 new text end . If an assessment
of pupils' needs within a district demonstrates that the
eligible pupils in grades kindergarten to grade 8 are being
appropriately served, a district may serve eligible pupils in
grades 9 to 12.

(c) Instruction must be provided under the supervision of
the eligible pupil's regular classroom teacher. Instruction may
be provided by the eligible pupil's classroom teacher, by
another teacher, by a team of teachers, or by an education
assistant or aide. A special education teacher may provide
instruction, but instruction that is provided under this section
is not eligible for aid under section 125A.76.

(d) The instruction that is provided must differ from the
initial instruction the pupil received in the regular classroom
setting. The instruction may differ by presenting different
curriculum than was initially presented in the regular classroom
or by presenting the same curriculum:

(1) at a different rate or in a different sequence than it
was initially presented;

(2) using different teaching methods or techniques than
were used initially; or

(3) using different instructional materials than were used
initially.

Sec. 46.

Minnesota Statutes 2004, 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, new text begin charter, new text end 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 academic achievement,
retention, and attendance; development of support components for
staff, including in-service training and technical assistance in
methods of teaching American Indian pupils; research projects,
including experimentation with and evaluation of methods of
relating to American Indian pupils; provision of personal and
vocational 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 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. 47.

Minnesota Statutes 2004, section 124D.81,
subdivision 1, is amended to read:

Subdivision 1.

Grants; procedures.

Each fiscal year the
commissioner of education must make grants to no fewer than six
American Indian education programs. At least three programs
must be in urban areas and at least three must be on or near
reservations. The board of a local district, a participating
school or a group of boards may develop a proposal for grants in
support of American Indian education programs. Proposals may
provide for contracts for the provision of program components by
nonsectarian nonpublic, community, tribal, new text begin charter, new text end or
alternative schools. The commissioner shall prescribe the form
and manner of application for grants, and no grant shall be made
for a proposal not complying with the requirements of sections
124D.71 to 124D.82. deleted text begin The commissioner must submit all proposals
to the state Advisory Committee on American Indian Education
Programs for its recommendations concerning approval,
modification, or disapproval and the amounts of grants to
approved programs.
deleted text end

Sec. 48.

Minnesota Statutes 2004, section 124D.84,
subdivision 1, is amended to read:

Subdivision 1.

Awards.

The commissioner deleted text begin , with the advice
and counsel of the Minnesota Indian Education Committee, deleted text end may
award scholarships to any Minnesota resident student who is of
one-fourth or more Indian ancestry, who has applied for other
existing state and federal scholarship and grant programs, and
who, in the opinion of the commissioner, has the capabilities to
benefit from further education. Scholarships must be for
accredited degree programs in accredited Minnesota colleges or
universities or for courses in accredited Minnesota business,
technical, or vocational schools. Scholarships may also be
given to students attending Minnesota colleges that are in
candidacy status for obtaining full accreditation, and are
eligible for and receiving federal financial aid programs.
Students are also eligible for scholarships when enrolled as
students in Minnesota higher education institutions that have
joint programs with other accredited higher education
institutions. Scholarships shall be used to defray the total
cost of education including tuition, incidental fees, books,
supplies, transportation, other related school costs and the
cost of board and room and shall be paid directly to the college
or school concerned where the student receives federal financial
aid. The total cost of education includes all tuition and fees
for each student enrolling in a public institution and the
portion of tuition and fees for each student enrolling in a
private institution that does not exceed the tuition and fees at
a comparable public institution. Each student shall be awarded
a scholarship based on the total cost of the student's education
and a federal standardized need analysis. Applicants are
encouraged to apply for all other sources of financial aid. deleted text begin The
amount and type of each scholarship shall be determined through
the advice and counsel of the Minnesota Indian education
committee.
deleted text end

When an Indian student satisfactorily completes the work
required by a certain college or school in a school year the
student is eligible for additional scholarships, if additional
training is necessary to reach the student's educational and
vocational objective. Scholarships may not be given to any
Indian student for more than five years of study deleted text begin without special
recommendation of the Minnesota Indian Education Committee deleted text end .

Sec. 49.

Minnesota Statutes 2004, section 126C.10,
subdivision 1, is amended to read:

Subdivision 1.

General education revenue.

(a) For fiscal
year 2003, the general education revenue for each district
equals the sum of the district's basic revenue, basic skills
revenue, training and experience revenue, secondary sparsity
revenue, elementary sparsity revenue, transportation sparsity
revenue, total operating capital revenue, and equity revenue.

(b) For fiscal year 2004 and later, the general education
revenue for each district equals the sum of the district's basic
revenue, extended time revenue, basic skills revenue, new text begin gifted and
talented revenue, new text end training and experience revenue, secondary
sparsity revenue, elementary sparsity revenue, transportation
sparsity revenue, total operating capital revenue, equity
revenue, and transition revenue.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006 and later.
new text end

Sec. 50.

Minnesota Statutes 2004, section 126C.10, is
amended by adding a subdivision to read:

new text begin Subd. 2b. new text end

new text begin Gifted and talented revenue. new text end

new text begin Gifted and
talented revenue for each district equals $10 times the
district's adjusted marginal cost pupil units. A school
district must reserve gifted and talented revenue and,
consistent with section 120B.15, must spend the revenue only to:
new text end

new text begin (1) identify gifted and talented students;
new text end

new text begin (2) provide education programs for gifted and talented
students; or
new text end

new text begin (3) provide staff development to prepare teachers to best
meet the unique needs of gifted and talented students.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006 and later.
new text end

Sec. 51.

new text begin [127A.095] IMPLEMENTATION OF NO CHILD LEFT
BEHIND ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Continued implementation. new text end

new text begin The Department
of Education shall continue to implement the federal No Child
Left Behind Act, Public Law 107-110, without interruption until
June 30, 2006.
new text end

new text begin Subd. 2. new text end

new text begin No child left behind nullification. new text end

new text begin (a) The
consolidated state plan submitted by the state to the federal
Department of Education on implementing the No Child Left Behind
Act, Public Law 107-110, and any other Minnesota state contract
or agreement under the provisions of the No Child Left Behind
Act, shall be nullified and revoked by the commissioner of
education on July 1, 2006.
new text end

new text begin (b) The commissioner shall report to the education funding
divisions and the education policy committees of the house of
representatives and the senate by April 1, 2006, whether the
following conditions have been met:
new text end

new text begin (1) the Department of Education has received approval from
the federal Department of Education to allow the state to
develop a plan using multiple measures including value-added
measurement of student achievement in addition to relying on
standardized test results to evaluate school and student
performance for the purpose of determining adequate yearly
progress;
new text end

new text begin (2) the Department of Education has received approval from
the federal Department of Education to allow the state to
average three years of data for the purposes of identifying a
school for improvement;
new text end

new text begin (3) the Department of Education has developed a plan and
model legislation to ensure that if an adequate yearly progress
determination was made in error, that the error will not
adversely affect the school's or school district's sanction
status in subsequent years. The Department of Education must
have a policy in place to correct errors to accountability
reports;
new text end

new text begin (4) the Department of Education has reported the additional
costs for state fiscal years 2006 to 2009 that the No Child Left
Behind Act imposes on the state, the state's school districts,
and charter schools that are in excess of costs associated with
the Improving America's Schools Act of 1994, Public Law 103-382;
new text end

new text begin (5) the Department of Education has received approval from
the federal Department of Education to allow the state to use No
Child Left Behind money to provide supplemental education
services only in the academic subject area that causes a school
to miss adequate yearly progress;
new text end

new text begin (6) the Department of Education has received approval from
the federal Department of Education to exclude from sanctions
schools that have not made adequate yearly progress solely due
to a subgroup of students with disabilities not testing at a
proficient level;
new text end

new text begin (7) the Department of Education has received approval from
the federal Department of Education to exclude from sanctions a
school that is classified as not having made adequate yearly
progress solely due to different subgroups testing below
proficient levels for at least two consecutive years;
new text end

new text begin (8) the Department of Education has received approval from
the federal Department of Education to identify a school as not
making adequate yearly progress only after missing the adequate
yearly progress targets in the same subject and subgroup for two
consecutive years;
new text end

new text begin (9) the Department of Education has received approval from
the federal Department of Education to identify a district as in
need of improvement only after missing the adequate yearly
progress target in the same subject across multiple grade spans
for two consecutive years;
new text end

new text begin (10) the Department of Education has received approval from
the federal Department of Education to limit the score of a
student within multiple subgroups to the one subgroup that is
the smallest subgroup in which that student is a part of when
calculating adequate yearly progress;
new text end

new text begin (11) the Department of Education has implemented a uniform
financial reporting system for school districts to report costs
related to implementing No Child Left Behind Act requirements,
including the costs of complying with sanctions;
new text end

new text begin (12) the Department of Education has received approval from
the federal Department of Education to determine the percentage
of the special education students that would be best educated
based on out-of-level standards and tested accordingly based on
an individual education plan; and
new text end

new text begin (13) the Department of Education has received approval from
the federal Department of Education to determine when to hold
schools accountable for including a student with limited English
proficiency in adequate yearly progress calculations.
new text end

new text begin (c) The state's continued implementation of the No Child
Left Behind Act shall be discontinued effective July 1, 2006,
unless the legislature passes a law during the 2006 regular
legislative session establishing the legislature's satisfaction
that the requirements under paragraph (b) have been met.
new text end

new text begin Subd. 3. new text end

new text begin Department of finance certification. new text end

new text begin If the
legislature does not pass a law authorizing continued
implementation of the No Child Left Behind Act under subdivision
2, paragraph (c), the commissioner of finance shall certify and
report to the legislature beginning January 1, 2007, and each
year thereafter the amount of federal revenue, if any, that has
been withheld by the federal government as a result of the
state's discontinued implementation of the No Child Left Behind
Act. The report shall also specify the intended purpose of the
federal revenue and the amount of revenue withheld from the
state, each school district, and each charter school in each
fiscal year.
new text end

new text begin Subd. 4. new text end

new text begin Annual contingent appropriation. new text end

new text begin For fiscal
year 2007 and thereafter, an amount equal to the federal revenue
withheld in the same fiscal year as a result of the state's
discontinued implementation of the No Child Left Behind Act, as
certified by the commissioner of finance under subdivision 3, is
appropriated from the general fund to the commissioner of
education. The commissioner of education shall allocate the
appropriation under this section according to the report from
the commissioner of finance in subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 52.

new text begin [129C.105] BOARD MEETINGS BY TELEPHONE OR OTHER
ELECTRONIC MEANS.
new text end

new text begin (a) Notwithstanding section 13D.01 and if complying with
section 13D.02 is impractical, the board for the Perpich Center
for Arts Education may conduct a meeting of its members by
telephone or other electronic means so long as the following
conditions are met:
new text end

new text begin (1) all members of the board participating in the meeting,
wherever their physical location, can hear one another and all
discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting
location of the board can hear all discussion and testimony and
all votes of members of the board;
new text end

new text begin (3) at least one member of the board is physically present
at the regular meeting location; and
new text end

new text begin (4) all votes are conducted by roll call, so each member's
vote on each issue can be identified and recorded.
new text end

new text begin (b) Each member of the board participating in a meeting by
telephone or other electronic means is considered present at the
meeting for purposes of determining a quorum and participating
in all proceedings.
new text end

new text begin (c) If telephone or other electronic means is used to
conduct a meeting, the board, to the extent practical, shall
allow a person to monitor the meeting electronically from a
remote location. The board may require the person making such a
connection to pay for documented marginal costs that the board
incurs as a result of the additional connection.
new text end

new text begin (d) If telephone or other electronic means is used to
conduct a regular, special, or emergency meeting, the board
shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (c). The
timing and method of providing notice is governed by section
13D.04.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 53.

Minnesota Statutes 2004, section 179A.03,
subdivision 14, is amended to read:

Subd. 14.

Public employee or employee.

"Public employee"
or "employee" means any person appointed or employed by a public
employer except:

(a) elected public officials;

(b) election officers;

(c) commissioned or enlisted personnel of the Minnesota
National Guard;

(d) emergency employees who are employed for emergency work
caused by natural disaster;

(e) part-time employees whose service does not exceed the
lesser of 14 hours per week or 35 percent of the normal work
week in the employee's appropriate unit;

(f) employees whose positions are basically temporary or
seasonal in character and: (1) are not for more than 67 working
days in any calendar year; or (2) are not for more than 100
working days in any calendar year and the employees are under
the age of 22, are full-time students enrolled in a nonprofit or
public educational institution prior to being hired by the
employer, and have indicated, either in an application for
employment or by being enrolled at an educational institution
for the next academic year or term, an intention to continue as
students during or after their temporary employment;

(g) employees providing services for not more than two
consecutive quarters to the Board of Trustees of the Minnesota
State Colleges and Universities under the terms of a
professional or technical services contract as defined in
section 16C.08, subdivision 1;

(h) employees of charitable hospitals as defined by section
179.35, subdivision 3;

(i) full-time undergraduate students employed by the school
which they attend under a work-study program or in connection
with the receipt of financial aid, irrespective of number of
hours of service per week;

(j) an individual who is employed for less than 300 hours
in a fiscal year as an instructor in an adult vocational
education program;

(k) an individual hired by the Board of Trustees of the
Minnesota State Colleges and Universities to teach one course
for three or fewer credits for one semester in a year;

(l) with respect to court employees:

(1) personal secretaries to judges;

(2) law clerks;

(3) managerial employees;

(4) confidential employees; and

(5) supervisory employees.

The following individuals are public employees regardless
of the exclusions of clauses (e) and (f):

(i) an employee hired by a school district or the Board of
Trustees of the Minnesota State Colleges and Universities except
at the university established in section 136F.13 or for
community services or community education instruction offered on
a noncredit basis: (A) to replace an absent teacher or faculty
member who is a public employee, where the replacement employee
is employed more than 30 working days as a replacement for that
teacher or faculty member; or (B) to take a teaching position
created due to increased enrollment, curriculum expansion,
courses which are a part of the curriculum whether offered
annually or not, or other appropriate reasons; deleted text begin and
deleted text end

(ii) an employee hired for a position under clause (f)(1)
if that same position has already been filled under clause
(f)(1) in the same calendar year and the cumulative number of
days worked in that same position by all employees exceeds 67
calendar days in that year. For the purpose of this paragraph,
"same position" includes a substantially equivalent position if
it is not the same position solely due to a change in the
classification or title of the position new text begin ; and
new text end

new text begin (iii) an early childhood family education teacher employed
by a school district new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 54.

Minnesota Statutes 2004, section 260C.201,
subdivision 1, is amended to read:

Subdivision 1.

Dispositions.

(a) If the court finds that
the child is in need of protection or services or neglected and
in foster care, it shall enter an order making any of the
following dispositions of the case:

(1) place the child under the protective supervision of the
responsible social services agency or child-placing agency in
the home of a parent of the child under conditions prescribed by
the court directed to the correction of the child's need for
protection or services:

(i) the court may order the child into the home of a parent
who does not otherwise have legal custody of the child, however,
an order under this section does not confer legal custody on
that parent;

(ii) if the court orders the child into the home of a
father who is not adjudicated, he must cooperate with paternity
establishment proceedings regarding the child in the appropriate
jurisdiction as one of the conditions prescribed by the court
for the child to continue in his home;

(iii) the court may order the child into the home of a
noncustodial parent with conditions and may also order both the
noncustodial and the custodial parent to comply with the
requirements of a case plan under subdivision 2; or

(2) transfer legal custody to one of the following:

(i) a child-placing agency; or

(ii) the responsible social services agency. In placing a
child whose custody has been transferred under this paragraph,
the agencies shall make an individualized determination of how
the placement is in the child's best interests using the
consideration for relatives and the best interest factors in
section 260C.212, subdivision 2, paragraph (b); or

(3) if the child has been adjudicated as a child in need of
protection or services because the child is in need of special
services or care to treat or ameliorate a physical or mental
disability, the court may order the child's parent, guardian, or
custodian to provide it. The court may order the child's health
plan company to provide mental health services to the child.
Section 62Q.535 applies to an order for mental health services
directed to the child's health plan company. If the health
plan, parent, guardian, or custodian fails or is unable to
provide this treatment or care, the court may order it
provided. Absent specific written findings by the court that
the child's disability is the result of abuse or neglect by the
child's parent or guardian, the court shall not transfer legal
custody of the child for the purpose of obtaining special
treatment or care solely because the parent is unable to provide
the treatment or care. If the court's order for mental health
treatment is based on a diagnosis made by a treatment
professional, the court may order that the diagnosing
professional not provide the treatment to the child if it finds
that such an order is in the child's best interests; or

(4) if the court believes that the child has sufficient
maturity and judgment and that it is in the best interests of
the child, the court may order a child 16 years old or older to
be allowed to live independently, either alone or with others as
approved by the court under supervision the court considers
appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional
alternative for a child.

(b) If the child was adjudicated in need of protection or
services because the child is a runaway or habitual truant, the
court may order any of the following dispositions in addition to
or as alternatives to the dispositions authorized under
paragraph (a):

(1) counsel the child or the child's parents, guardian, or
custodian;

(2) place the child under the supervision of a probation
officer or other suitable person in the child's own home under
conditions prescribed by the court, including reasonable rules
for the child's conduct and the conduct of the parents,
guardian, or custodian, designed for the physical, mental, and
moral well-being and behavior of the child; or with the consent
of the commissioner of corrections, place the child in a group
foster care facility which is under the commissioner's
management and supervision;

(3) subject to the court's supervision, transfer legal
custody of the child to one of the following:

(i) a reputable person of good moral character. No person
may receive custody of two or more unrelated children unless
licensed to operate a residential program under sections 245A.01
to 245A.16; or

(ii) a county probation officer for placement in a group
foster home established under the direction of the juvenile
court and licensed pursuant to section 241.021;

(4) require the child to pay a fine of up to $100. The
court shall order payment of the fine in a manner that will not
impose undue financial hardship upon the child;

(5) require the child to participate in a community service
project;

(6) order the child to undergo a chemical dependency
evaluation and, if warranted by the evaluation, order
participation by the child in a drug awareness program or an
inpatient or outpatient chemical dependency treatment program;

(7) if the court believes that it is in the best interests
of the child deleted text begin and deleted text end new text begin or new text end of public safety that the child's driver's
license or instruction permit be canceled, the court may order
the commissioner of public safety to cancel the child's license
or permit for any period up to the child's 18th birthday. If
the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to
the child's 18th birthday. The court shall forward an order
issued under this clause to the commissioner, who shall cancel
the license or permit or deny driving privileges without a
hearing for the period specified by the court. At any time
before the expiration of the period of cancellation or denial,
the court may, for good cause, order the commissioner of public
safety to allow the child to apply for a license or permit, and
the commissioner shall so authorize;

(8) order that the child's parent or legal guardian deliver
the child to school at the beginning of each school day for a
period of time specified by the court; or

(9) require the child to perform any other activities or
participate in any other treatment programs deemed appropriate
by the court.

To the extent practicable, the court shall enter a
disposition order the same day it makes a finding that a child
is in need of protection or services or neglected and in foster
care, but in no event more than 15 days after the finding unless
the court finds that the best interests of the child will be
served by granting a delay. If the child was under eight years
of age at the time the petition was filed, the disposition order
must be entered within ten days of the finding and the court may
not grant a delay unless good cause is shown and the court finds
the best interests of the child will be served by the delay.

(c) If a child who is 14 years of age or older is
adjudicated in need of protection or services because the child
is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board
or county attorney mediation program under section 260A.06 or
260A.07, the court shall order a cancellation or denial of
driving privileges under paragraph (b), clause (7), for any
period up to the child's 18th birthday.

(d) In the case of a child adjudicated in need of
protection or services because the child has committed domestic
abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time,
finds the parent is able or willing to provide an alternative
safe living arrangement for the child, as defined in Laws 1997,
chapter 239, article 10, section 2.

(e) When a parent has complied with a case plan ordered
under subdivision 6 and the child is in the care of the parent,
the court may order the responsible social services agency to
monitor the parent's continued ability to maintain the child
safely in the home under such terms and conditions as the court
determines appropriate under the circumstances.

Sec. 55. new text begin CONCURRENT ENROLLMENT MATHEMATICS AND SCIENCE
PARTNERSHIP PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Grants. new text end

new text begin The commissioner of education
shall award grants to partnerships between one or more
postsecondary institutions and one or more school districts to
expand mathematics and science courses offered in the high
school and enhance staff development. The courses must be
offered at the high school under an agreement between the
governing board of an eligible public postsecondary system or an
eligible private institution and a public school board, as
described in Minnesota Statutes, section 124D.09, subdivision
10. Each partnership must include at least one postsecondary
institution and one school district. The grants must be awarded
to collaborative efforts that:
new text end

new text begin (1) increase the number of postsecondary-level mathematics
and science courses provided to high school students at the
student's high school; and
new text end

new text begin (2) develop or enhance the staff training and ongoing
support services provided by postsecondary faculty to high
school teachers teaching college in the school's agreement
courses in the high school.
new text end

new text begin Subd. 2. new text end

new text begin Accreditation. new text end

new text begin To establish a uniform standard
by which courses and professional development activities may be
measured, postsecondary institutions applying for a grant under
this section are encouraged to apply for accreditation by the
National Alliance of Concurrent Enrollment Partnerships.
new text end

new text begin Subd. 3. new text end

new text begin Application process. new text end

new text begin The commissioner of
education shall develop the process by which a partnership must
apply for a grant. The P-16 Education Partnership shall review
and comment on the grant applications and make recommendations
to the commissioner regarding the partnerships that should be
funded. In selecting projects for funding, the commissioner
must ensure that there is a balance in the number of mathematics
and science courses offered as part of this initiative.
new text end

new text begin Subd. 4. new text end

new text begin Criteria. new text end

new text begin The application for grant money under
this section must include, at a minimum, the following
information:
new text end

new text begin (1) specification of the goals to be achieved through the
delivery of courses and faculty staff development and support
activities;
new text end

new text begin (2) a description of the courses to be offered at the high
schools and the initial and ongoing training and support that
will be provided to high school faculty teaching courses under
this program;
new text end

new text begin (3) a description of the eligibility requirements for
students participating in the program and the number of students
that will be served;
new text end

new text begin (4) a description of the curriculum enhancements and
efficiencies to be achieved in the delivery of instruction
through the partnership;
new text end

new text begin (5) a description of how the goals established for the
course delivery and faculty staff development and support
activities will be evaluated to determine if the goals of the
partnership were met; and
new text end

new text begin (6) other information as identified by the commissioner.
new text end

Sec. 56. new text begin COLLEGE PREPARATION STANDARDS.
new text end

new text begin (a) The Higher Education Advisory Council must convene a
working group to develop standards describing the skills and
knowledge a high school graduate must have at entry into
postsecondary education in order to successfully graduate from
college. The standards must, to the extent possible, be
applicable for all postsecondary education but may describe
differences in the skills and knowledge necessary for success in
different higher education institutions and programs. The
standards need not be comprehensive but must, at a minimum, be
the essential skills and knowledge that will enable a student to
succeed in college. The Higher Education Services Office must
provide staff for the working group.
new text end

new text begin (b) The Higher Education Advisory Council must submit the
standards to the commissioner of education no later than January
15, 2006. No later than March 15, 2006, the commissioner of
education must report, to the chairs of the legislative
committees with jurisdiction over kindergarten through grade 12
education policy and finance and higher education policy and
finance, its recommendations regarding the changes, if any, that
must be made in Minnesota's academic standards in order to
ensure that Minnesota high school graduates meet the college
readiness standards established by the Higher Education Advisory
Council.
new text end

new text begin (c) The Higher Education Advisory Council must invite the
University of Minnesota, Minnesota State Colleges and
Universities, representatives of private colleges, and other
private postsecondary institutions, to participate in the
working group and may invite other individuals or entities to
participate. The Higher Education Advisory Council and its
working group may collaborate with the Minnesota P-16 Education
Partnership in developing the college readiness standards.
new text end

Sec. 57. new text begin MINNESOTA COMPREHENSIVE ASSESSMENTS; RULES.
new text end

new text begin The commissioner of education shall adopt rules on or
before January 1, 2005, to implement the Minnesota Comprehensive
Assessments Second Edition (MCA-IIs) in reading, mathematics,
and writing. For purposes of state and local high school
graduation requirements, the rules must include criteria
enabling school districts to:
new text end

new text begin (1) appropriately accommodate a student who fails but seeks
to pass the Minnesota Comprehensive Assessments Second Edition;
and
new text end

new text begin (2) exempt a disabled student, consistent with the
student's individualized education plan, or an English language
learner from the Minnesota Comprehensive Assessments Second
Edition or administer an alternative assessment either to a
disabled student, consistent with the student's individualized
education plan, or to an English language learner.
new text end

Sec. 58. new text begin HEALTH AND PHYSICAL EDUCATION MODEL BENCHMARKS.
new text end

new text begin By July 1, 2006, the commissioner of education must
transmit to school districts model kindergarten through grade 12
health and physical education benchmarks developed by the
department's health and physical education quality teaching
network.
new text end

Sec. 59. new text begin RULES FOR SUPPLEMENTAL SERVICE PROVIDERS.
new text end

new text begin The commissioner of education must amend Minnesota Rules,
part 3512.5400, relating to supplemental service providers to
include outcome standards. The commissioner must include in the
amended rules criteria to remove an education service provider
from the listing of approved service providers if they fail to
meet the outcome standards.
new text end

Sec. 60. new text begin EVALUATING THE EDUCATIONAL IMPACT OF FEDERAL AND
STATE TESTS ON KINDERGARTEN THROUGH GRADE 12 STUDENTS.
new text end

new text begin (a) The Office of Educational Accountability under
Minnesota Statutes, section 120B.31, subdivision 3, must
evaluate the educational impact of the federal No Child Left
Behind Act and other state and federal laws requiring school
districts to administer tests to kindergarten through grade 12
students. The evaluation at least must address:
new text end

new text begin (1) potential educational costs to kindergarten through
grade 12 public school students through the 2013-2014 school
year of complying with testing requirements;
new text end

new text begin (2) educational factors that may increase or decrease the
educational costs identified under clause (1);
new text end

new text begin (3) the impact of testing requirements on the statewide
accountability system, teacher training and employment, and
curriculum development; and
new text end

new text begin (4) the relationship between the testing requirements,
postsecondary entrance requirements and the expectations of the
business community regarding the educational preparation of new
high school graduates seeking employment.
new text end

new text begin The Office of Educational Accountability, at its
discretion, may include additional areas for evaluation.
new text end

new text begin (b) In preparing this evaluation, the Office of Educational
Accountability must select a sample of school districts to
explore in depth the areas listed in paragraph (a). The school
districts must be of varying sizes and geographical locations,
and must include some districts with schools designated by the
state Department of Education as "needing improvement" under the
No Child Left Behind Act. The Office of Educational
Accountability must contact school officials, employees of
postsecondary institutions, and representatives of business
communities from throughout the state to collect information and
perceptions related to the evaluation. State and local entities
must cooperate with and assist the Office of Educational
Accountability with this evaluation at the request of the Office
of Educational Accountability.
new text end

new text begin (c) The Office of Educational Accountability must submit
the evaluation in writing to the chairs of the legislative
committees in the house and senate charged with oversight of
kindergarten through grade 12 education policy and finance by
February 15, 2006.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 61. new text begin MODEL POLICY; INTIMIDATION AND BULLYING.
new text end

new text begin The commissioner of education shall work with the Minnesota
School Boards Association to develop a model policy that
prohibits intimidating and bullying as required in Minnesota
Statutes, section 121A.0695, subdivision 2.
new text end

Sec. 62. new text begin LICENSED STUDENT SUPPORT SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Access to services. new text end

new text begin School districts and
the Department of Education shall work to provide for students'
educational achievement, to provide for student safety, and to
enhance student physical, emotional, and social well-being by
providing access to licensed student support services, such as
licensed school nurses, licensed school counselors, licensed
school social workers, and licensed school psychologists.
new text end

new text begin Subd. 2. new text end

new text begin Funding. new text end

new text begin Districts and the department shall
explore opportunities for obtaining additional funds to improve
students' access to needed licensed student support services
including, but not limited to, medical assistance
reimbursements, local collaborative time study funds, federal
funds, public health funds, and specifically designated funds.
new text end

new text begin Subd. 3. new text end

new text begin Improving access. new text end

new text begin Districts and the department
must consider nationally recommended licensed staff-to-student
ratios, work loads, and best practices when working to improve
student access to needed licensed student support services.
new text end

Sec. 63. new text begin BOARD OF TEACHING REPORT.
new text end

new text begin By January 16, 2006, the Board of Teaching, in consultation
with the Department of Education and other education
stakeholders, must prepare and submit to the education
committees of the legislature proposed licensure requirements
for teachers of interdisciplinary curriculum to facilitate
learning in state-approved innovative schools and programs.
new text end

Sec. 64. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of education. new text end

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

new text begin Subd. 2. new text end

new text begin Concurrent enrollment program aid. new text end

new text begin For
concurrent enrollment program aid:
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2007
new text end

new text begin Subd. 3. new text end

new text begin Concurrent enrollment mathematics and science
partnership. new text end

new text begin For concurrent enrollment mathematics and science
partnership program grants:
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2007
new text end

new text begin Subd. 4. new text end

new text begin National alliance of concurrent enrollment
partnership; university of minnesota. new text end

new text begin For transfer to the Board
of Regents of the University of Minnesota for institutions
receiving partnership grants to become provisional members of
the National Alliance of Concurrent Enrollment Partnership:
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2007
new text end

new text begin Subd. 5. new text end

new text begin National alliance of concurrent enrollment
partnership; mnscu. new text end

new text begin For transfer to the Board of Trustees of
the Minnesota State Colleges and Universities for institutions
receiving partnership grants to become provisional members of
the National Alliance of Concurrent Enrollment Partnership:
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2007
new text end

new text begin Subd. 6. new text end

new text begin Schools mentoring schools regional sites. new text end

new text begin For
schools mentoring schools regional sites:
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2007
new text end

new text begin Any balance remaining in the first year does not cancel but
is available in the second year.
new text end

new text begin Subd. 7. new text end

new text begin Principled practices aid. new text end

new text begin For principled pay
practices aid:
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2007
new text end

Sec. 65. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 121A.23, 122A.414, and
122A.415, are repealed.
new text end

ARTICLE 2

SPECIAL PROGRAMS

Section 1.

Minnesota Statutes 2004, section 121A.66,
subdivision 5, is amended to read:

Subd. 5.

Emergency.

"Emergency" means a situation in
which immediate intervention is necessary to protect a pupil or
other individual from physical injury or to prevent new text begin serious
new text end property damage.

Sec. 2.

Minnesota Statutes 2004, section 121A.66, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Positive behavioral interventions and
supports. new text end

new text begin "Positive behavioral interventions and supports"
means those strategies used to improve the school environment
and teach pupils skills likely to increase their ability to
exhibit appropriate behaviors.
new text end

Sec. 3.

Minnesota Statutes 2004, section 121A.66, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Time-out. new text end

new text begin "Time-out" means:
new text end

new text begin (1) a contingent observation, which is not a regulated
intervention, and involves instructing the pupil to leave the
school activity during the school day and not participate for a
period of time, but to observe the activity and listen to the
discussion from a time-out area within the same setting;
new text end

new text begin (2) an exclusionary time-out, which is not a regulated
intervention, and involves instructing the pupil to leave the
school activity during the school day and not participate in or
observe the classroom activity, but to go to another area from
which the pupil may leave; or
new text end

new text begin (3) a locked time-out, which is a regulated intervention,
and involves involuntarily removing the pupil from the school
activity during the school day and placing the pupil in a
specially designed and continuously supervised isolation room
that the pupil is prevented from leaving.
new text end

Sec. 4.

Minnesota Statutes 2004, section 121A.67, is
amended to read:

121A.67 AVERSIVE AND DEPRIVATION PROCEDURES.

new text begin Subdivision 1. new text end

new text begin Rules. new text end

The commissioner new text begin , after
consultation with interested parent organizations and advocacy
groups, the Minnesota Administrators for Special Education, the
Minnesota Association of School Administrators, Education
Minnesota, the Minnesota School Boards Association, the
Minnesota Police Officers Association, a representative of a
bargaining unit that represents paraprofessionals, and the
Elementary School Principals Association and the Secondary
School Principals Association, new text end must deleted text begin adopt deleted text end new text begin amend new text end rules governing
the use of aversive and deprivation procedures by school
district employees or persons under contract with a school
district. The rules must:

(1) promote the use of positive deleted text begin approaches deleted text end new text begin behavioral
interventions and supports new text end and must not encourage or require the
use of aversive or deprivation procedures;

(2) require that planned application of aversive and
deprivation procedures new text begin only new text end be deleted text begin a part of an deleted text end new text begin instituted after
completing a functional behavior assessment and developing a
behavior intervention plan that is included in or maintained
with the new text end individual education plan;

(3) require deleted text begin parents or guardians to be notified after the
use of deleted text end new text begin educational personnel to notify a parent or guardian of a
pupil with an individual education plan on the same day new text end aversive
or deprivation procedures new text begin are used new text end in an emergency new text begin or in writing
within two school days if district personnel are unable to
provide same-day notice new text end ;

(4) establish health and safety standards for the use of
new text begin locked new text end time-out procedures that require a safe environment,
continuous monitoring of the child, ventilation, deleted text begin and deleted text end adequate
space new text begin , a locking mechanism that disengages automatically when
not continuously engaged by school personnel, and full
compliance with state and local fire and building codes,
including state rules on time-out rooms new text end ; deleted text begin and
deleted text end

(5) contain a list of prohibited procedures new text begin ;
new text end

new text begin (6) consolidate and clarify provisions related to behavior
intervention plans;
new text end

new text begin (7) require school districts to register with the
commissioner any room used for locked time-out, which the
commissioner must monitor by making announced and unannounced
on-site visits;
new text end

new text begin (8) place a student in locked time-out only if the
intervention is:
new text end

new text begin (i) part of the comprehensive behavior intervention plan
that is included in or maintained with the student's individual
education plan, and the plan uses positive behavioral
interventions and supports, and data support its continued use;
or
new text end

new text begin (ii) used in an emergency for the duration of the emergency
only; and
new text end

new text begin (9) require a providing school district or cooperative to
establish an oversight committee composed of at least one member
with training in behavioral analysis and other appropriate
education personnel to annually review aggregate data regarding
the use of aversive and deprivation procedures new text end .

new text begin Subd. 2. new text end

new text begin Removal by peace officer. new text end

new text begin If a pupil who has an
individual education plan is restrained or removed from a
classroom, school building, or school grounds by a peace officer
at the request of a school administrator or a school staff
person during the school day twice in a 30-day period, the
pupil's individual education program team must meet to determine
if the pupil's individual education plan is adequate or if
additional evaluation is needed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 1 of this section is
effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2004, section 122A.15, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Student support services advisory committee;
district plan. new text end

new text begin (a) A student support services advisory
committee composed of ten members selected by the commissioner
is established under section 15.059. The commissioner must
select one committee member from each of the following
organizations:
new text end

new text begin (1) the Minnesota Department of Education;
new text end

new text begin (2) the Minnesota School Boards Association;
new text end

new text begin (3) the Minnesota Association of School Administrators;
new text end

new text begin (4) the Minnesota School Social Work Association;
new text end

new text begin (5) the School Nurse Organization of Minnesota;
new text end

new text begin (6) the Minnesota School Psychologists Association;
new text end

new text begin (7) the Minnesota School Counselors Association;
new text end

new text begin (8) the Minnesota Association of Resources for Recovery and
Chemical Health;
new text end

new text begin (9) the Minnesota Administrators for Special Education; and
new text end

new text begin (10) the Minnesota Parent Teachers Association.
new text end

new text begin (b) The committee must:
new text end

new text begin (1) establish a method for identifying student needs that
are barriers to learning;
new text end

new text begin (2) identify alternatives for integrating student support
services into public schools;
new text end

new text begin (3) recommend support staff to student ratios and best
practices for providing student support services premised on
evidence-based practice;
new text end

new text begin (4) identify the substance and extent of the work that
student support services staff are trained and licensed to
provide and the characteristics of the student populations they
serve;
new text end

new text begin (5) recommend how school districts can most appropriately
integrate student support services into the education program;
and
new text end

new text begin (6) recommend public and nonpublic revenue sources that
school districts can use to fund student support services
including, among other sources, medical assistance
reimbursements, private health insurance, local collaborative
time study funds, federal funds, public health funds, and
specifically designated funds such as school safety levies and
district general funds, among other funds.
new text end

new text begin (c) The committee must consider the oral and written
testimony of school district personnel and parents and students
in complying with paragraph (b). The committee must submit
periodic recommendations about student support services to the
commissioner and to the committees of the legislature having
jurisdiction over birth to age 21 education policy and budget
issues. The commissioner must consider the committee's
recommendations in deciding whether to develop and maintain a
model district plan for student support services. If the
commissioner develops and maintains a model plan, the
commissioner also must decide whether to transmit the plan to
school districts, whether to require the districts to adopt and
maintain a district plan for providing student support services
that meets the criteria recommended by the advisory committee,
and whether to require the districts to submit the plan for
biennial review.
new text end

new text begin (d) Notwithstanding section 15.059, subdivision 5, the
committee expires on June 30, 2016.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to the 2006-2007 school
year and later.
new text end

Sec. 6.

new text begin [123A.10] EDUCATION ADMINISTRATIVE DISTRICTS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of an education
administrative district is to increase the efficiency of
administrative services for elementary and secondary education
by combining administrative functions for multiple school
districts, while maintaining independent school district control
of individual student attendance sites.
new text end

new text begin Subd. 2. new text end

new text begin Agreement to establish an education
administrative district. new text end

new text begin Boards meeting the requirements of
subdivision 3 may enter into a written agreement to establish an
education administrative district. The agreement must address
methods to improve the efficiency of delivering administrative
services. The agreement and subsequent amendments must be
adopted by majority vote of the full membership of each board.
new text end

new text begin Subd. 3. new text end

new text begin Requirements for formation. new text end

new text begin (a) An education
administrative district must have at least three districts at
the time of formation.
new text end

new text begin (b) Prior to entering into an agreement, each individual
school district must submit the proposed agreement to the
exclusive representatives of the employees impacted by the
agreement in their school district. The exclusive
representative must sign off on the proposed agreement before it
is submitted to the commissioner for review to ensure the rights
of the bargaining unit members. Two or more employee
organizations that represent the employees in a unit may
petition jointly under this subdivision provided that any
organization may withdraw from joint certification in favor of
the remaining organizations on 30 days' notice to the remaining
organizations, the employer, and the commissioner without
affecting the rights and obligations of the remaining
organizations. The terms and conditions of collective
bargaining agreements covering school employee bargaining units
remain in effect until a successor agreement becomes effective.
new text end

new text begin (c) If a proposed agreement results in contracting out of
public services previously provided by district employees,
school district employees shall have the right of first refusal
for equivalent positions and shall maintain equivalent wages,
benefits, and hours of employment.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner review and comment. new text end

new text begin Before
entering into an agreement, the school boards of the proposed
member districts must jointly submit the proposed agreement with
agreement by the exclusive representative, to the commissioner
for review and comment. The commissioner shall submit a review
and comment on the educational and economic advisability of the
proposed agreement to the school boards within 60 days of
receiving the proposal. If the commissioner submits a negative
review and comment, the districts do not qualify for levy
authority according to section 123A.12, subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Notice and public hearing on proposed
agreement. new text end

new text begin Before entering into an agreement, the board of each
member district must publish the commissioner's review and
comment and a summary of the proposed agreement and its effect
upon the district at least once in a newspaper of general
circulation in the district. The board must conduct a public
hearing on the proposed agreement after the publication of the
notice and before entering into an agreement.
new text end

Sec. 7.

new text begin [123A.11] EDUCATION ADMINISTRATIVE DISTRICT
BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin School district representation. new text end

new text begin The
education administrative district board shall be composed of at
least one representative appointed by the school board of each
member district. Each representative must be a member of the
appointing school board. Each representative shall serve at the
pleasure of the appointing board and may be recalled by a
majority vote of the appointing board. Each representative
shall serve for the term that is specified in the agreement.
The board shall select its officers from among its members and
shall determine the terms of the officers. The board shall
adopt bylaws for the conduct of its business. The board may
conduct public meetings via interactive television if the board
complies with chapter 13D in each location where board members
are present.
new text end

new text begin Subd. 2. new text end

new text begin Provision of administrative services. new text end

new text begin An
education administrative district board shall implement the
agreement for delivering administrative services, defined in
section 123A.12, needed in the education administrative district.
new text end

new text begin Subd. 3. new text end

new text begin Personnel. new text end

new text begin The board may employ personnel as
necessary to provide administrative services for the education
administrative district. Education administrative district
staff shall participate in retirement programs. Notwithstanding
section 123B.143, subdivision 1, a member district of an
education administrative district must contract with the
education administrative district to obtain the services of a
superintendent. The person to provide the services need not be
employed by the education administrative district or a member
district at the time the contract is entered into.
new text end

new text begin Subd. 4. new text end

new text begin Contracts. new text end

new text begin The board may enter into contracts
with districts and other public and private agencies to provide
administrative services needed in the education administrative
district.
new text end

new text begin Subd. 5. new text end

new text begin General law. new text end

new text begin The board shall be governed,
unless specifically provided otherwise, by section 471.59.
new text end

new text begin Subd. 6. new text end

new text begin Annual report. new text end

new text begin After each of its first five
years of operation, the board shall submit an annual report to
the member districts and the commissioner regarding the
activities of the education administrative district, including
analysis of the impact of the arrangement on administrative
costs and efficiency.
new text end

Sec. 8.

new text begin [123A.12] EDUCATION ADMINISTRATIVE DISTRICT
AGREEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Implementation; review. new text end

new text begin An education
administrative district board shall implement the agreement for
provision of administrative services to the member school
districts adopted by the member districts according to section
123A.10, subdivision 2. The education administrative district
board shall review the agreement annually and propose necessary
amendments to the member districts.
new text end

new text begin Subd. 2. new text end

new text begin Administrative services. new text end

new text begin (a) The agreement may
provide for the selection of one superintendent for the
administrative district at a specified time, according to
section 123B.143, subdivision 1, by the administrative district
board.
new text end

new text begin (b) The agreement must specify which other noninstructional
services are to be provided by the education administrative
district. These services may include, but are not limited to,
business management, human resources, payroll, food service,
buildings and grounds maintenance, pupil transportation,
technology coordination, curriculum coordination, community
education, nursing services, student records, district policy,
student administrative services, and school building
administration.
new text end

new text begin Subd. 3. new text end

new text begin Timing and duration. new text end

new text begin (a) The initial agreement
must specify a time schedule for implementation.
new text end

new text begin (b) The initial agreement must be for a period of at least
three years. After completing the first two years, the
agreement may be extended by majority vote of the full
membership of each board.
new text end

new text begin Subd. 4. new text end

new text begin Finances. new text end

new text begin The initial agreement must:
new text end

new text begin (1) include a three-year budget projection comparing
existing administrative services and their costs with the
proposed services and their costs for each year;
new text end

new text begin (2) specify what retirement and severance incentives may be
offered to licensed and nonlicensed staff, and how these costs
will be apportioned among the member districts. The incentives
must conform with section 123A.48, subdivision 23;
new text end

new text begin (3) specify any other start-up costs for the education
administrative district and how these costs will be apportioned
among the member districts;
new text end

new text begin (4) specify the estimated amounts that each member district
will levy under subdivision 5 for the costs specified in clauses
(2) and (3); and
new text end

new text begin (5) specify an equitable distribution formula for the
education administrative district board to assess and certify to
each member school district its proportionate share of
expenses. Each member district must remit its assessment to the
education administrative district board within 30 days after
receipt.
new text end

new text begin Subd. 5. new text end

new text begin Levy. new text end

new text begin A school district that is a member of an
education administrative district may levy an amount equal to
the district's share of costs approved by the commissioner for
retirement and severance incentives and other start-up costs
included in the initial agreement under subdivision 4, clauses
(2) and (3), over a period of time not to exceed three years.
new text end

new text begin Subd. 6. new text end

new text begin Reports to department of education. new text end

new text begin Member
districts may submit joint reports and jointly provide
information required by the department. The joint reports must
allow information, including expenditures for the education
administrative district, to be attributed to each member
district.
new text end

new text begin Subd. 7. new text end

new text begin Addition and withdrawal of districts. new text end

new text begin (a) Upon
approval by majority vote of a district school board and of the
education administrative district board, an adjoining district
may become a member of the education administrative district and
be governed by the provisions of this section and the agreement
in effect. A new member added to an existing education
administrative district may levy for approved costs of
retirement and severance incentives according to subdivision 5.
new text end

new text begin (b) After its first three years of membership, a district
may withdraw from the education administrative district and from
the agreement in effect by a majority vote of the full board
membership of the member district desiring withdrawal and upon
compliance with provisions in the agreement establishing the
education administrative district. The withdrawal shall become
effective at the end of the next following fiscal year.
new text end

new text begin Subd. 8. new text end

new text begin Dissolution. new text end

new text begin After the first three years of the
education administrative district, the boards of each member
district may agree to dissolve the education administrative
district effective at the end of any fiscal year or at an
earlier time as they may mutually agree. A dissolution must be
accomplished in accordance with any applicable provisions of the
agreement establishing the education administrative district.
The dissolution must not affect the continuing liability of the
previous member districts for continuing obligations, including
unemployment benefits.
new text end

Sec. 9.

Minnesota Statutes 2004, section 123A.24,
subdivision 2, is amended to read:

Subd. 2.

Cooperative unit defined.

For the purposes of
this section, a cooperative unit is:

(1) an education district organized under sections 123A.15
to 123A.19;

(2) a cooperative vocational center organized under section
123A.22;

(3) an intermediate district organized under chapter 136D;

(4) new text begin an education administrative district organized under
sections 123A.10 to 123A.12;
new text end

new text begin (5) new text end a service cooperative organized under section 123A.21;
or

deleted text begin (5) deleted text end new text begin (6) new text end a regional management information center organized
under section 123A.23 or as a joint powers district according to
section 471.59.

Sec. 10.

Minnesota Statutes 2004, section 123B.92,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section
and section 125A.76, the terms defined in this subdivision have
the meanings given to them.

(a) "Actual expenditure per pupil transported in the
regular and excess transportation categories" means the quotient
obtained by dividing:

(1) the sum of:

(i) all expenditures for transportation in the regular
category, as defined in paragraph (b), clause (1), and the
excess category, as defined in paragraph (b), clause (2), plus

(ii) an amount equal to one year's depreciation on the
district's school bus fleet and mobile units computed on a
straight line basis at the rate of 15 percent per year for
districts operating a program under section 124D.128 for grades
1 to 12 for all students in the district and 12-1/2 percent per
year for other districts of the cost of the fleet, plus

(iii) an amount equal to one year's depreciation on the
district's type three school buses, as defined in section
169.01, subdivision 6, clause (5), which must be used a majority
of the time for pupil transportation purposes, computed on a
straight line basis at the rate of 20 percent per year of the
cost of the type three school buses by:

(2) the number of pupils eligible for transportation in the
regular category, as defined in paragraph (b), clause (1), and
the excess category, as defined in paragraph (b), clause (2).

(b) "Transportation category" means a category of
transportation service provided to pupils as follows:

(1) Regular transportation is:

(i) transportation to and from school during the regular
school year for resident elementary pupils residing one mile or
more from the public or nonpublic school they attend, and
resident secondary pupils residing two miles or more from the
public or nonpublic school they attend, excluding desegregation
transportation and noon kindergarten transportation; but with
respect to transportation of pupils to and from nonpublic
schools, only to the extent permitted by sections 123B.84 to
123B.87;

(ii) transportation of resident pupils to and from language
immersion programs;

(iii) transportation of a pupil who is a custodial parent
and that pupil's child between the pupil's home and the child
care provider and between the provider and the school, if the
home and provider are within the attendance area of the school;

(iv) transportation to and from or board and lodging in
another district, of resident pupils of a district without a
secondary school; and

(v) transportation to and from school during the regular
school year required under subdivision 3 for nonresident
elementary pupils when the distance from the attendance area
border to the public school is one mile or more, and for
nonresident secondary pupils when the distance from the
attendance area border to the public school is two miles or
more, excluding desegregation transportation and noon
kindergarten transportation.

For the purposes of this paragraph, a district may
designate a licensed day care facility, respite care facility,
the residence of a relative, or the residence of a person chosen
by the pupil's parent or guardian as the home of a pupil for
part or all of the day, if requested by the pupil's parent or
guardian, and if that facility or residence is within the
attendance area of the school the pupil attends.

(2) Excess transportation is:

(i) transportation to and from school during the regular
school year for resident secondary pupils residing at least one
mile but less than two miles from the public or nonpublic school
they attend, and transportation to and from school for resident
pupils residing less than one mile from school who are
transported because of extraordinary traffic, drug, or crime
hazards; and

(ii) transportation to and from school during the regular
school year required under subdivision 3 for nonresident
secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two
miles from the public school they attend, and for nonresident
pupils when the distance from the attendance area border to the
school is less than one mile from the school and who are
transported because of extraordinary traffic, drug, or crime
hazards.

(3) Desegregation transportation is transportation within
and outside of the district during the regular school year of
pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the
commissioner or under court order.

(4) "Transportation services for pupils with disabilities"
is:

(i) transportation of pupils with disabilities who cannot
be transported on a regular school bus between home or a respite
care facility and school;

(ii) necessary transportation of pupils with disabilities
from home or from school to other buildings, including centers
such as developmental achievement centers, hospitals, and
treatment centers where special instruction or services required
by sections 125A.03 to 125A.24, 125A.26 to 125A.48, and 125A.65
are provided, within or outside the district where services are
provided;

(iii) necessary transportation for resident pupils with
disabilities required by sections 125A.12, and 125A.26 to
125A.48;

(iv) board and lodging for pupils with disabilities in a
district maintaining special classes;

(v) transportation from one educational facility to another
within the district for resident pupils enrolled on a
shared-time basis in educational programs, and necessary
transportation required by sections 125A.18, and 125A.26 to
125A.48, for resident pupils with disabilities who are provided
special instruction and services on a shared-time basis new text begin or if
resident pupils are not transported, the costs of necessary
travel between public and private schools or neutral
instructional sites by essential personnel employed by the
district's program for children with a disability new text end ;

(vi) transportation for resident pupils with disabilities
to and from board and lodging facilities when the pupil is
boarded and lodged for educational purposes; and

(vii) services described in clauses (i) to (vi), when
provided for pupils with disabilities in conjunction with a
summer instructional program that relates to the pupil's
individual education plan or in conjunction with a learning year
program established under section 124D.128.

new text begin For purposes of computing special education base revenue
under section 125A.76, subdivision 2, the cost of providing
transportation for children with disabilities includes (A) the
additional cost of transporting a homeless student from a
temporary nonshelter home in another district to the school of
origin, or a formerly homeless student from a permanent home in
another district to the school of origin but only through the
end of the academic year; and (B) depreciation on district-owned
school buses purchased after July 1, 2005, and used primarily
for transportation of pupils with disabilities, calculated
according to paragraph (a), clauses (ii) and (iii).
Depreciation costs included in the disabled transportation
category must be excluded in calculating the actual expenditure
per pupil transported in the regular and excess transportation
categories according to paragraph (a).
new text end

(5) "Nonpublic nonregular transportation" is:

(i) transportation from one educational facility to another
within the district for resident pupils enrolled on a
shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under
clause (4);

(ii) transportation within district boundaries between a
nonpublic school and a public school or a neutral site for
nonpublic school pupils who are provided pupil support services
pursuant to section 123B.44; and

(iii) late transportation home from school or between
schools within a district for nonpublic school pupils involved
in after-school activities.

(c) "Mobile unit" means a vehicle or trailer designed to
provide facilities for educational programs and services,
including diagnostic testing, guidance and counseling services,
and health services. A mobile unit located off nonpublic school
premises is a neutral site as defined in section 123B.41,
subdivision 13.

Sec. 11.

new text begin [124D.4531] CAREER AND TECHNICAL LEVY.
new text end

new text begin Subdivision 1. new text end

new text begin Career and technical levy. new text end

new text begin (a) A district
with a career and technical program approved under this section
for the fiscal year in which the levy is certified may levy an
amount equal to the lesser of:
new text end

new text begin (1) $80 times the district's average daily membership in
grades 10 through 12 for the fiscal year in which the levy is
certified; or
new text end

new text begin (2) 25 percent of approved expenditures in the fiscal year
in which the levy is certified for the following:
new text end

new text begin (i) salaries paid to essential, licensed personnel
providing direct instructional services to students in that
fiscal year for services rendered in the district's approved
career and technical education programs;
new text end

new text begin (ii) contracted services provided by a public or private
agency other than a Minnesota school district or cooperative
center under subdivision 4;
new text end

new text begin (iii) necessary travel between instructional sites by
licensed career and technical education personnel;
new text end

new text begin (iv) necessary travel by licensed career and technical
education personnel for vocational student organization
activities held within the state for instructional purposes;
new text end

new text begin (v) curriculum development activities that are part of a
five-year plan for improvement based on program assessment;
new text end

new text begin (vi) necessary travel by licensed career and technical
education personnel for noncollegiate credit-bearing
professional development; and
new text end

new text begin (vii) specialized vocational instructional supplies.
new text end

new text begin (b) Up to ten percent of a district's career and technical
levy may be spent on equipment purchases. Districts using the
career and technical levy for equipment purchases must report to
the department on the improved learning opportunities for
students that result from the investment in equipment.
new text end

new text begin (c) The district must recognize the full amount of this
levy as revenue for the fiscal year in which it is certified.
new text end

new text begin Subd. 2. new text end

new text begin Allocation from cooperative centers and
intermediate districts. new text end

new text begin For purposes of this section, a
cooperative center or an intermediate district must allocate its
approved expenditures for career and technical education
programs among participating districts.
new text end

new text begin Subd. 3. new text end

new text begin Levy guarantee. new text end

new text begin Notwithstanding subdivision 1,
the career and technical education levy for a district is not
less than the lesser of:
new text end

new text begin (1) the district's career and technical education levy
authority for the previous fiscal year; or
new text end

new text begin (2) 100 percent of the approved expenditures for career and
technical programs included in subdivision 1, paragraph (b), for
the fiscal year in which the levy is certified.
new text end

new text begin Subd. 4. new text end

new text begin District reports. new text end

new text begin Each district or cooperative
center must report data to the department for all career and
technical education programs as required by the department to
implement the career and technical levy formula.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes
payable in 2008.
new text end

Sec. 12.

Minnesota Statutes 2004, section 125A.05, is
amended to read:

125A.05 METHOD OF SPECIAL INSTRUCTION.

(a) As defined in this section, to the extent required by
federal law as of July 1, 1999, special instruction and services
for children with a disability must be based on the assessment
and individual education plan. The instruction and services may
be provided by one or more of the following methods:

(1) in connection with attending regular elementary and
secondary school classes;

(2) establishment of special classes;

(3) at the home or bedside of the child;

(4) in other districts;

(5) instruction and services by special education
cooperative centers established under this section, or in
another member district of the cooperative center to which the
resident district of the child with a disability belongs;

(6) in a state residential school or a school department of
a state institution approved by the commissioner;

(7) in other states;

(8) by contracting with public, private or voluntary
agencies;

(9) for children under age five and their families,
programs and services established through collaborative efforts
with other agencies;

(10) for children under age five and their families,
programs in which children with a disability are served with
children without a disability; and

(11) any other method approved by the commissioner.

(b) Preference shall be given to providing special
instruction and services to children under age three and their
families in the residence of the child with the parent or
primary caregiver, or both, present.

(c) The primary responsibility for the education of a child
with a disability must remain with the district of the child's
residence regardless of which method of providing special
instruction and services is used. If a district other than a
child's district of residence provides special instruction and
services to the child, then the district providing the special
instruction and services must notify new text begin and invite new text end the child's
district of residence before the child's individual education
plan is developed and must provide the district of residence an
opportunity to participate in the plan's development. new text begin The
district providing the special instruction and services may not
bill special education tuition costs to the resident district
unless the resident district has participated or has declined to
participate in the development of the student's individual
education plan. new text end The district of residence must inform the
parents of the child about the methods of instruction that are
available.

Sec. 13.

Minnesota Statutes 2004, section 125A.24, is
amended to read:

125A.24 PARENT ADVISORY COUNCILS.

In order to increase the involvement of parents of children
with disabilities in district policy making and decision making,
school districts must have a special education advisory council
that is incorporated into the district's special education
system plan.

(1) This advisory council may be established either for
individual districts or in cooperation with other districts who
are members of the same special education cooperative.

(2) A district may set up this council as a subgroup of an
existing board, council, or committee.

(3) At least half of the designated council members must be
parents of students with a disability. new text begin The council must include
at least one member who is a parent of a nonpublic school
student with a disability or an employee of a nonpublic school
if a nonpublic school is located in the district. Each local
council must meet no less than once each year. new text end The number of
members, frequency of meetings, and operational procedures are
to be locally determined.

Sec. 14.

Minnesota Statutes 2004, section 125A.28, is
amended to read:

125A.28 STATE INTERAGENCY COORDINATING COUNCIL.

An Interagency Coordinating Council of at least 17, but not
more than 25 members is established, in compliance with Public
Law 102-119, section 682. The members must be appointed by the
governor. Council members must elect the council chair. The
representative of the commissioner may not serve as the chair.
The council must be composed of at least five parents, including
persons of color, of children with disabilities under age 12,
including at least three parents of a child with a disability
under age seven, five representatives of public or private
providers of services for children with disabilities under age
five, including a special education director, county social
service director, local Head Start director, and a community
health services or public health nursing administrator, one
member of the senate, one member of the house of
representatives, one representative of teacher preparation
programs in early childhood-special education or other
preparation programs in early childhood intervention, at least
one representative of advocacy organizations for children with
disabilities under age five, one physician who cares for young
children with special health care needs, one representative each
from the commissioners of commerce, education, health, human
services, a representative from the state agency responsible for
child care, and a representative from Indian health services or
a tribal council. Section 15.059, subdivisions 2 to 5, apply to
the council. The council must meet at least quarterly.

The council must address methods of implementing the state
policy of developing and implementing comprehensive,
coordinated, multidisciplinary interagency programs of early
intervention services for children with disabilities and their
families.

The duties of the council include recommending policies to
ensure a comprehensive and coordinated system of all state and
local agency services for children under age five with
disabilities and their families. The policies must address how
to incorporate each agency's services into a unified state and
local system of multidisciplinary assessment practices,
individual intervention plans, comprehensive systems to find
children in need of services, methods to improve public
awareness, and assistance in determining the role of interagency
early intervention committees.

deleted text begin By September 1 deleted text end new text begin On the date that Minnesota Part C Annual
Performance Report is submitted to the federal Office of Special
Education new text end , the council must recommend to the governor and the
commissioners of education, health, human services, commerce,
and employment and economic development policies for a
comprehensive and coordinated system.

Notwithstanding any other law to the contrary, the State
Interagency Coordinating Council expires on June 30, deleted text begin 2005 deleted text end new text begin 2009 new text end .

Sec. 15.

Minnesota Statutes 2004, section 125A.51, is
amended to read:

125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
EDUCATION AND TRANSPORTATION.

The responsibility for providing instruction and
transportation for a pupil without a disability who has a
short-term or temporary physical or emotional illness or
disability, as determined by the standards of the commissioner,
and who is temporarily placed for care and treatment for that
illness or disability, must be determined as provided in this
section.

(a) The school district of residence of the pupil is the
district in which the pupil's parent or guardian resides.

(b) When parental rights have been terminated by court
order, the legal residence of a child placed in a residential or
foster facility for care and treatment is the district in which
the child resides.

(c) Before the placement of a pupil for care and treatment,
the district of residence must be notified and provided an
opportunity to participate in the placement decision. When an
immediate emergency placement is necessary and time does not
permit resident district participation in the placement
decision, the district in which the pupil is temporarily placed,
if different from the district of residence, must notify the
district of residence of the emergency placement within 15 days
of the placement.

(d) When a pupil without a disability is temporarily placed
for care and treatment in a day program and the pupil continues
to live within the district of residence during the care and
treatment, the district of residence must provide instruction
and necessary transportation to and from the treatment facility
for the pupil. Transportation shall only be provided by the
district during regular operating hours of the district. The
district may provide the instruction at a school within the
district of residence, at the pupil's residence, or in the case
of a placement outside of the resident district, in the district
in which the day treatment program is located by paying tuition
to that district. The district of placement may contract with a
facility to provide instruction by teachers licensed by the
state Board of Teaching.

(e) When a pupil without a disability is temporarily placed
in a residential program for care and treatment, the district in
which the pupil is placed must provide instruction for the pupil
and necessary transportation while the pupil is receiving
instruction, and in the case of a placement outside of the
district of residence, the nonresident district must bill the
district of residence for the actual cost of providing the
instruction for the regular school year and for summer school,
excluding transportation costs.

new text begin (f) Notwithstanding paragraph (e), if the pupil is homeless
and placed in a public or private homeless shelter, then the
district that enrolls the pupil under section 127A.47,
subdivision 2, shall provide the transportation, unless the
district that enrolls the pupil and the district in which the
pupil is temporarily placed agree that the district in which the
pupil is temporarily placed shall provide transportation. new text end When
a pupil without a disability is temporarily placed in a
residential program outside the district of residence, the
administrator of the court placing the pupil must send timely
written notice of the placement to the district of residence.
The district of placement may contract with a residential
facility to provide instruction by teachers licensed by the
state Board of Teaching. For purposes of this section, the state
correctional facilities operated on a fee-for-service basis are
considered to be residential programs for care and treatment.

deleted text begin (f) deleted text end new text begin (g) new text end The district of residence must include the pupil in
its residence count of pupil units and pay tuition as provided
in section 123A.488 to the district providing the instruction.
Transportation costs must be paid by the district providing the
transportation and the state must pay transportation aid to that
district. For purposes of computing state transportation aid,
pupils governed by this subdivision must be included in the
disabled transportation category new text begin if the pupils cannot be
transported on a regular school bus route without special
accommodations new text end .

Sec. 16.

Minnesota Statutes 2004, section 126C.457, is
amended to read:

126C.457 CAREER AND TECHNICAL LEVY.

new text begin For taxes payable in 2006 and 2007, new text end a school district may
levy an amount equal to the greater of (1) $10,000, or (2) the
district's fiscal year 2001 entitlement for career and technical
aid under Minnesota Statutes 2000, section 124D.453. The
district must recognize the full amount of this levy as revenue
for the fiscal year in which it is certified. Revenue received
under this section must be reserved and used only for career and
technical programs.

Sec. 17.

new text begin [127A.21] STATE COORDINATOR FOR WORLD
LANGUAGES.
new text end

new text begin (a) The commissioner of education shall designate a
full-time state coordinator for world languages education within
the Department of Education by July 1, 2005. The commissioner
shall seek input from the Quality Teaching Network before
designating or hiring the coordinator who must have classroom
experience teaching world languages. The coordinator, at a
minimum, shall:
new text end

new text begin (1) survey school districts in the state to:
new text end

new text begin (i) identify the types of existing world language programs
and exemplary model extended world languages programs; and
new text end

new text begin (ii) in consultation with Minnesota postsecondary
institutions, identify and address staff development needs of
current world language teachers and preservice teachers;
new text end

new text begin (2) identify successful extended world language programs
from other states;
new text end

new text begin (3) award grants for model extended world languages
programs;
new text end

new text begin (4) establish guidelines for a variety of model extended
world languages programs;
new text end

new text begin (5) research and recommend the funding necessary to
implement various models of extended world languages programs in
different languages; and
new text end

new text begin (6) support and monitor, using the most recent information
available, current world language programs.
new text end

new text begin (b) For the purposes of this section, "extended world
languages program" means a world languages program with a
sequence of consecutive years in any of kindergarten through
grade 12, including for example sequences of kindergarten
through grade 12, grades 5 through 12, and grades 7 through 12.
new text end

Sec. 18.

Minnesota Statutes 2004, section 134.31, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Advisory committee. new text end

new text begin The commissioner shall
appoint an advisory committee of five members to advise the
staff of the Minnesota Library for the Blind and Physically
Handicapped on long-range plans and library services. Members
shall be people who use the library. Section 15.059 governs
this committee except that the committee shall not expire.
new text end

Sec. 19. new text begin EMINENCE CREDENTIALING.
new text end

new text begin Subdivision 1. new text end

new text begin Goal. new text end

new text begin It is the goal of the state to
support the teaching and revitalization of the Dakota and
Anishinaabe languages, which are contingent to the geographical
area included in the state of Minnesota. The Native Language
Eminence Credentialing Task Force is created to achieve this
goal.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The Native Language Eminence
Credentialing Task Force consists of the following members:
new text end

new text begin (1) four members representing public schools with large
Native American populations appointed by the commissioner of
education;
new text end

new text begin (2) one member appointed by each federally recognized
Indian tribe in the state;
new text end

new text begin (3) one member appointed by each institution of higher
education that trains credentialed Dakota and Anishinaabe
language teachers;
new text end

new text begin (4) one member representing the Minnesota Historical
Society;
new text end

new text begin (5) the chair of the state Indian Affairs Council; and
new text end

new text begin (6) three native speakers of the Anishinaabe language and
three native speakers of the Dakota language, all appointed by
the Dakota Ojibwe Language Revitalization Alliance.
new text end

new text begin Subd. 3. new text end

new text begin Administration. new text end

new text begin (a) The Native Language
Eminence Credentialing Task Force is governed by Minnesota
Statutes, section 15.059.
new text end

new text begin (b) The task force shall elect a chair from its
membership. The commissioner of education shall provide staff
and administrative support for the task force.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The task force shall review and
recommend changes to the eminence credentials for teachers of
the Dakota and Anishinaabe languages in order to increase the
number of fluent "first speakers" who can teach the language and
the number of teachers of the Dakota and Anishinaabe languages
by considering and addressing the following:
new text end

new text begin (1) whether a rating system should be developed that
includes separate ratings for fluency of the spoken language,
writing and reading skills in language, and specifying which
dialect of the Anishinaabe and Dakota languages is being spoken;
new text end

new text begin (2) whether a strategy for determining the level of fluency
should be developed;
new text end

new text begin (3) consistency of evaluation of language fluency;
new text end

new text begin (4) identifying issues between tribal authority and state
law around strategies of language revitalization; and
new text end

new text begin (5) a strategy to provide affordable and accessible
language and culture credentials throughout Minnesota.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin The task force shall submit a report to
the legislature by January 15, 2006, to fulfill the duties of
the task force.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The task force expires upon
submission of the report on January 15, 2006.
new text end

Sec. 20. new text begin MODEL EXTENDED WORLD LANGUAGE PROGRAM GRANTS.
new text end

new text begin (a) The commissioner of education shall award six
three-year grants to school districts and charter schools to
develop model extended world languages programs including at
least model plans for implementing world languages to close the
achievement gap between groups of students. The commissioner
shall award grants only for the 2006-2007 through 2008-2009
school years. The commissioner should award grants for a
variety of language programs, if possible.
new text end

new text begin (b) The commissioner shall award grants to four school
districts or charter schools in the seven-county metropolitan,
Rochester, and Duluth areas, including two urban and two
suburban school districts or charter schools, and two school
districts or charter schools outside the seven-county
metropolitan, Rochester, and Duluth areas, to:
new text end

new text begin (1) develop a model extended world languages program; or
new text end

new text begin (2) extend an existing world language program to a model
extended program.
new text end

new text begin (c) A school district and charter school shall apply for a
grant in a form and manner prescribed by the commissioner. A
school district and charter school must use the grant money to
develop and implement or to extend existing world languages
programs according to the terms of the grant application and the
criteria under paragraph (a).
new text end

new text begin (d) For the purposes of this section, "extended world
languages program" means a world languages program with a
sequence of consecutive years in any of kindergarten through
grade 12, including for example sequences of kindergarten
through grade 12, grades 5 through 12, and grades 7 through 12.
new text end

Sec. 21. new text begin TASK FORCE ON DELIVERY OF SPECIAL EDUCATION TO
NONPUBLIC SCHOOL STUDENTS BY PUBLIC SCHOOL DISTRICTS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose; establishment. new text end

new text begin With the
congressional reauthorization of the federal Individuals with
Disabilities Education Act, a task force on the delivery of
special education services to nonpublic school students by
public school districts shall be established to compare and
evaluate how the individual needs of each child are being met,
if services are provided in the least restrictive environment,
and whether best practices and program efficiencies are being
used in the specific areas of transportation, location of
services, and shared time aid.
new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin The governor shall appoint the members
of the task force from each of the following:
new text end

new text begin (1) two members from the Department of Education, one
representing special education programs and policy and one
representing district finances;
new text end

new text begin (2) two special education teachers with one member from a
public school and one member from a nonpublic school;
new text end

new text begin (3) two special education administrators with one member
from a public school and one member from a nonpublic school;
new text end

new text begin (4) two members with one from each of two special education
advocacy organizations;
new text end

new text begin (5) two parents of children receiving special education
services with one member from a public school and one member
from a nonpublic school;
new text end

new text begin (6) two elementary school principals with one member from a
public school and one member from a nonpublic school;
new text end

new text begin (7) two superintendents with one member from a public
school district and one member from a nonpublic school district;
new text end

new text begin (8) two school business officials with one from a public
school and one from a nonpublic school; and
new text end

new text begin (9) two school board officials with one from a public
school and one from a nonpublic school.
new text end

new text begin The task force may select additional members to work on the
task force. The commissioner of education shall provide
necessary materials and assistance.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The task force shall submit a report by
January 15, 2006, to the house of representatives and senate
committees having jurisdiction over education on the delivery of
special education services to nonpublic school students by
public school districts, to compare and evaluate how the
individual needs of each child are being met in the least
restrictive environment, and whether best practices and program
efficiencies are being used.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin This section expires January 31,
2006.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 22. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of education. new text end

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

new text begin Subd. 2. new text end

new text begin World languages. new text end

new text begin For grants for model extended
world languages programs:
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $.,...,... new text end new text begin ..... new text end new text begin 2007
new text end

new text begin These appropriations do not cancel but are available until
expended.
new text end

ARTICLE 3

TECHNOLOGY, FACILITIES, AND NUTRITION

Section 1.

Minnesota Statutes 2004, section 123B.492, is
amended to read:

123B.492 SUPERVISED COMPETITIVE HIGH SCHOOL DIVING.

Notwithstanding Minnesota Rules, part 4717.3750, any pool
built before January 1, 1987, that was used for a one-meter
board high school diving program during the 2000-2001 school
year may be used for supervised competitive one-meter board high
school diving. Schools and school districts are strongly
encouraged to use a pool for supervised competitive high school
diving that meets the requirements of Minnesota Rules, part
4717.3750. A school or district using a pool for
supervised deleted text begin training practice for deleted text end competitive high school
diving new text begin for either training practice or competition new text end that does not
meet the requirements of Minnesota Rules, part 4717.3750, must
provide appropriate notice to parents and participants as to the
type of variance from Minnesota Rules and risk it may present.

Sec. 2.

Minnesota Statutes 2004, section 123B.71,
subdivision 9, is amended to read:

Subd. 9.

Information required.

A school board proposing
to construct a facility described in subdivision 8 shall submit
to the commissioner a proposal containing information including
at least the following:

(1) the geographic area and population to be served,
preschool through grade 12 student enrollments for the past five
years, and student enrollment projections for the next five
years;

(2) a list of existing facilities by year constructed,
their uses, and an assessment of the extent to which alternate
facilities are available within the school district boundaries
and in adjacent school districts;

(3) a list of the specific deficiencies of the facility
that demonstrate the need for a new or renovated facility to be
provided, and a list of the specific benefits that the new or
renovated facility will provide to the students, teachers, and
community users served by the facility;

(4) the relationship of the project to any priorities
established by the school district, educational cooperatives
that provide support services, or other public bodies in the
service area;

(5) a specification of how the project will increase
community use of the facility and whether and how the project
will increase collaboration with other governmental or nonprofit
entities;

(6) a description of the project, including the
specification of site and outdoor space acreage and square
footage allocations for classrooms, laboratories, and support
spaces; estimated expenditures for the major portions of the
project; and the dates the project will begin and be completed;

(7) a specification of the source of financing the project;
the scheduled date for a bond issue or school board action; a
schedule of payments, including debt service equalization aid;
and the effect of a bond issue on local property taxes by the
property class and valuation;

(8) an analysis of how the proposed new or remodeled
facility will affect school district operational or
administrative staffing costs, and how the district's operating
budget will cover any increased operational or administrative
staffing costs;

(9) a description of the consultation with local or state
road and transportation officials on school site access and
safety issues, and the ways that the project will address those
issues;

(10) a description of how indoor air quality issues have
been considered and a certification that the architects and
engineers designing the facility will have professional
liability insurance;

(11) as required under section 123B.72, for buildings
coming into service after July 1, 2002, a certification that the
plans and designs for the extensively renovated or new
facility's heating, ventilation, and air conditioning systems
will meet or exceed code standards; will provide for the
monitoring of outdoor airflow and total airflow of ventilation
systems; and will provide an indoor air quality filtration
system that meets ASHRAE standard 52.1;

(12) a specification of any desegregation requirements that
cannot be met by any other reasonable means; deleted text begin and
deleted text end

(13) a specification, if applicable, of how the facility
will utilize environmentally sustainable school facility design
concepts new text begin ; and
new text end

new text begin (14) a description of how the architects and engineers have
considered the American National Standards Institute Acoustical
Performance Criteria, Design Requirements and Guidelines for
Schools on maximum background noise levels and reverberation
times new text end .

Sec. 3.

Minnesota Statutes 2004, section 124D.095,
subdivision 2, is amended to read:

Subd. 2.

Definitions.

For purposes of this section, the
following terms have the meanings given them.

(a) "Online learning" is an interactive course or program
that delivers instruction new text begin from a teacher new text end to a student by
computer; is combined with other traditional delivery methods
that include frequent student assessment and may include actual
teacher contact time; and meets or exceeds state academic
standards.

(b) "Online learning provider" is a school district, new text begin an
intermediate school district, new text end an organization of two or more
school districts operating under a joint powers agreement, or a
charter school located in Minnesota that provides online
learning to students.

(c) "Student" is a Minnesota resident enrolled in a school
under section 120A.22, subdivision 4, in kindergarten through
grade 12.

(d) "Online learning student" is a student enrolled in an
online learning course or program delivered by an online
provider under paragraph (b).

(e) "Enrolling district" means the school district or
charter school in which a student is enrolled under section
120A.22, subdivision 4, for purposes of compulsory attendance.

Sec. 4.

Minnesota Statutes 2004, 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. 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 teacher contact time
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 during a single school year in a maximum of 12
semester-long courses or their equivalent delivered by an online
learning provider or the enrolling district;

(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) A student with a disability may enroll in an online
learning course or program if the student's IEP team determines
that online learning is appropriate education for the student.

(d) 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.

(e) 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 7. A teacher with a Minnesota license must assemble
and deliver instruction to enrolled students receiving online
learning from an enrolling district. new text begin The delivery of
instruction occurs when the student interacts with the computer
or the teacher. new text end The instruction may include curriculum
developed by persons other than a teacher with a Minnesota
license.

(f) An online learning provider that is not the enrolling
district is subject to the reporting requirements and review
criteria under subdivision 7. A teacher with a Minnesota
license must assemble and deliver instruction to online learning
students. new text begin The delivery of instruction occurs when the student
interacts with the computer or the teacher. new text end 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.

Sec. 5.

Minnesota Statutes 2004, section 124D.095,
subdivision 8, is amended to read:

Subd. 8.

Financial arrangements.

(a) For a student
enrolled in an on-line learning course, the department must
calculate average daily membership and make payments according
to this subdivision.

(b) The initial on-line learning average daily membership
equals 1/12 for each semester course or a proportionate amount
for courses of different lengths. The adjusted on-line learning
average daily membership equals the initial on-line learning
average daily membership times .88.

(c) No on-line learning average daily membership shall be
generated if: (1) the student does not complete the on-line
learning course, deleted text begin or deleted text end (2) the student is enrolled in on-line
learning provided by the enrolling district and deleted text begin the student was
enrolled in a Minnesota public school for the school year before
the school year in which the student first enrolled in on-line
learning deleted text end new text begin the student is enrolled in an instructional program in
which at least 40 percent of the total instructional time takes
place in the school's facilities, or (3) the student is enrolled
in online learning and the student was enrolled in and received
funding for online learning for the school year before the
school year in which the student is currently enrolled. For
students enrolled in on-line learning according to clause (2),
the department shall calculate average daily membership
according to section 126C.05, subdivision 8 new text end .

(d) On-line learning average daily membership under this
subdivision for a student currently enrolled in a Minnesota
public school deleted text begin and who was enrolled in a Minnesota public school
for the school year before the school year in which the student
first enrolled in on-line learning deleted text end shall be used only for
computing average daily membership according to section 126C.05,
subdivision 19, paragraph (a), clause (ii), and for computing
on-line learning aid according to section deleted text begin 126C.24 deleted text end new text begin 124D.096 new text end .

deleted text begin (e) On-line learning average daily membership under this
subdivision for students not included in paragraph (c) or (d)
shall be used only for computing average daily membership
according to section 126C.05, subdivision 19, paragraph (a),
clause (ii), and for computing payments under paragraphs (f) and
(g).
deleted text end

deleted text begin (f) Subject to the limitations in this subdivision, the
department must pay an on-line learning provider an amount equal
to the product of the adjusted on-line learning average daily
membership for students under paragraph (e) times the student
grade level weighting under section 126C.05, subdivision 1,
times the formula allowance.
deleted text end

deleted text begin (g) The department must pay each on-line learning provider
100 percent of the amount in paragraph (f) within 45 days of
receiving final enrollment and course completion information
each quarter or semester.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end

Sec. 6.

Minnesota Statutes 2004, section 124D.095, is
amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Online learning advisory council. new text end

new text begin (a) An
online learning advisory council is established under section
15.059, except that the term for each council member shall be
three years. The advisory council is composed of 12 members
from throughout the state who have demonstrated experience with
or interest in online learning. The members of the council
shall be appointed by the commissioner. The advisory council
shall bring to the attention of the commissioner any matters
related to online learning and provide input to the department
in matters related, but not restricted, to:
new text end

new text begin (1) quality assurance;
new text end

new text begin (2) teacher qualifications;
new text end

new text begin (3) program approval;
new text end

new text begin (4) special education;
new text end

new text begin (5) attendance;
new text end

new text begin (6) program design and requirements; and
new text end

new text begin (7) fair and equal access to programs.
new text end

new text begin (b) The online learning advisory council under this
subdivision expires June 30, 2008.
new text end

Sec. 7.

new text begin [125B.26] TELECOMMUNICATIONS/INTERNET ACCESS
EQUITY AID.
new text end

new text begin Subdivision 1. new text end

new text begin Costs to be submitted. new text end

new text begin (a) A district or
charter school shall submit its actual
telecommunications/Internet access costs for the previous fiscal
year, adjusted for any e-rate revenue received, to the
department by August 15 of each year as prescribed by the
commissioner. Costs eligible for reimbursement under this
program are limited to the following:
new text end

new text begin (1) ongoing or recurring telecommunications/Internet access
costs associated with Internet access, data lines, and video
links providing:
new text end

new text begin (i) the equivalent of one data line, video link, or
integrated data/video link that relies on a transport medium
that operates at a minimum speed of 1.544 megabytes per second
(T1) for each elementary school, middle school, or high school
under section 120A.05, subdivisions 9, 11, and 13, including the
recurring telecommunications line lease costs and ongoing
Internet access service fees; or
new text end

new text begin (ii) the equivalent of one data line or video circuit, or
integrated data/video link that relies on a transport medium
that operates at a minimum speed of 1.544 megabytes per second
(T1) for each district, including recurring telecommunications
line lease costs and ongoing Internet access service fees;
new text end

new text begin (2) recurring costs of contractual or vendor-provided
maintenance on the school district's wide area network to the
point of presence at the school building up to the router,
codec, or other service delivery equipment located at the point
of presence termination at the school or school district;
new text end

new text begin (3) recurring costs of cooperative, shared arrangements for
regional delivery of telecommunications/Internet access between
school districts, postsecondary institutions, and public
libraries including network gateways, peering points, regional
network infrastructure, Internet2 access, and network support,
maintenance, and coordination; and
new text end

new text begin (4) service provider installation fees for installation of
new telecommunications lines or increased bandwidth.
new text end

new text begin (b) Costs not eligible for reimbursement under this program
include:
new text end

new text begin (1) recurring costs of school district staff providing
network infrastructure support;
new text end

new text begin (2) recurring costs associated with voice and standard
telephone service;
new text end

new text begin (3) costs associated with purchase of network hardware,
telephones, computers, or other peripheral equipment needed to
deliver telecommunications access to the school or school
district;
new text end

new text begin (4) costs associated with laying fiber for
telecommunications access;
new text end

new text begin (5) costs associated with wiring school or school district
buildings;
new text end

new text begin (6) costs associated with purchase, installation, or
purchase and installation of Internet filtering; and
new text end

new text begin (7) costs associated with digital content, including
on-line learning or distance learning programming, and
information databases.
new text end

new text begin Subd. 2. new text end

new text begin E-rates. new text end

new text begin To be eligible for aid under this
section, a district or charter school is required to file an
e-rate application either separately or through its
telecommunications access cluster and have a current technology
plan on file with the department. Discounts received on
telecommunications expenditures shall be reflected in the costs
submitted to the department for aid under this section.
new text end

new text begin Subd. 3. new text end

new text begin Reimbursement criteria. new text end

new text begin The commissioner shall
develop criteria for approving costs submitted by school
districts and charter schools under subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin District aid. new text end

new text begin For fiscal year 2006, a district
or charter school's Internet access equity aid equals 90 percent
of the district or charter school's approved cost for the
previous fiscal year according to subdivision 1 exceeding $15
times the district's adjusted marginal cost pupil units for the
previous fiscal year. For fiscal year 2007 and later, a
district or charter school's Internet access equity aid equals
90 percent of the district or charter school's approved cost for
the previous fiscal year according to subdivision 1 exceeding
$18 times the district's adjusted pupil units for the previous
fiscal year, as adjusted under section 126C.05, subdivision 14.
new text end

new text begin Subd. 5. new text end

new text begin Telecommunications/internet access services for
nonpublic schools. new text end

new text begin (a) Districts shall provide each year upon
formal request by or on behalf of a nonpublic school, not
including home schools, located in that district or area,
ongoing or recurring telecommunications access services to the
nonpublic school either through existing district providers or
through separate providers.
new text end

new text begin (b) The amount of district aid for telecommunications
access services for each nonpublic school under this subdivision
equals the lesser of:
new text end

new text begin (1) 90 percent of the nonpublic school's approved cost for
the previous fiscal year according to subdivision 1 exceeding
$10 for fiscal year 2006 and $13 for fiscal year 2007 and later
times the number of weighted pupils enrolled at the nonpublic
school as of October 1 of the previous school year; or
new text end

new text begin (2) the product of the district's aid per pupil unit
according to subdivision 4 times the number of weighted pupils
enrolled at the nonpublic school as of October 1 of the previous
school year.
new text end

new text begin (c) For purposes of this subdivision, nonpublic school
pupils shall be weighted by grade level using the weighting
factors defined in section 126C.05, subdivision 1.
new text end

new text begin (d) Each year, a district providing services under
paragraph (a) may claim up to five percent of the aid determined
in paragraph (b) for costs of administering this subdivision.
No district may expend an amount for these telecommunications
access services which exceeds the amount allocated under this
subdivision. The nonpublic school is responsible for the
Internet access costs not covered by this section.
new text end

new text begin (e) At the request of a nonpublic school, districts may
allocate the amount determined in paragraph (b) directly to the
nonpublic school to pay for or offset the nonpublic school's
costs for telecommunications access services, however, the
amount allocated directly to the nonpublic school may not exceed
the actual amount of the school's ongoing or recurring
telecommunications access costs.
new text end

new text begin Subd. 6. new text end

new text begin Severability. new text end

new text begin If any portion of this section is
found by a court to be unconstitutional, the remaining portions
of the section shall remain in effect.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end

Sec. 8.

Minnesota Statutes 2004, section 128C.12,
subdivision 1, is amended to read:

Subdivision 1.

Dues and events revenue.

new text begin (a) new text end The state
auditor annually must examine the accounts of, and audit all
money paid to, the State High School League by its members. The
audit must include financial and compliance issues. The deleted text begin state
auditor deleted text end new text begin audit new text end must also deleted text begin audit deleted text end new text begin include new text end all money derived from any
event sponsored by the league. deleted text begin League audits must include
audits of administrative regions of the league. The league and
its administrative regions may not contract with private
auditors. The scope of the state auditor's examinations of the
league must be agreed upon by the board and the state auditor,
provided that all requirements of this section must be met.
deleted text end

new text begin (b) The administrative regions of the league may contract
with the state auditor or with a private certified public
accountant for the audit required by this section. If the audit
is performed by a private certified public accountant, the state
auditor may require additional information from the private
certified public accountant as the state auditor deems in the
public interest. The state auditor may accept the audit or make
additional examinations as the state auditor deems to be in the
public interest.
new text end

Sec. 9.

Minnesota Statutes 2004, section 128C.12,
subdivision 3, is amended to read:

Subd. 3.

Copies.

The deleted text begin state auditor deleted text end new text begin board new text end must file
copies of the deleted text begin financial and compliance deleted text end audit report with the
commissioner of education and the director of the Legislative
Reference Library.

Sec. 10. new text begin SCHOOLS INTEROPERABILITY FRAMEWORK.
new text end

new text begin By July 1, 2007, schools, school districts, and the
Department of Education must comply with the phase one
implementation requirements of the Schools Interoperability
Framework specifications to provide for efficient student data
sharing.
new text end

Sec. 11. new text begin SCHOOL DATA SHARING WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The commissioner of
administration and the chief information officer shall convene a
working group consisting of representatives of the following:
new text end

new text begin (1) several school districts that are diverse in size and
location;
new text end

new text begin (2) charter schools;
new text end

new text begin (3) alternative learning centers;
new text end

new text begin (4) the Department of Education; and
new text end

new text begin (5) up to three citizens with expertise in information
technology.
new text end

new text begin (b) The working group must:
new text end

new text begin (1) develop a uniform data model that is usable for
schools, school districts, and the Department of Education and
enables effective data sharing among schools, school districts,
and the Department of Education; and
new text end

new text begin (2) evaluate the feasibility, costs, and benefits of
consolidating the provision of data processing, storage, and
exchange services currently performed by districts with a single
provider for all student-related data reported through the
Minnesota Automated Reporting Student System; and
new text end

new text begin (3) define the responsibilities of state agencies, regional
management information centers, school districts, and schools in
implementing data interoperability, and determine any
state-specific requirements for school data interoperability.
new text end

new text begin Subd. 2. new text end

new text begin Report to legislature. new text end

new text begin The working group must
report on the work performed under subdivision 1 to the
legislature by January 15, 2006. The report must include a
recommendation of any legislative changes needed to streamline
exchange of data among districts and reports for schools and
school districts. The report must include a recommendation on
the feasibility of consolidating the provision of student data
processing products and services by the state on behalf of
school districts.
new text end

Sec. 12. new text begin TESTING BASED ON A GROWTH MODEL.
new text end

new text begin (a) For the purposes of the No Child Left Behind Act,
Public Law 107-110, and the statewide testing and reporting
system under Minnesota Statutes, section 120B.30, the
commissioner of education must select computer-based adaptive
assessments that accurately measure student achievement and
student growth across time. The selected assessments must be
aligned with Minnesota standards, use a common scale score over
multiple grades or ages, have been used by Minnesota school
districts, and be capable of being used for source data for a
growth or value-added model of school evaluation. An assessment
selected under this section administered at the high school
level must be aligned with college entrance requirements. In
addition to reporting requirements in Minnesota Statutes,
section 120B.30, the commissioner must report assessment result
data in a way that shows the growth trends over time for
students in four groups:
new text end

new text begin (1) performing above grade level;
new text end

new text begin (2) performing at grade level;
new text end

new text begin (3) approaching grade-level performance; and
new text end

new text begin (4) performing significantly below grade level.
new text end

new text begin If the federal Department of Education does not approve the use
of the computer-adaptive assessments selected under this
section, the commissioner must notify the federal Department of
Education that Minnesota is opting out of the provisions of the
No Child Left Behind Act.
new text end

new text begin (b) The Department of Education must assist schools that
are eligible to receive Microsoft settlement cy pres program
vouchers in using the vouchers to acquire equipment and software
necessary to administer the assessment selected under this
section.
new text end

Sec. 13. new text begin STUDENT PORTFOLIO DEMONSTRATION PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Assessment. new text end

new text begin The commissioner of education
shall select up to three school districts to participate in a
student portfolio demonstration project. Demonstration project
participants must use a portfolio assessment that has
demonstrated content validity with respect to the required
academic standards under Minnesota Statutes, section 120B.021,
and are aligned with appropriate benchmarks established under
Minnesota Statutes, section 120B.023. Districts that are part
of the demonstration project may use the student portfolio to
comply with the assessment portion of the No Child Left Behind
Act.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin A school district must submit an
application in the form and manner prescribed by the
commissioner in order to participate in the demonstration
project. A school district's application must include a plan
indicating the grade level and content area in which student
portfolios will be used.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin (a) The commissioner shall
determine the technical soundness of the portfolio assessment
selected by a school district. In addition, the commissioner
shall determine comparability of the chosen assessment to the
state-administered tests used in other grade levels.
new text end

new text begin (b) The commissioner shall submit a request to the federal
Department of Education to use a local assessment model that
uses student portfolios for compliance with the assessment
portion of the No Child Left Behind Act.
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 123B.749; 124D.095,
subdivision 9; and 128C.12, subdivision 4, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end