SF 1222

as introduced - 90th Legislature (2017 - 2018) Posted on 03/13/2017 10:42am

A bill for an act
relating to education; providing for prekindergarten through grade 12 education,
including general education, education excellence, teachers, special education,
self-sufficiency and lifelong learning, and libraries; amending Minnesota Statutes
2016, sections 120B.021, subdivisions 1, 3; 120B.022, subdivision 1b; 120B.12;
120B.30, subdivision 1a; 121A.22, subdivision 2; 121A.221; 123B.92, subdivision
1; 124D.09, subdivisions 3, 5, 13, by adding a subdivision; 124D.095, subdivision
3; 124D.52, subdivision 7; 124E.02; 124E.03, subdivision 2; 124E.05, subdivision
7; 124E.06, subdivisions 3, 7; 124E.10, subdivision 5; 124E.11; 124E.12,
subdivision 1; 124E.16, by adding a subdivision; 125A.0941; 125A.515; 127A.41,
subdivision 3; 127A.45, subdivision 10; 134.31, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapter 122A; repealing Minnesota Statutes
2016, section 124D.73, subdivision 2.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2016, section 121A.22, subdivision 2, is amended to read:

Subd. 2.

Exclusions.

In addition, this section does not apply to drugs or medicine that
are:

(1) purchased without a prescription;

(2) used by a pupil who is 18 years old or older;

(3) used in connection with services for which a minor may give effective consent,
including section 144.343, subdivision 1, and any other law;

(4) used in situations in which, in the judgment of the school personnel who are present
or available, the risk to the pupil's life or health is of such a nature that drugs or medicine
should be given without delay;

(5) used off the school grounds;

(6) used in connection with athletics or extra curricular activities;

(7) used in connection with activities that occur before or after the regular school day;

(8) provided or administered by a public health agency to prevent or control an illness
or a disease outbreak as provided for in sections 144.05 and 144.12;

(9) prescription asthma or reactive airway disease medications self-administered by a
pupil with an asthma inhaler new text begin , consistent with section 121A.221, new text end if the district has received
a written authorization from the pupil's parent permitting the pupil to self-administer the
medication, the inhaler is properly labeled for that student, and the parent has not requested
school personnel to administer the medication to the pupil. The parent must submit written
authorization for the pupil to self-administer the medication each school year; or

(10) epinephrine auto-injectors, consistent with section 121A.2205, if the parent and
prescribing medical professional annually inform the pupil's school in writing that (i) the
pupil may possess the epinephrine or (ii) the pupil is unable to possess the epinephrine and
requires immediate access to epinephrine auto-injectors that the parent provides properly
labeled to the school for the pupil as needed.

Sec. 2.

Minnesota Statutes 2016, section 121A.221, is amended to read:

121A.221 POSSESSION AND USE OF ASTHMA INHALERS BY ASTHMATIC
STUDENTS.

(a) new text begin Consistent with section 121A.22, subdivision 2, clause (9), new text end in a school district that
employs a school nurse or provides school nursing services under another arrangement, the
school nurse or other appropriate party must assess the student's knowledge and skills to
safely possess and use an asthma inhaler in a school setting and enter into the student's
school health record a plan to implement safe possession and use of asthma inhalers.

(b) new text begin Consistent with section 121A.22, subdivision 2, clause (9), new text end in a school that does not
have a school nurse or school nursing services, the student's parent or guardian must submit
written verification from the prescribing professional that documents an assessment of the
student's knowledge and skills to safely possess and use an asthma inhaler in a school setting
has been completed.

Sec. 3.

Minnesota Statutes 2016, 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 III vehicles, as
defined in section 169.011, subdivision 71, 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,
school day care facility, respite care facility, the residence of a relative, or the residence of
a person or other location chosen by the pupil's parent or guardian, or an after-school program
for children operated by a political subdivision of the state, 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, residence,
or program 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 full-service school zones, 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 full-service
school zones, 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 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;

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

(vii) transportation of pupils for a curricular field trip activity on a school bus equipped
with a power lift when the power lift is required by a student's disability or section 504 plan;
and

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

For purposes of computing special education initial aid under section 125A.76, the cost
of providing transportation for children with disabilities includes (A) the additional cost of
transporting new text begin a student in a shelter care facility as defined in section 260C.007, subdivision
30, new text end a homeless student deleted text begin from a temporary nonshelter home deleted text end 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). For purposes of subitem (A), a school
district may transport a child who does not have a school of origin to the same school
attended by that child's sibling, if the siblings are homeless new text begin or in a shelter care facility 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from December 10, 2016.
new text end

Sec. 4.

Minnesota Statutes 2016, section 127A.41, subdivision 3, is amended to read:

Subd. 3.

Audits.

The commissioner shall establish procedures for conducting and shall
conduct audits of district records and files for the purpose of verifying district pupil counts,
levy limitations, and aid entitlements. The commissioner shall establish procedures for
selecting and shall select districts to be audited. Disparities, if any, between pupil counts,
levy limitations, or aid entitlements determined by audit of district records and files and
data reported by districts in reports, claims and other documents shall be reviewed by the
commissioner who shall order increases or decreases accordingly. Whenever possible, the
commissioner shall audit at least 25 districts each year pursuant to this subdivision. new text begin
Procedures adopted under this subdivision are not subject to chapter 14 and may differ from
the procedures under section 127A.42.
new text end

Sec. 5.

Minnesota Statutes 2016, section 127A.45, subdivision 10, is amended to read:

Subd. 10.

Payments to school nonoperating funds.

Each fiscal year state general fund
payments for a district nonoperating fund must be made at the current year aid payment
percentage of the estimated entitlement during the fiscal year of the entitlement. This amount
shall be paid in deleted text begin 12 deleted text end new text begin six new text end equal monthly installments new text begin from July through December new text end . The amount
of the actual entitlement, after adjustment for actual data, minus the payments made during
the fiscal year of the entitlement must be paid prior to October 31 of the following school
year. The commissioner may make advance payments of debt service equalization aid and
state-paid tax credits for a district's debt service fund earlier than would occur under the
preceding schedule if the district submits evidence showing a serious cash flow problem in
the fund. The commissioner may make earlier payments during the year and, if necessary,
increase the percent of the entitlement paid to reduce the cash flow problem.

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

new text begin Minnesota Statutes 2016, section 124D.73, subdivision 2, new text end new text begin is repealed.
new text end

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2016, section 120B.021, subdivision 1, is amended to read:

Subdivision 1.

Required academic standards.

(a) 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 that includes civics consistent with section 120B.02, subdivision 3;

(5) physical education;

(6) health, for which locally developed academic standards apply; and

(7) 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.

(b) 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
program team has determined that the required academic standards are inappropriate. An
individualized education program team that makes this determination must establish
alternative standards.

(c) Beginning in the 2016-2017 school year, the department must adopt the most recent
deleted text begin National Association of Sport and Physical Education deleted text end new text begin SHAPE America (Society of Health
and Physical Educators) new text end kindergarten through grade 12 standards and benchmarks for
physical education as the required physical education academic standards. The department
may modify and adapt the national standards to accommodate state interest. The modification
and adaptations must maintain the purpose and integrity of the national standards. The
department must make available sample assessments, which school districts may use as an
alternative to local assessments, to assess students' mastery of the physical education
standards beginning in the deleted text begin 2018-2019 school deleted text end year new text begin that the standards must be implemented
by all schools as determined through the rulemaking process new text end .

(d) 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 EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
is retroactive to July 1, 2016.
new text end

Sec. 2.

Minnesota Statutes 2016, section 120B.021, subdivision 3, is amended to read:

Subd. 3.

Rulemaking.

The commissioner, consistent with the requirements of this section
and section 120B.022, must adopt statewide rules under section 14.389 for implementing
statewide rigorous core academic standards in language arts, mathematics, science, social
studies, physical education, and the arts. After the rules authorized under this subdivision
are initially adopted, the commissioner may not amend or repeal these rules nor adopt new
rules on the same topic without specific legislative authorization. deleted text begin The academic standards
for language arts, mathematics, and the arts must be implemented for all students beginning
in the 2003-2004 school year. The academic standards for science and social studies must
be implemented for all students beginning in the 2005-2006 school year.
deleted text end

Sec. 3.

Minnesota Statutes 2016, section 120B.022, subdivision 1b, is amended to read:

Subd. 1b.

State bilingual and multilingual seals.

(a) Consistent with efforts to strive
for the world's best workforce under sections 120B.11 and 124E.03, subdivision 2, paragraph
(i), and close the academic achievement and opportunity gap under sections 124D.861 and
124D.862, voluntary state bilingual and multilingual seals are established to recognize high
school students new text begin in any Minnesota public, charter, or nonpublic school new text end who demonstrate an
advanced-low level or an intermediate high level of functional proficiency in listening,
speaking, reading, and writing on either assessments aligned with American Council on the
Teaching of Foreign Languages' (ACTFL) proficiency guidelines or on equivalent valid
and reliable assessments in one or more languages in addition to English. American Sign
Language is a language other than English for purposes of this subdivision and a world
language for purposes of subdivision 1a.

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

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

(2) students must demonstrate mastery of Minnesota's English language proficiency
standards.

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

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

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

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

(g) The commissioner must list on the Web page those assessments that are aligned to
ACTFL proficiency guidelines.

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

Sec. 4.

Minnesota Statutes 2016, section 120B.12, is amended to read:

120B.12 READING PROFICIENTLY NO LATER THAN THE END OF GRADE
3.

Subdivision 1.

Literacy goal.

The legislature seeks to have every child reading at or
above grade level no later than the end of grade 3, including English learners, new text begin students
receiving literacy interventions under section 125A.56, and students in an approved program
under section 125A.50, new text end and that teachers provide comprehensive, scientifically based reading
instruction consistent with section 122A.06, subdivision 4.

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Core reading instruction" means the curriculum, assessments, materials, and
instructional practices with which all students are actively engaged to achieve and exceed
proficiency standards.
new text end

new text begin (c) "Diagnostic" means assessment intended to identify students' specific areas of need
related to literacy to inform instructional decisions.
new text end

new text begin (d) "Evidence-based" means demonstrating a statistically significant effect on improving
student outcomes or other relevant outcomes based on strong evidence from one or more
quality experimental studies, moderate evidence from one or more quasi-experimental
studies, or promising evidence from one or more correlational studies with statistical controls
for selection bias.
new text end

new text begin (e) "Fidelity" means the extent to which a practice, program, or strategy is implemented
as designed.
new text end

new text begin (f) "Multisensory instruction" means instruction that incorporates opportunities to practice
that include seeing, hearing, saying, and physically doing.
new text end

new text begin (g) "Multitiered system of supports" means a framework to improve outcomes for all
students that organizes district-level resources to address each individual student's needs,
such as academic or behavior needs or both, that includes: screening of all students using
valid and reliable measures; tiers of instruction that vary in intensity; collaborative teams
that review data, problem solve, and organize instruction; frequent progress monitoring
using valid and reliable measures to determine the impact of evidence-based interventions;
and a system to ensure that instruction including interventions are evidence-based and
implemented with fidelity. For the purposes of this section, the multitiered system applies
to the development of literacy to increase the number of students meeting proficiency
standards.
new text end

new text begin (h) "Progress monitoring" means frequent assessment to examine a student's rate of
progress on specific skills in order to guide decisions regarding the effectiveness of
intervention programs, as well as assisting in making additional instructional decisions for
a student.
new text end

new text begin (i) "Screening" means systematically assessing all students on literacy indicators for the
purpose of identifying students who may require additional support and who are at risk of
poor learning outcomes. Screening assessments are typically brief, conducted with all
students at a grade level, and followed by additional testing or short-term progress monitoring
to corroborate students' risk status.
new text end

new text begin (j) "Supplemental and intensive instruction" means instruction that increases the intensity
and practice of an activity, which is accomplished primarily by increasing the instructional
time, reducing the size of the group, and focusing the instruction.
new text end

new text begin (k) "Systematic and explicit instruction" means instruction that logically builds from
the smallest to more complex concepts such that there is no confusion or doubt and includes
specific design and delivery procedures.
new text end

Subd. 2.

Identification; report.

(a) Each school district shall identify before the end of
kindergarten, grade 1, and grade 2 students who are not reading at grade level before the
end of the current school year. deleted text begin Reading deleted text end new text begin The district must use locally adopted,
developmentally appropriate, and culturally responsive screening and diagnostic new text end assessments
in English deleted text begin , deleted text end and in the predominant languages of district students new text begin , new text end where practicable, deleted text begin must deleted text end new text begin
to new text end identify and evaluate students' areas of academic need related to literacy. The district
also must monitor the progress and provide reading instruction appropriate to the specific
needs of English learners. The district must deleted text begin use a locally adopted, developmentally
appropriate, and culturally responsive assessment and deleted text end annually report new text begin each of the following
to the commissioner by July 1:
new text end

new text begin (1) a new text end summary new text begin of new text end assessment results deleted text begin to the commissioner by July 1. deleted text end new text begin ; and
new text end

new text begin (2) new text end deleted text begin The district also must annually report deleted text end a summary of the district's efforts to screen
and identify students deleted text begin with deleted text end new text begin likely to have new text end dyslexia new text begin consistent with section 125A.01 new text end or
convergence insufficiency disorder deleted text begin to the commissioner by July 1 deleted text end .

(b) A student identified under this subdivision new text begin , including English learners, students with
identified reading disorders, and students with disabilities, new text end must be provided deleted text begin with alternate
instruction under section 125A.56, subdivision 1 deleted text end new text begin additional evidence-based literacy practices
such as through a system of multitiered supports or specially designed instructional services
as identified in an individualized education program new text end .

Subd. 2a.

Parent notification and involvement.

Schools, at least annually, must give
the parent of each student who is not reading at or above grade level timely information
about:

(1) new text begin the new text end student's reading proficiency as measured by a locally adopted assessment;

(2) reading-related services currently being provided to the student new text begin and the student's
progress new text end ; and

(3) strategies for parents to use at home in helping their student succeed in becoming
grade-level proficient in reading in English and in their native language.

new text begin A district may not use this section to deny a student's right to a special education
evaluation.
new text end

Subd. 3.

Intervention.

new text begin (a) new text end For each student identified under subdivision 2, the district
shall provide reading intervention new text begin , such as through a multitiered system of supports, new text end to
accelerate student growth and reach the goal of reading at or above grade level by the end
of the current grade and school year new text begin consistent with sections 125A.50 and 125A.56,
subdivision 2. Reading instruction and interventions must be appropriate to the specific
needs of English learners new text end .

new text begin (b) new text end District intervention methods shall encourage family engagement and, where possible,
collaboration with appropriate school and community programs.

new text begin (c) new text end Intervention deleted text begin methods deleted text end new text begin delivery options new text end may include, but are not limited to, requiring
attendance in summer school, intensified reading instruction that may require that the student
be removed from the regular classroom for part of the school day, new text begin specially designed
instruction for students who qualify for special education services, new text end extended-day programs,
or programs that strengthen students' cultural connections.

new text begin (d) Intervention methods matched to the needs, stage of development, and culture of the
students engaging with the instruction must include, but are not limited to:
new text end

new text begin (1) evidence-based practices delivered with fidelity;
new text end

new text begin (2) systematic, explicit, multisensory instruction with sufficient practice;
new text end

new text begin (3) provision of timely error correction and positive feedback to students;
new text end

new text begin (4) use of progress monitoring data for decision making; and
new text end

new text begin (5) supplemental and intensive instruction.
new text end

Subd. 4.

Staff development.

Each district shall use the data under subdivision 2 to
identify the staff development needs so that:

(1) elementary teachers are able to implement comprehensive, scientifically based reading
and oral language instruction in the five reading areas of phonemic awareness, phonics,
fluency, vocabulary, and comprehension as defined in section 122A.06, subdivision 4, and
other literacy-related areas including writing until the student achieves grade-level reading
proficiency;

(2) elementary teachers have sufficient training to provide comprehensive, scientifically
based reading and oral language instruction that meets students' developmental, linguistic,
and literacy needs using the intervention methods or programs selected by the district for
the identified students;

(3) licensed teachers employed by the district have regular opportunities to improve
reading and writing instruction;

(4) licensed teachers recognize students' diverse needs in cross-cultural settings and are
able to serve the oral language and linguistic needs of students who are English learners by
maximizing strengths in their native languages in order to cultivate students' English language
development, including oral academic language development, and build academic literacy;
and

(5) licensed teachers are well trained in culturally responsive pedagogy that enables
students to master content, develop skills to access content, and build relationships.

Subd. 4a.

Local literacy plan.

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

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

(2) a process to notify and involve parents;

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

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

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

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

Subd. 5.

Commissioner.

The commissioner shall recommend to districts multiple
assessment tools to assist districts and teachers with identifying students under subdivision
2. The commissioner shall also make available examples of nationally recognized and
research-based instructional methods or programs to districts to provide comprehensive,
scientifically based reading instruction and intervention under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2018 and later.
new text end

Sec. 5.

Minnesota Statutes 2016, section 120B.30, subdivision 1a, is amended to read:

Subd. 1a.

Statewide and local assessments; results.

(a) For purposes of this section,
the following definitions have the meanings given them.

(1) "Computer-adaptive assessments" means deleted text begin fully deleted text end adaptive assessments.

(2) deleted text begin "Fully adaptive assessments" deleted text end new text begin "Adaptive assessments" new text end include test items that are
on-grade level deleted text begin and items that may be above or below a student's grade level deleted text end .

deleted text begin (3) "On-grade level" test items contain subject area content that is aligned to state
academic standards for the grade level of the student taking the assessment.
deleted text end

deleted text begin (4) "Above-grade level" test items contain subject area content that is above the grade
level of the student taking the assessment and is considered aligned with state academic
standards to the extent it is aligned with content represented in state academic standards
above the grade level of the student taking the assessment. Notwithstanding the student's
grade level, administering above-grade level test items to a student does not violate the
requirement that state assessments must be aligned with state standards.
deleted text end

deleted text begin (5) "Below-grade level" test items contain subject area content that is below the grade
level of the student taking the test and is considered aligned with state academic standards
to the extent it is aligned with content represented in state academic standards below the
student's current grade level. Notwithstanding the student's grade level, administering
below-grade level test items to a student does not violate the requirement that state
assessments must be aligned with state standards.
deleted text end

(b) The commissioner must use deleted text begin fully deleted text end adaptive mathematics and reading assessments for
grades 3 through 8.

(c) For purposes of conforming with existing federal educational accountability
requirements, the commissioner must develop and implement computer-adaptive reading
and mathematics assessments for grades 3 through 8, state-developed high school reading
and mathematics tests aligned with state academic standards, a high school writing test
aligned with state standards when it becomes available, and science assessments under
clause (2) that districts and sites must use to monitor student growth toward achieving those
standards. The commissioner must not develop statewide assessments for academic standards
in social studies, health and physical education, and the arts. The commissioner must require:

(1) annual computer-adaptive reading and mathematics assessments in grades 3 through
8, and high school reading, writing, and mathematics tests; and

(2) annual science assessments in one grade in the grades 3 through 5 span, the grades
6 through 8 span, and a life sciences assessment in the grades 9 through 12 span, and the
commissioner must not require students to achieve a passing score on high school science
assessments as a condition of receiving a high school diploma.

(d) The commissioner must ensure that for annual computer-adaptive assessments:

(1) individual student performance data and achievement reports are available within
three school days of when students take an assessment except in a year when an assessment
reflects new performance standards;

(2) growth information is available for each student from the student's first assessment
to each proximate assessment using a constant measurement scale;

(3) parents, teachers, and school administrators are able to use elementary and middle
school student performance data to project students' secondary and postsecondary
achievement; and

(4) useful diagnostic information about areas of students' academic strengths and
weaknesses is available to teachers and school administrators for improving student
instruction and indicating the specific skills and concepts that should be introduced and
developed for students at given performance levels, organized by strands within subject
areas, and aligned to state academic standards.

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

(f) Reporting of state assessment results must:

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

(2) include a growth indicator of student achievement; and

(3) determine whether students have met the state's academic standards.

(g) Consistent with applicable federal law, the commissioner must include appropriate,
technically sound accommodations or alternative assessments for the very few students with
disabilities for whom statewide assessments are inappropriate and for English learners.

(h) A school, school district, and charter school must administer statewide assessments
under this section, as the assessments become available, to evaluate student progress toward
career and college readiness in the context of the state's academic standards. A school,
school district, or charter school may use a student's performance on a statewide assessment
as one of multiple criteria to determine grade promotion or retention. A school, school
district, or charter school may use a high school student's performance on a statewide
assessment as a percentage of the student's final grade in a course, or place a student's
assessment score on the student's transcript.

Sec. 6.

Minnesota Statutes 2016, section 124D.09, subdivision 3, is amended to read:

Subd. 3.

Definitions.

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

(a) "Eligible institution" means a Minnesota public postsecondary institution, a private,
nonprofit two-year trade and technical school granting associate degrees, an opportunities
industrialization center accredited by the North Central Association of Colleges and Schools,
or a private, residential, two-year or four-year, liberal arts, degree-granting college or
university located in Minnesota.

(b) "Course" means a course or program.

new text begin (c) "Concurrent enrollment" means nonsectarian courses in which an eligible pupil under
subdivision 5 enrolls to earn both secondary and postsecondary credits, are taught by a
secondary teacher or a postsecondary faculty member, and are offered at a high school for
which the district is eligible to receive concurrent enrollment program aid under section
124D.091.
new text end

Sec. 7.

Minnesota Statutes 2016, section 124D.09, subdivision 5, is amended to read:

Subd. 5.

Authorization; notification.

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

Sec. 8.

Minnesota Statutes 2016, section 124D.09, is amended by adding a subdivision to
read:

new text begin Subd. 5b. new text end

new text begin Authorization; 9th or 10th grade pupil. new text end

new text begin Notwithstanding any other law to
the contrary, a 9th or 10th grade pupil enrolled in a district or an American Indian-controlled
tribal contract or grant school eligible for aid under section 124D.83, except a foreign
exchange pupil enrolled in a district under a cultural exchange program, may apply to enroll
in nonsectarian courses offered under subdivision 10, if: (1) the school district and the
eligible postsecondary institution providing the course agree to the student's enrollment; or
(2) the course is a world language course currently available to 11th and 12th grade students,
and consistent with section 120B.022 governing world language standards, certificates, and
seals.
new text end

Sec. 9.

Minnesota Statutes 2016, section 124D.09, subdivision 13, is amended to read:

Subd. 13.

Financial arrangements.

For a pupil enrolled in a course under this section,
the department must make payments according to this subdivision for courses that were
taken for secondary credit.

The department must not make payments to a school district or postsecondary institution
for a course taken for postsecondary credit only. The department must not make payments
to a postsecondary institution for a course from which a student officially withdraws during
the first 14 days of the quarter or semester or who has been absent from the postsecondary
institution for the first 15 consecutive school days of the quarter or semester and is not
receiving instruction in the home or hospital.

A postsecondary institution shall receive the following:

(1) for an institution granting quarter credit, the reimbursement per credit hour shall be
an amount equal to 88 percent of the product of the formula allowance minus $425, multiplied
by 1.2, and divided by 45; or

(2) for an institution granting semester credit, the reimbursement per credit hour shall
be an amount equal to 88 percent of the product of the general revenue formula allowance
minus $425, multiplied by 1.2, and divided by 30.

The department must pay to each postsecondary institution 100 percent of the amount
in clause (1) or (2) within deleted text begin 30 deleted text end new text begin 45 new text end days of receiving initial enrollment information each quarter
or semester. If changes in enrollment occur during a quarter or semester, the change shall
be reported by the postsecondary institution at the time the enrollment information for the
succeeding quarter or semester is submitted. At any time the department notifies a
postsecondary institution that an overpayment has been made, the institution shall promptly
remit the amount due.

Sec. 10.

Minnesota Statutes 2016, section 124D.095, subdivision 3, is amended to read:

Subd. 3.

Authorization; notice; limitations on enrollment.

(a) A student may apply
for full-time enrollment in an approved online learning program under section 124D.03 or
124D.08 or chapter 124E. Notwithstanding sections 124D.03 and 124D.08 and chapter
124E, procedures for enrolling in supplemental online learning are as provided in this
subdivision. A student age 17 or younger must have the written consent of a parent or
guardian to apply. No school district or charter school may prohibit a student from applying
to enroll in online learning. In order to enroll in online learning, the student and the student's
parents must submit an application to the online learning provider and identify the student's
reason for enrolling. An online learning provider that accepts a student under this section
must notify the student and the enrolling district in writing within ten days if the enrolling
district is not the online learning provider. The student and the student's parent must notify
the online learning provider of the student's intent to enroll in online learning within ten
days of being accepted, at which time the student and the student's parent must sign a
statement indicating that they have reviewed the online course or program and understand
the expectations of enrolling in online learning. The online learning provider must use a
form provided by the department to notify the enrolling district of the student's application
to enroll in online learning.

(b) The supplemental online learning notice to the enrolling district when a student
applies to the online learning provider will include the courses or program, credits to be
awarded, and the start date of the online course or program. An online learning provider
must make available the supplemental online course syllabus to the enrolling district. Within
15 days after the online learning provider makes information in this paragraph available to
the enrolling district, the enrolling district must notify the online provider whether the
student, the student's parent, and the enrolling district agree or disagree that the course meets
the enrolling district's graduation requirements. A student may enroll in a supplemental
online learning course up to the midpoint of the enrolling district's term. The enrolling
district may waive this requirement for special circumstances and with the agreement of
the online provider. An online learning course or program that meets or exceeds a graduation
standard or the grade progression requirement of the enrolling district as described in the
provider's online course syllabus meets the corresponding graduation requirements applicable
to the student in the enrolling district. If the enrolling district does not agree that the course
or program meets its graduation requirements, then:

(1) the enrolling district must make available an explanation of its decision to the student,
the student's parent, and the online provider; and

(2) the online provider may make available a response to the enrolling district, showing
how the course or program meets the graduation requirements of the enrolling district.

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

(d) An online learning provider may limit enrollment if the provider's school board or
board of directors adopts by resolution specific standards for accepting and rejecting students'
applications. new text begin Limits to enrollment must not discriminate against any group under chapter
363A.
new text end

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

(f) The online provider must report or make available information on an individual
student's progress and accumulated credit to the student, the student's parent, and the enrolling
district in a manner specified by the commissioner unless the enrolling district and the online
provider agree to a different form of notice and notify the commissioner. The enrolling
district must designate a contact person to help facilitate and monitor the student's academic
progress and accumulated credits towards graduation.

Sec. 11.

Minnesota Statutes 2016, section 124E.02, is amended to read:

124E.02 DEFINITIONS.

(a) For purposes of this chapter, the terms defined in this section have the meanings
given them.

(b) "Affidavit" means a written statement the authorizer submits to the commissioner
for approval to establish a charter school under section 124E.06, subdivision 4, attesting to
its review and approval process before chartering a school.

(c) "Affiliate" means a person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with another person.

(d) "Control" means the ability to affect the management, operations, or policy actions
or decisions of a person, whether by owning voting securities, by contract, or otherwise.

new text begin (e) "Education service provider," "charter management organization," "educational
management organization," or "school management organization" means any for-profit or
nonprofit entity that a charter school contracts with to provide, manage, or oversee all or
substantially all of the charter school's educational, financial, business, operational, or
administrative functions.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end "Immediate family" means an individual whose relationship by blood, marriage,
adoption, or partnership is no more remote than first cousin.

deleted text begin (f) deleted text end new text begin (g) new text end "Person" means an individual or entity of any kind.

deleted text begin (g) deleted text end new text begin (h) new text end "Related party" means an affiliate or immediate relative of the other interested
party, an affiliate of an immediate relative who is the other interested party, or an immediate
relative of an affiliate who is the other interested party.

deleted text begin (h) deleted text end new text begin (i) new text end For purposes of this chapter, the terms defined in section 120A.05 have the same
meanings.

Sec. 12.

Minnesota Statutes 2016, section 124E.03, subdivision 2, is amended to read:

Subd. 2.

Certain federal, state, and local requirements.

(a) A charter school shall
meet all federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing standards
and assessments in chapter 120B.

(c) A charter school must comply with the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(d) A charter school is a district for the purposes of tort liability under chapter 466.

(e) A charter school must comply with the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(f) A charter school and charter school board of directors must comply with chapter 181
governing requirements for employment.

(g) A charter school must comply with continuing truant notification under section
260A.03.

(h) A charter school must develop and implement a teacher evaluation and peer review
process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13) new text begin , and
paragraph (d) new text end . The teacher evaluation process in this paragraph does not create any additional
employment rights for teachers.

(i) A charter school must adopt a policy, plan, budget, and process, consistent with
section 120B.11, to review curriculum, instruction, and student achievement and strive for
the world's best workforce.

new text begin (j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act,
sections 121A.40 to 121A.56.
new text end

Sec. 13.

Minnesota Statutes 2016, section 124E.05, subdivision 7, is amended to read:

Subd. 7.

Withdrawal.

If the governing board of an approved authorizer votes to withdraw
as an approved authorizer for a reason unrelated to any cause under section 124E.10,
subdivision 4, the authorizer must notify all its chartered schools new text begin , all families whose children
attend charter schools in its portfolio, new text end and the commissioner in writing by March 1 of its
intent to withdraw as an authorizer on June 30 in the next calendar year, regardless of when
the authorizer's five-year term of approval ends. The commissioner may approve the transfer
of a charter school to a new authorizer under section 124E.10, subdivision 5.

Sec. 14.

Minnesota Statutes 2016, section 124E.06, subdivision 3, is amended to read:

Subd. 3.

Requirements.

(a) The primary focus of a charter school must be to provide
a comprehensive program of instruction for at least one grade or age group from ages five
through 18 years. A charter school may provide instruction to people older than 18 years
of age.

(b) A charter school may offer a free or fee-based preschool or prekindergarten that
meets high-quality early learning instructional program standards aligned with Minnesota's
early learning standards for children. The hours a student is enrolled in a fee-based
prekindergarten program do not generate pupil units under section 126C.05 and must not
be used to calculate general education revenue under section 126C.10.

(c) A charter school must be nonsectarian in its programs, admission policies, employment
practices, and all other operations. An authorizer may not authorize a charter school or
program that is affiliated with a nonpublic sectarian school or a religious institution.

(d) A charter school must not be used to provide education or generate revenue for
home-schooled students. This paragraph does not apply to shared time aid under section
126C.19.

(e) This chapter does not provide a means to keep open a school that a school board
decides to close. However, a school board may endorse or authorize establishing a charter
school to replace the school the board decided to close. Applicants seeking a charter under
this circumstance must demonstrate to the authorizer that the charter sought is substantially
different in purpose and program from the school the board closed and that the proposed
charter satisfies the requirements of section 124E.01, subdivision 1. If the school board that
closed the school authorizes the charter, it must document in its affidavit to the commissioner
that the charter is substantially different in program and purpose from the school it closed.

(f) A school authorized by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves the location by written
resolution.

(g) Except as provided in paragraph (b), a charter school may not charge tuition.

(h) The authorizer may prevent an approved charter school from opening for operation
if, among other grounds, the charter school violates this chapter or does not meet the
ready-to-open standards that are part of (1) the authorizer's oversight and evaluation process
or (2) stipulated in the charter school contract.

new text begin (i) A charter school may not enter into a contract with a for-profit entity or a nonprofit
entity that is headquartered outside of Minnesota and described in section 124E.02, paragraph
(e).
new text end

new text begin (j) A charter school's educational staff must be employed by or on contract with the
charter school's board of directors. An entity described in section 124E.02, paragraph (e),
may not employ, or contract for services, a charter school's educational staff.
new text end

Sec. 15.

Minnesota Statutes 2016, section 124E.06, subdivision 7, is amended to read:

Subd. 7.

Merger.

(a) Two or more charter schools may merge under chapter 317A. The
effective date of a merger must be July 1. The merged school must continue under the
identity of one of the merging schools. The authorizer and the merged school must execute
a new charter contract under section 124E.10, subdivision 1, by July 1. The authorizer must
submit to the commissioner a copy of the new signed charter contract within ten business
days of executing the contract.

new text begin (b) Two or more charter schools that intend to merge and are overseen by different
authorizers must submit a change in authorizer request to the commissioner under section
124E.10, subdivision 5. If the change in authorizer request is approved, the merging charter
schools must be approved to serve the grades and sites of the merged school under section
124E.06, subdivision 5. If the proposed merger is between two or more charter schools in
the same authorizer's portfolio and the merging schools do not serve the same grades or
propose to operate at additional sites, the merged school must comply with section 124E.06,
subdivision 5.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Each deleted text begin merging deleted text end school new text begin approved to merge new text end must submit a separate year-end report
for the previous fiscal year deleted text begin for that school only deleted text end . After the final fiscal year of the premerger
schools is closed out, each of those schools must transfer the fund balances and debts to the
merged school.

deleted text begin (c) deleted text end new text begin (d) new text end For its first year of operation, the merged school is eligible to receive aid from
programs requiring approved applications equal to the sum of the aid of all of the merging
schools. For aids based on prior year data, the merged school is eligible to receive aid for
its first year of operation based on the combined data of all of the merging schools.

Sec. 16.

Minnesota Statutes 2016, section 124E.10, subdivision 5, is amended to read:

Subd. 5.

Mutual nonrenewal.

If the authorizer and the charter school board of directors
mutually agree not to renew the contract, or if the governing board of an approved authorizer
votes to withdraw as an approved authorizer for a reason unrelated to any cause under
subdivision 4, a change in authorizers is allowed. new text begin The authorizer must notify families of
children that attend the charter school of the date of the withdrawal and outline the process
to change authorizers and the possible outcomes of that process. new text end The authorizer and the
school board must jointly submit a written and signed letter of their intent to the
commissioner to mutually not renew the contract. The authorizer that is a party to the existing
contract must inform the proposed authorizer about the fiscal, operational, and student
performance status of the school, including unmet contract outcomes and other outstanding
contractual obligations. The charter contract between the proposed authorizer and the school
must identify and provide a plan to address any outstanding obligations from the previous
contract. The proposed authorizer must submit the proposed contract at least 105 business
days before the end of the existing charter contract. The commissioner has 30 business days
to review and make a determination on the change in authorizer. The proposed authorizer
and the school have 15 business days to respond to the determination and address any issues
identified by the commissioner. The commissioner must make a final determination no later
than 45 business days before the end of the current charter contract. If the commissioner
does not approve a change in authorizer, the school and the current authorizer may withdraw
their letter of nonrenewal and enter into a new contract. If the commissioner does not approve
a change in authorizer and the current authorizer and the school do not withdraw their letter
and enter into a new contract, the school must be dissolved according to applicable law and
the terms of the contract.

Sec. 17.

Minnesota Statutes 2016, section 124E.11, is amended to read:

124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.

(a) A charter school new text begin , including its free preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), new text end may limit admission to:

(1) pupils within an age group or grade level;

(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or

(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.

(b) A charter school new text begin , including its free preschool or prekindergarten program established
under section 124E.06, subdivision 3, paragraph (b), new text end shall enroll an eligible pupil who
submits a timely application, unless the number of applications exceeds the capacity of a
program, class, grade level, or building. In this case, pupils must be accepted by lot. The
charter school must develop and publish, including on its Web site, a lottery policy and
process that it must use when accepting pupils by lot.

(c) A charter school shall give enrollment preference to a sibling of an enrolled pupil
and to a foster child of that pupil's parents and may give preference for enrolling children
of the school's staff before accepting other pupils by lot. A charter school that is located in
Duluth township in St. Louis County and admits students in kindergarten through grade 6
must give enrollment preference to students residing within a five-mile radius of the school
and to the siblings of enrolled children. A charter school may give enrollment preference
to children currently enrolled in the school's free preschool or prekindergarten program
under section 124E.06, subdivision 3, paragraph (a), who are eligible to enroll in kindergarten
in the next school year.

(d) A person shall not be admitted to a charter school (1) as a kindergarten pupil, unless
the pupil is at least five years of age on September 1 of the calendar year in which the school
year for which the pupil seeks admission commences; or (2) as a first grade student, unless
the pupil is at least six years of age on September 1 of the calendar year in which the school
year for which the pupil seeks admission commences or has completed kindergarten; except
that a charter school may establish and publish on its Web site a policy for admission of
selected pupils at an earlier age, consistent with the enrollment process in paragraphs (b)
and (c).

(e) Except as permitted in paragraph (d), a charter school new text begin , including its free preschool
or prekindergarten program established under section 124E.06, subdivision 3, paragraph
(b), new text end may not limit admission to pupils on the basis of intellectual ability, measures of
achievement or aptitude, or athletic ability and may not establish any criteria or requirements
for admission that are inconsistent with this section.

(f) The charter school shall not distribute any services or goods of value to students,
parents, or guardians as an inducement, term, or condition of enrolling a student in a charter
school.

(g) Once a student is enrolled in the school, the student is considered enrolled in the
school until the student formally withdraws or is expelled under the Pupil Fair Dismissal
Act in sections 121A.40 to 121A.56. deleted text begin A charter school is subject to and must comply with
the Pupil Fair Dismissal Act, sections 121A.40 to 121A.56.
deleted text end

(h) A charter school with at least 90 percent of enrolled students who are eligible for
special education services and have a primary disability of deaf or hard-of-hearing may
enroll prekindergarten pupils with a disability under section 126C.05, subdivision 1,
paragraph (a), and must comply with the federal Individuals with Disabilities Education
Act under Code of Federal Regulations, title 34, section 300.324, subsection (2), clause
(iv).

Sec. 18.

Minnesota Statutes 2016, section 124E.12, subdivision 1, is amended to read:

Subdivision 1.

Teachers.

A charter school must employ or contract with necessary
teachers, as defined by section 122A.15, subdivision 1, who hold valid licenses to perform
the particular service for which they are employed in the school. The commissioner may
reduce the charter school's state aid under section 127A.43 if the school employs a teacher
who is not appropriately licensed or approved by the Board of Teaching. The school may
employ necessary employees who are not required to hold teaching licenses to perform
duties other than teaching and may contract for other services. new text begin The school's educational
staff must be employed by or on contract with the charter school's board of directors. new text end The
school may discharge teachers and nonlicensed employees. The charter school board is
subject to section 181.932 governing whistle-blowers. When offering employment to a
prospective employee, a charter school must give that employee a written description of
the terms and conditions of employment and the school's personnel policies.

Sec. 19.

Minnesota Statutes 2016, section 124E.16, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Reporting management organization contracts. new text end

new text begin A charter school entering
into a contract with a for-profit or nonprofit entity under section 124E.02, paragraph (e),
must annually submit all contracts and contract amendments to the Department of Education.
Contracts must include assurance that there are no conflicts of interest, that all assets
purchased on behalf of the charter school using public funds remain assets of the school,
and that the for-profit or nonprofit entity under section 124E.02, paragraph (e), will not
have access to personally identifiable information.
new text end

ARTICLE 3

TEACHERS

Section 1.

new text begin [122A.417] ALTERNATIVE TEACHER COMPENSATION REVENUE
FOR ST. CROIX RIVER EDUCATION DISTRICT.
new text end

new text begin Notwithstanding sections 122A.414, 122A.415, and 126C.10, the St. Croix River
Education District, No. 6009-61, is eligible to receive alternative teacher compensation
revenue. To qualify for alternative teacher compensation revenue, the St. Croix River
Education District must meet all of the requirements of sections 122A.414 and 122A.415
that apply to cooperative units, must report its staffing as of October 1 of each year to the
department in a manner determined by the commissioner, and must annually report by
November 30 its expenditures for the alternative teacher professional pay system consistent
with the uniform financial accounting and reporting standards to the department.
new text end

Sec. 2.

new text begin [122A.627] POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS.
new text end

new text begin "Positive behavioral interventions and supports" or "PBIS" means an evidence-based
framework for preventing problem behavior, providing instruction and support for positive
and prosocial behaviors, and supporting social, emotional, and behavioral needs for all
students. Schoolwide implementation of PBIS requires training, coaching, and evaluation
for school staff to consistently implement the key components that make PBIS effective for
all students, including:
new text end

new text begin (1) establishing, defining, teaching, and practicing three to five positively stated
schoolwide behavioral expectations that are representative of the local community and
cultures;
new text end

new text begin (2) developing and implementing a consistent system used by all staff to provide positive
feedback and acknowledgment for students who display schoolwide behavioral expectations;
new text end

new text begin (3) developing and implementing a consistent and specialized support system for students
who do not display behaviors representative of schoolwide positive expectations;
new text end

new text begin (4) developing a system to support decisions based on data related to student progress,
effective implementation of behavioral practices, and screening for students requiring
additional behavior supports;
new text end

new text begin (5) using a continuum of evidence-based interventions that is integrated and aligned to
support academic and behavioral success for all students; and
new text end

new text begin (6) using a team-based approach to support effective implementation, monitor progress,
and evaluate outcomes.
new text end

ARTICLE 4

SPECIAL EDUCATION

Section 1.

Minnesota Statutes 2016, section 125A.0941, is amended to read:

125A.0941 DEFINITIONS.

(a) The following terms have the meanings given them.

(b) "Emergency" means a situation where immediate intervention is needed to protect
a child or other individual from physical injury. Emergency does not mean circumstances
such as: a child who does not respond to a task or request and instead places his or her head
on a desk or hides under a desk or table; a child who does not respond to a staff person's
request unless failing to respond would result in physical injury to the child or other
individual; or an emergency incident has already occurred and no threat of physical injury
currently exists.

(c) "Physical holding" means physical intervention intended to hold a child immobile
or limit a child's movement, where body contact is the only source of physical restraint, and
where immobilization is used to effectively gain control of a child in order to protect a child
or other individual from physical injury. The term physical holding does not mean physical
contact that:

(1) helps a child respond or complete a task;

(2) assists a child without restricting the child's movement;

(3) is needed to administer an authorized health-related service or procedure; or

(4) is needed to physically escort a child when the child does not resist or the child's
resistance is minimal.

(d) "Positive behavioral interventions and supports" means interventions and strategies
to improve the school environment and teach children the skills to behave appropriately new text begin ,
including the key components under section 122A.627 new text end .

(e) "Prone restraint" means placing a child in a face down position.

(f) "Restrictive procedures" means the use of physical holding or seclusion in an
emergency. Restrictive procedures must not be used to punish or otherwise discipline a
child.

(g) "Seclusion" means confining a child alone in a room from which egress is barred.
Egress may be barred by an adult locking or closing the door in the room or preventing the
child from leaving the room. Removing a child from an activity to a location where the
child cannot participate in or observe the activity is not seclusion.

Sec. 2.

Minnesota Statutes 2016, section 125A.515, is amended to read:

125A.515 PLACEMENT OF STUDENTS; APPROVAL OF EDUCATION
PROGRAM.

Subdivision 1.

Approval of new text begin on-site new text end education programs.

The commissioner shall
approve on-site education programs for placement of children and youth in residential
facilities including detention centers, before being licensed by the Department of Human
Services or the Department of Corrections. Education programs in these facilities shall
conform to state and federal education laws including the Individuals with Disabilities
Education Act (IDEA). This section applies only to placements in new text begin children's residential
new text end facilities licensed by the Department of Human Services or the Department of Corrections.
For purposes of this section, "on-site education program" means the educational services
provided directly on the grounds of the deleted text begin care and treatment deleted text end new text begin children's residential new text end facility to
children and youth placed for care and treatment.

Subd. 3.

Responsibilities for providing education.

(a) The district in which the new text begin children's
new text end residential facility is located must provide education services, including special education
if eligible, to all students placed in a facility.

(b) For education programs operated by the Department of Corrections, the providing
district shall be the Department of Corrections. For students remanded to the commissioner
of corrections, the providing and resident district shall be the Department of Corrections.

Subd. 3a.

Students without a disability from other states.

A school district is not
required to provide education services under this section to a student who:

(1) is not a resident of Minnesota;

(2) does not have an individualized education program; and

(3) does not have a tuition arrangement or agreement to pay the cost of education from
the placing authority.

Subd. 4.

Education services required.

(a) Education services must be provided to a
student beginning within three business days after the student enters the deleted text begin care and treatment deleted text end new text begin
children's residential new text end facility. The first four days of the student's placement may be used to
screen the student for educational and safety issues.

(b) If the student does not meet the eligibility criteria for special education, regular
education services must be provided to that student.

Subd. 5.

Education programs for students placed in new text begin children's new text end residential facilities.

(a) When a student is placed in a new text begin children's residential new text end facility deleted text begin approved deleted text end under this section
that has an on-site education program, the providing district, upon notice from the deleted text begin care and
treatment deleted text end new text begin children's residential new text end facility, must contact the resident district within one business
day to determine if a student has been identified as having a disability, and to request at
least the student's transcript, and for students with disabilities, the most recent individualized
education program (IEP) and evaluation report deleted text begin , and to determine if the student has been
identified as a student with a disability deleted text end . The resident district must send a facsimile copy to
the providing district within two business days of receiving the request.

(b) If a student placed under this section has been identified as having a disability and
has an individualized education program in the resident district:

(1) the providing agency must conduct an individualized education program meeting to
reach an agreement about continuing or modifying special education services in accordance
with the current individualized education program goals and objectives and to determine if
additional evaluations are necessary; and

(2) at least the following people shall receive written notice or documented phone call
to be followed with written notice to attend the individualized education program meeting:

(i) the person or agency placing the student;

(ii) the resident district;

(iii) the appropriate teachers and related services staff from the providing district;

(iv) appropriate staff from the new text begin children's new text end residential facility;

(v) the parents or legal guardians of the student; and

(vi) when appropriate, the student.

(c) For a student who has not been identified as a student with a disability, a screening
must be conducted by the providing districts as soon as possible to determine the student's
educational and behavioral needs and must include a review of the student's educational
records.

Subd. 6.

Exit report summarizing educational progress.

If a student has been placed
in a facility under this section for 15 or more business days, the providing district must
prepare an exit report summarizing the regular education, special education, evaluation,
educational progress, and service information and must send the report to the resident district
and the next providing district if different, the parent or legal guardian, and any appropriate
social service agency. For students with disabilities, this report must include the student's
IEP.

Subd. 7.

Minimum educational services required.

When a student is placed in a
new text begin children's residential new text end facility deleted text begin approved deleted text end under this section, at a minimum, the providing
district is responsible for:

(1) the education necessary, including summer school services, for a student who is not
performing at grade level as indicated in the education record or IEP; and

(2) a school day, of the same length as the school day of the providing district, unless
the unique needs of the student, as documented through the IEP or education record in
consultation with treatment providers, requires an alteration in the length of the school day.

Subd. 8.

Placement, services, and due process.

When a student's treatment and
educational needs allow, education shall be provided in a regular educational setting. The
determination of the amount and site of integrated services must be a joint decision between
the student's parents or legal guardians and the treatment and education staff. When
applicable, educational placement decisions must be made by the IEP team of the providing
district. Educational services shall be provided in conformance with the least restrictive
environment principle of the Individuals with Disabilities Education Act. The providing
district and deleted text begin care and treatment deleted text end new text begin children's residential new text end facility shall cooperatively develop
discipline and behavior management procedures to be used in emergency situations that
comply with the Minnesota Pupil Fair Dismissal Act and other relevant state and federal
laws and regulations.

Subd. 9.

Reimbursement for education services.

(a) Education services provided to
students who have been placed under this section are reimbursable in accordance with
special education and general education statutes.

(b) Indirect or consultative services provided in conjunction with regular education
prereferral interventions and assessment provided to regular education students suspected
of being disabled and who have demonstrated learning or behavioral problems in a screening
are reimbursable with special education categorical aids.

(c) Regular education, including screening, provided to students with or without
disabilities is not reimbursable with special education categorical aids.

Subd. 10.

Students unable to attend school but not covered under this section.

Students who are absent from, or predicted to be absent from, school for 15 consecutive or
intermittent days, and placed at home or in facilities not licensed by the Departments of
Corrections or Human Services are entitled to regular and special education services
consistent with this section or Minnesota Rules, part 3525.2325. These students include
students with and without disabilities who are home due to accident or illness, in a hospital
or other medical facility, or in a day treatment center.

ARTICLE 5

SELF-SUFFICIENCY AND LIFELONG LEARNING

Section 1.

Minnesota Statutes 2016, section 124D.52, subdivision 7, is amended to read:

Subd. 7.

Performance tracking system.

(a) deleted text begin By July 1, 2000, each approved adult basic
education program must develop and deleted text end new text begin The commissioner of education must annually new text end
implement a performance tracking system to provide information necessary to comply with
federal law and serve as one means of assessing the effectiveness of adult basic education
programs. For required reporting, longitudinal studies, and program improvement, the
tracking system must be designed to collect data on the following core outcomes for learners,
including English learners, who have completed participating in the adult basic education
program:

(1) demonstrated improvements in literacy skill levels in reading, writing, speaking the
English language, numeracy, problem solving, English language acquisition, and other
literacy skills;

(2) placement in, retention in, or completion of postsecondary education, training,
unsubsidized employment, or career advancement;

(3) receipt of a secondary school diploma or its recognized equivalent; and

(4) reduction in participation in the deleted text begin diversionary work program, deleted text end Minnesota family
investment program deleted text begin , deleted text end and food support education and training program.

(b) A district, group of districts, state agency, or private nonprofit organization providing
an adult basic education program deleted text begin may meet this requirement by developing a tracking system
based on either or both of the following methodologies: deleted text end new text begin must
new text end

deleted text begin (1) conducting a reliable follow-up survey; or
deleted text end

deleted text begin (2) deleted text end deleted text begin submitting deleted text end new text begin submit new text end student information, including new text begin collected new text end Social Security numbers
for data matching.

deleted text begin Data related to obtaining employment must be collected in the first quarter following
program completion or can be collected while the student is enrolled, if known. Data related
to employment retention must be collected in the third quarter following program exit. deleted text end Data
related to any deleted text begin other deleted text end new text begin of the new text end specified deleted text begin outcome deleted text end new text begin outcomes new text end may be collected at any time during
a program year.

(c) When a student in a program is requested to provide the student's Social Security
number, the student must be notified in a written form easily understandable to the student
that:

(1) providing the Social Security number is optional and no adverse action may be taken
against the student if the student chooses not to provide the Social Security number;

(2) the request is made under section 124D.52, subdivision 7;

(3) if the student provides the Social Security number, it will be used to assess the
effectiveness of the program by tracking the student's subsequent career; and

(4) the Social Security number will be shared with the Department of Education;
Minnesota State Colleges and Universities; Office of Higher Education; Department of
Human Services; and Department of Employment and Economic Development in order to
accomplish the purposes described in paragraph (a) and will not be used for any other
purpose or reported to any other governmental entities.

(d) Annually a district, group of districts, state agency, or private nonprofit organization
providing programs under this section must forward the deleted text begin tracking data collected deleted text end new text begin data elements
specified by the Department of Education new text end to the Department of Education. For the purposes
of longitudinal studies on the employment status of former students under this section, the
Department of Education must forward the Social Security numbers to the Department of
Employment and Economic Development to electronically match the Social Security numbers
of former students with wage detail reports filed under section 268.044. The results of data
matches must, for purposes of this section and consistent with the requirements of the deleted text begin United
States Code, title 29, section 2871, of the Workforce Investment Act of 1998 deleted text end new text begin Workforce
Innovation and Opportunity Act new text end , be compiled in a longitudinal form by the Department of
Employment and Economic Development and released to the Department of Education in
the form of summary data that does not identify the individual students. The Department
of Education may release this summary data. State funding for adult basic education programs
must not be based on the number or percentage of students who decline to provide their
Social Security numbers or on whether the program is evaluated by means of a follow-up
survey instead of data matching.

ARTICLE 6

LIBRARIES

Section 1.

Minnesota Statutes 2016, section 134.31, subdivision 2, is amended to read:

Subd. 2.

Advice and instruction.

The Department of Education shall give advice and
instruction to the managers of any public library or to any governing body maintaining a
library or empowered to do so by law upon any matter pertaining to the organization,
maintenance, or administration of libraries. The department may also give advice and
instruction, as requested, to postsecondary educational institutions, new text begin public school districts
or charter schools, new text end state agencies, governmental units, nonprofit organizations, or private
entities. It shall assist, to the extent possible, in the establishment and organization of library
service in those areas where adequate services do not exist, and may aid in improving
previously established library services. The department shall also provide assistance to
school districts, regional library systems, and member libraries interested in offering joint
library services at a single location.

APPENDIX

Repealed Minnesota Statutes: 17-0347

124D.73 DEFINITIONS.

Subd. 2.

American Indian child.

"American Indian child" means any child, living on or off a reservation, who is enrolled or eligible for enrollment in a federally recognized tribe.