SF 1222

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/14/2017 09:35am

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 120A.22, by adding a subdivision; 120B.021, subdivisions 1, 3;
120B.022, subdivision 1b; 120B.12; 120B.125; 120B.30, subdivision 1a; 120B.31,
subdivision 4, by adding a subdivision; 120B.35, subdivision 3; 121A.22,
subdivision 2; 121A.221; 122A.415, subdivision 4; 123B.52, subdivision 1, by
adding a subdivision; 123B.92, subdivision 1; 124D.09, subdivisions 3, 5, 13, by
adding a subdivision; 124D.52, subdivision 7; 124D.549; 124D.55; 124E.02;
124E.03, subdivision 2; 124E.05, subdivisions 4, 7, by adding a subdivision;
124E.06, subdivision 7; 124E.07, subdivisions 3, 4, 7; 124E.10, by adding a
subdivision; 124E.11; 124E.16; 124E.17, subdivision 1; 125A.0941; 125A.515;
126C.17, subdivision 9; 127A.45, subdivision 10; 134.31, subdivision 2; 256J.08,
subdivisions 38, 39; proposing coding for new law in Minnesota Statutes, chapters
122A; 123B; repealing Minnesota Statutes 2016, sections 124D.73, subdivision
2; 124E.10, subdivision 5; Minnesota Rules, part 3500.3100, subpart 4.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2016, section 120A.22, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Attending courses at a nonpublic school. new text end

new text begin (a) A 9th, 10th, 11th, or 12th grade
student enrolled in a public school may attend courses at a nonpublic school as defined in
subdivision 4 at the student's expense for up to one-third of the minimum hours required
under section 120A.41.
new text end

new text begin (b) A district or school may grant academic credit to a pupil attending a nonsectarian
course at a nonpublic school for secondary credit pursuant to this subdivision if the pupil
successfully completes the course.
new text end

new text begin (c) The secondary credits granted to a pupil may be counted toward the graduation
requirements and subject area requirements of the school or district. Evidence of successful
completion of each course and secondary credits granted may 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 subdivision.
new text end

new text begin (d) Written notice of attendance in a course at a nonpublic school under this subdivision
must be provided to the pupil's school or district no later than 60 days before the first day
of the nonpublic school course.
new text end

new text begin (e) A pupil attending a course under this subdivision is ineligible for nonpublic pupil
aid under section 123B.42. A pupil attending a course under this subdivision shall continue
to generate average daily membership for the enrolling public school.
new text end

new text begin (f) Students who enroll in a course pursuant to this subdivision shall lose no rights,
privileges, or access to services from the district.
new text end

Sec. 2.

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. 3.

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. 4.

Minnesota Statutes 2016, section 123B.52, subdivision 1, is amended to read:

Subdivision 1.

Contracts.

A contract for work or labor, or for the purchase of furniture,
fixtures, or other property, except books registered under the copyright laws and information
systems software, or for the construction or repair of school houses, the estimated cost or
value of which shall exceed that specified in section 471.345, subdivision 3, must not be
made by the school board without first advertising for bids or proposals by two weeks'
published notice in the official newspaper. This notice must state the time and place of
receiving bids and contain a brief description of the subject matter.

Additional publication in the official newspaper or elsewhere may be made as the board
shall deem necessary.

After taking into consideration conformity with the specifications, terms of delivery,
and other conditions imposed in the call for bids, every such contract for which a call for
bids has been issued must be awarded to the lowest responsible bidder, be duly executed
in writing, and be otherwise conditioned as required by law. The person to whom the contract
is awarded shall give a sufficient bond to the board for its faithful performance.
Notwithstanding section 574.26 or any other law to the contrary, on a contract limited to
the purchase of a finished tangible product, a board may require, at its discretion, a
performance bond of a contractor in the amount the board considers necessary. A record
must be kept of all bids, with names of bidders and amount of bids, and with the successful
bid indicated thereon. A bid containing an alteration or erasure of any price contained in
the bid which is used in determining the lowest responsible bid must be rejected unless the
alteration or erasure is corrected as provided in this section. An alteration or erasure may
be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
initialed in ink by the person signing the bid. In the case of identical low bids from two or
more bidders, the board may, at its discretion, utilize negotiated procurement methods with
the tied low bidders for that particular transaction, so long as the price paid does not exceed
the low tied bid price. In the case where only a single bid is received, the board may, at its
discretion, negotiate a mutually agreeable contract with the bidder so long as the price paid
does not exceed the original bid. If no satisfactory bid is received, the board may readvertise.
Standard requirement price contracts established for supplies or services to be purchased
by the district must be established by competitive bids. Such standard requirement price
contracts may contain escalation clauses and may provide for a negotiated price increase
or decrease based upon a demonstrable industrywide or regional increase or decrease in the
vendor's costs. Either party to the contract may request that the other party demonstrate
such increase or decrease. The term of such contracts must not exceed two years with an
option on the part of the district to renew for an additional two years new text begin , except as provided in
subdivision 7 new text end . Contracts for the purchase of perishable food items, except milk for school
lunches and vocational training programs, in any amount may be made by direct negotiation
by obtaining two or more written quotations for the purchase or sale, when possible, without
advertising for bids or otherwise complying with the requirements of this section or section
471.345, subdivision 3. All quotations obtained shall be kept on file for a period of at least
one year after receipt.

Every contract made without compliance with the provisions of this section shall be
void. Except in the case of the destruction of buildings or injury thereto, where the public
interest would suffer by delay, contracts for repairs may be made without advertising for
bids.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for contracts entered into on or after July
1, 2017.
new text end

Sec. 5.

Minnesota Statutes 2016, section 123B.52, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Food service contracts. new text end

new text begin A contract between a school board and a food service
management company that complies with Code of Federal Regulations, title 7, section
210.16, may be renewed annually after its initial term for not more than four additional
years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for contracts entered into on or after July
1, 2017.
new text end

Sec. 6.

new text begin [123B.651] ENERGY USE REDUCTION AND REPORTING FOR PUBLIC
SCHOOLS.
new text end

new text begin Beginning October 1, 2017, each public school or school district reporting on behalf of
a public school must enter and maintain monthly utility consumption data into the Minnesota
B3 benchmarking program for all buildings under its custodial control.
new text end

Sec. 7.

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. 8.

Minnesota Statutes 2016, section 126C.17, subdivision 9, is amended to read:

Subd. 9.

Referendum revenue.

(a) The revenue authorized by section 126C.10,
subdivision 1, may be increased in the amount approved by the voters of the district at a
referendum called for the purpose. The referendum may be called by the board. The
referendum must be conducted one or two calendar years before the increased levy authority,
if approved, first becomes payable. Only one election to approve an increase may be held
in a calendar year. Unless the referendum is conducted by mail under subdivision 11,
paragraph (a), the referendum must be held on the first Tuesday after the first Monday in
November. The ballot must state the maximum amount of the increased revenue per adjusted
pupil unit. The ballot may state a schedule, determined by the board, of increased revenue
per adjusted pupil unit that differs from year to year over the number of years for which the
increased revenue is authorized or may state that the amount shall increase annually by the
rate of inflation. For this purpose, the rate of inflation shall be the annual inflationary increase
calculated under subdivision 2, paragraph (b). The ballot may state that existing referendum
levy authority is expiring. In this case, the ballot may also compare the proposed levy
authority to the existing expiring levy authority, and express the proposed increase as the
amount, if any, over the expiring referendum levy authority. The ballot must designate the
specific number of years, not to exceed ten, for which the referendum authorization applies.
The ballot, including a ballot on the question to revoke or reduce the increased revenue
amount under paragraph (c), must abbreviate the term "per adjusted pupil unit" as "per
pupil." The notice required under section 275.60 may be modified to read, in cases of
renewing existing levies at the same amount per pupil as in the previous year:

"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING TO
EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS SCHEDULED
TO EXPIRE."

The ballot may contain a textual portion with the information required in this subdivision
and a question stating substantially the following:

"Shall the increase in the revenue proposed by (petition to) the board of ........., School
District No. .., be approved?"

If approved, an amount equal to the approved revenue per adjusted pupil unit times the
adjusted pupil units for the school year beginning in the year after the levy is certified shall
be authorized for certification for the number of years approved, if applicable, or until
revoked or reduced by the voters of the district at a subsequent referendum.

(b) The board must deleted text begin prepare and deleted text end deliver by deleted text begin first class deleted text end mail at least 15 days but no more
than 30 days before the day of the referendum to each taxpayer a notice of the referendum
and the proposed revenue increase. The board need not mail more than one notice to any
taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be
those shown to be owners on the records of the county auditor or, in any county where tax
statements are mailed by the county treasurer, on the records of the county treasurer. Every
property owner whose name does not appear on the records of the county auditor or the
county treasurer is deemed to have waived this mailed notice unless the owner has requested
in writing that the county auditor or county treasurer, as the case may be, include the name
on the records for this purpose. The notice must project the anticipated amount of tax increase
in annual dollars for typical residential homesteads, agricultural homesteads, apartments,
and commercial-industrial property within the school district.

The notice for a referendum may state that an existing referendum levy is expiring and
project the anticipated amount of increase over the existing referendum levy in the first
year, if any, in annual dollars for typical residential homesteads, agricultural homesteads,
apartments, and commercial-industrial property within the district.

The notice must include the following statement: "Passage of this referendum will result
in an increase in your property taxes." However, in cases of renewing existing levies, the
notice may include the following statement: "Passage of this referendum extends an existing
operating referendum at the same amount per pupil as in the previous year."

(c) A referendum on the question of revoking or reducing the increased revenue amount
authorized pursuant to paragraph (a) may be called by the board. A referendum to revoke
or reduce the revenue amount must state the amount per adjusted pupil unit by which the
authority is to be reduced. Revenue authority approved by the voters of the district pursuant
to paragraph (a) must be available to the school district at least once before it is subject to
a referendum on its revocation or reduction for subsequent years. Only one revocation or
reduction referendum may be held to revoke or reduce referendum revenue for any specific
year and for years thereafter.

(d) The approval of 50 percent plus one of those voting on the question is required to
pass a referendum authorized by this subdivision.

(e) At least 15 days before the day of the referendum, the district must submit a copy of
the notice required under paragraph (b) to the commissioner and to the county auditor of
each county in which the district is located. Within 15 days after the results of the referendum
have been certified by the board, or in the case of a recount, the certification of the results
of the recount by the canvassing board, the district must notify the commissioner of the
results of the referendum.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 9.

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. 10. 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 2018-2019 school year.

(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 with 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

new text begin (e) A student, other than a student under an individualized education program (IEP),
who is unable to demonstrate grade-level proficiency as measured by the statewide reading
assessment in grade 3 shall receive a personal learning plan in a format determined by the
school or school district in consultation with classroom teachers, and developed and updated
as needed in consultation, to the extent practicable, with the student and the student's parents
by the classroom teachers and other qualified school professionals involved with the student's
elementary school progress. A personal learning plan shall address knowledge gaps and
skill deficiencies through strategies such as specific exercises and practices during and
outside of the regular school day, periodic assessments and timelines, and may include grade
retention, if necessary, to meet the student's best interests. Intervention must continue after
grade 3 until the student is reading at grade level.
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.125, is amended to read:

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

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

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

(2) emphasize academic rigor and high expectations new text begin and inform the student and their
parent or guardian, if the student is a minor, of the student's achievement level score on the
Minnesota Comprehensive Assessments that are administered during high school new text end ;

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

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

(5) help students access education and career options;

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

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

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

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

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

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

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

(e) If a student with a disability has an individualized education program (IEP) or
standardized written plan that meets the plan components of this section, the IEP satisfies
the requirement and no additional transition plan is needed.

new text begin (f) Students who do not meet or exceed Minnesota academic standards, as measured by
the Minnesota Comprehensive Assessments that are administered during high school, shall
be informed that admission to a public school is free and available to any resident under 21
years of age or who meets the requirements of section 120A.20, subdivision 1, paragraph
(c). A student's plan under this section shall continue while the student is enrolled.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 6.

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. 7.

Minnesota Statutes 2016, section 120B.31, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Rollout sites; report. new text end

new text begin The commissioner of education shall designate up to
six school districts or charter schools as rollout sites.
new text end

new text begin (a) The rollout sites should represent urban school districts, suburban school districts,
nonurban school districts, and charter schools. The commissioner shall designate rollout
sites and notify the schools by August 1, 2017, and the designated school districts or charter
schools will have the right to opt-out or opt-in as rollout sites by September 1, 2017.
new text end

new text begin (b) The commissioner must consult stakeholders and review the American Community
Survey to develop recommendations for best practices for disaggregated data. Stakeholders
consulted under this paragraph include at least:
new text end

new text begin (1) the rollout sites;
new text end

new text begin (2) parent groups; and
new text end

new text begin (3) community representatives.
new text end

new text begin (c) The commissioner shall report to the legislative committees having jurisdiction over
kindergarten through grade 12 education policy and finance by February 1, 2018. The
commissioner may research best practices from other states that have disaggregated data
beyond the requirements of the most recent reauthorization of the Elementary and Secondary
Education Act. The commissioner must consult the stakeholders on how to measure a
student's background as an immigrant or a refugee and provide a recommendation in the
report on how to include the data in the statewide rollout. The recommendations may address:
new text end

new text begin (1) the most meaningful use of disaggregated data, including but not limited to which
reports should include further disaggregated data;
new text end

new text begin (2) collection of additional student characteristics, including but not limited to ensuring
enhanced enrollment forms:
new text end

new text begin (i) provide context and the objective of additional data;
new text end

new text begin (ii) are designed to convey respect and acknowledgment of the sensitive nature of the
additional data; and
new text end

new text begin (iii) are designed to collect data consistent with user feedback;
new text end

new text begin (3) efficient data-reporting approaches when reporting additional information to the
department;
new text end

new text begin (4) the frequency by which districts and schools must update enrollment forms to meet
the needs of the state's changing racial and ethnic demographics; and
new text end

new text begin (5) the criteria for determining additional data. This recommendation should include a
recommendation for frequency of reviews and updates of the additional data and should
also identify the approach of updating any additional census data and data on new enrollees.
This recommendation must consider additional student groups that may face education
disparities and must take into account maintaining student privacy and providing
nonidentifiable student level data.
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. 8.

Minnesota Statutes 2016, section 120B.31, subdivision 4, is amended to read:

Subd. 4.

Student performance data.

In developing policies and assessment processes
to hold schools and districts accountable for high levels of academic standards under section
120B.021, the commissioner shall aggregate and disaggregate student data over time to
report summary student performance and growth levels and, under section 120B.11,
subdivision 2, clause (2), student learning and outcome data measured at the school, school
district, and statewide level. The commissioner shall use the student categories identified
under the federal Elementary and Secondary Education Act, as most recently reauthorized,
and student categories of homelessness, ethnicity new text begin under section 120B.35, subdivision 3,
paragraph (a), clause (2) new text end , race new text begin under section 120B.35, subdivision 3, paragraph (a), clause
(2) new text end , home language, deleted text begin immigrant, refugee status, deleted text end English learners under section 124D.59, free
or reduced-price lunch, and other categories designated by federal law to organize and report
the data so that state and local policy makers can understand the educational implications
of changes in districts' demographic profiles over time as data are available. Any report the
commissioner disseminates containing summary data on student performance must integrate
student performance and the demographic factors that strongly correlate with that
performance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 9.

Minnesota Statutes 2016, section 120B.35, subdivision 3, is amended to read:

Subd. 3.

State growth target; other state measures.

(a)(1) The state's educational
assessment system measuring individual students' educational growth is based on indicators
of achievement growth that show an individual student's prior achievement. Indicators of
achievement and prior achievement must be based on highly reliable statewide or districtwide
assessments.

(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and
report separate categories of information using the student categories identified under the
federal Elementary and Secondary Education Act, as most recently reauthorized, and, in
addition to new text begin "other" for each race and ethnicity and new text end the Karen community, deleted text begin other student
categories as determined by the total Minnesota population at or above the 1,000-person
threshold based on the most recent decennial census, including ethnicity; race; refugee status deleted text end new text begin
seven of the most populous Asian and Pacific Islander groups, three of the most populous
Native groups, seven of the most populous Hispanic/Latino groups, and five of the most
populous Black and African Heritage groups as determined by the total Minnesota population
based on the most recent state demographer's report new text end ; English learners under section 124D.59;
home language; free or reduced-price lunch; deleted text begin immigrant; deleted text end and all students enrolled in a
Minnesota public school who are currently or were previously in foster care, except that
such disaggregation and cross tabulation is not required if the number of students in a
category is insufficient to yield statistically reliable information or the results would reveal
personally identifiable information about an individual student.

(b) The commissioner, in consultation with a stakeholder group that includes assessment
and evaluation directors, district staff, experts in culturally responsive teaching, and
researchers, must implement a model that uses a value-added growth indicator and includes
criteria for identifying schools and school districts that demonstrate medium and high growth
under section 120B.299, subdivisions 8 and 9, and may recommend other value-added
measures under section 120B.299, subdivision 3. The model may be used to advance
educators' professional development and replicate programs that succeed in meeting students'
diverse learning needs. Data on individual teachers generated under the model are personnel
data under section 13.43. The model must allow users to:

(1) report student growth consistent with this paragraph; and

(2) for all student categories, report and compare aggregated and disaggregated state
student growth and, under section 120B.11, subdivision 2, clause (2), student learning and
outcome data using the student categories identified under the federal Elementary and
Secondary Education Act, as most recently reauthorized, and other student categories under
paragraph (a), clause (2).

The commissioner must report measures of student growth and, under section 120B.11,
subdivision 2, clause (2), student learning and outcome data, consistent with this paragraph,
including the English language development, academic progress, and oral academic
development of English learners and their native language development if the native language
is used as a language of instruction, and include data on all pupils enrolled in a Minnesota
public school course or program who are currently or were previously counted as an English
learner under section 124D.59.

(c) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures indicating
the extent to which current high school graduates are being prepared for postsecondary
academic and career opportunities:

(1) a preparation measure indicating the number and percentage of high school graduates
in the most recent school year who completed course work important to preparing them for
postsecondary academic and career opportunities, consistent with the core academic subjects
required for admission to Minnesota's public colleges and universities as determined by the
Office of Higher Education under chapter 136A; and

(2) a rigorous coursework measure indicating the number and percentage of high school
graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options including concurrent enrollment, other rigorous courses of study under section
120B.021, subdivision 1a, or industry certification courses or programs.

When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the student categories identified
under the federal Elementary and Secondary Education Act, as most recently reauthorized,
and other student categories under paragraph (a), clause (2).

(d) When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, must report summary data on school safety
and students' engagement and connection at school, consistent with the student categories
identified under paragraph (a), clause (2). The summary data under this paragraph are
separate from and must not be used for any purpose related to measuring or evaluating the
performance of classroom teachers. The commissioner, in consultation with qualified experts
on student engagement and connection and classroom teachers, must identify highly reliable
variables that generate summary data under this paragraph. The summary data may be used
at school, district, and state levels only. Any data on individuals received, collected, or
created that are used to generate the summary data under this paragraph are nonpublic data
under section 13.02, subdivision 9.

(e) For purposes of statewide educational accountability, the commissioner must identify
and report measures that demonstrate the success of learning year program providers under
sections 123A.05 and 124D.68, among other such providers, in improving students'
graduation outcomes. The commissioner, beginning July 1, 2015, must annually report
summary data on:

(1) the four- and six-year graduation rates of students under this paragraph;

(2) the percent of students under this paragraph whose progress and performance levels
are meeting career and college readiness benchmarks under section 120B.30, subdivision
1; and

(3) the success that learning year program providers experience in:

(i) identifying at-risk and off-track student populations by grade;

(ii) providing successful prevention and intervention strategies for at-risk students;

(iii) providing successful recuperative and recovery or reenrollment strategies for off-track
students; and

(iv) improving the graduation outcomes of at-risk and off-track students.

The commissioner may include in the annual report summary data on other education
providers serving a majority of students eligible to participate in a learning year program.

(f) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of all English
learners enrolled in a Minnesota public school course or program who are currently or were
previously counted as an English learner under section 124D.59, must identify and report
appropriate and effective measures to improve current categories of language difficulty and
assessments, and monitor and report data on students' English proficiency levels, program
placement, and academic language development, including oral academic language.

new text begin (g) When reporting four- and six-year graduation rates, the commissioner or school
district must disaggregate the data by student categories according to paragraph (a), clause
(2).
new text end

new text begin (h) A school district must inform parents and guardians that volunteering information
on student categories not required by the most recent reauthorization of the Elementary and
Secondary Education Act is optional and will not violate the privacy of students or their
families, parents, or guardians. The notice must state the purpose for collecting the student
data.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later
for rollout sites under Minnesota Statutes, section 120B.31, subdivision 3a. This section is
effective for the 2019-2020 school year and later for all other schools.
new text end

Sec. 10.

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. 11.

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. 12.

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. 13.

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. 14.

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.

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

(f) "Person" means an individual or entity of any kind.

(g) "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.

(h) new text begin "Charter management organizations" (CMO) means any nonprofit entity that contracts
with a charter school board of directors to provide, manage, or oversee all or substantially
all of the school's educational design or implementation, or the charter school's administrative,
financial, business, or operational functions.
new text end

new text begin (i) "Education management organization" (EMO) means any for-profit entity that
provides, manages, or oversees all or substantially all of the educational design or
implementation, or the charter school's administrative, financial, business, or operational
functions.
new text end

new text begin (j) "Online education service provider" means an organization that provides the online
learning management system, virtual learning environment, or online student management
system and services for the implementation and operation of the online education program.
new text end

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

Sec. 15.

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. 16.

Minnesota Statutes 2016, section 124E.05, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Role, responsibilities, and requirements of authorizers. new text end

new text begin (a) The role of an
authorizer is to ensure that the schools it authorizes fulfill the purposes for chartered public
schools and the agreed upon terms of the charter contract in order to safeguard quality
educational opportunities for students and maintain public trust and confidence.
new text end

new text begin (b) An authorizer has the following responsibilities:
new text end

new text begin (1) to review applications for new schools and grade and site expansions of current
schools, and determine whether to approve or deny the applications based on sound criteria
and needs;
new text end

new text begin (2) to negotiate and execute performance charter contracts with the schools it authorizes;
new text end

new text begin (3) to conduct ongoing monitoring and oversight of the school's academic, operational,
and financial performance commensurate with the school's circumstances during the term
of the charter contract; and
new text end

new text begin (4) to evaluate the academic, operational, and financial performance of the school as
defined in the charter contract prior to the end of the contract to determine the renewal status
or termination of the contract.
new text end

new text begin (c) The commissioner shall not require an authorizer to undertake any role or
responsibility beyond those in statute or the charter contract, or perform any oversight
function which the department exercises in relation to any other public school.
new text end

new text begin (d) The authorizer shall document in the annual income and expenditure report under
subdivision 8 the training its staff and consultants participated in during the previous school
year relative to chartering and authorizer role and responsibilities.
new text end

new text begin (e) The authorizer must participate in annual department approved training.
new text end

Sec. 17.

Minnesota Statutes 2016, section 124E.05, subdivision 4, is amended to read:

Subd. 4.

Application content.

(a) To be approved as an authorizer, an applicant must
include in its application to the commissioner at least the following:

(1) how the organization carries out its mission by chartering schools;

(2) a description of the capacity of the organization to serve as an authorizer, including
the positions allocated to authorizing duties, the qualifications for those positions, the
full-time equivalencies of those positions, and the financial resources available to fund the
positions;

(3) the application and review process the authorizer uses to decide whether to grant
charters;

(4) the type of contract it arranges with the schools it charters to meet the provisions of
section 124E.10;

(5) the process for overseeing the school, consistent with clause (4), to ensure that the
schools chartered comply with applicable law and rules and the contract;

(6) the criteria and process the authorizer uses to approve applications adding grades or
sites under section 124E.06, subdivision 5; new text begin and
new text end

(7) the process for renewing or terminating the school's charter based on evidence
showing the academic, organizational, and financial competency of the school, including
its success in increasing student achievement and meeting the goals of the charter school
agreement deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (8) an assurance specifying that the organization is committed to serving as an authorizer
for the full five-year term.
deleted text end

(b) Notwithstanding paragraph (a), an authorizer that is a school district may satisfy the
requirements of paragraph (a), clauses (1) and (2), and any requirement governing a conflict
of interest between an authorizer and its charter schools or ongoing evaluation or continuing
education of an administrator or other professional support staff by submitting to the
commissioner a written promise to comply with the requirements.

Sec. 18.

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 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. new text begin Upon notification
of the schools and commissioner, the authorizer must provide a letter to the school for
distribution to families of students enrolled in the school that explains the decision to
withdraw as an authorizer and outlines the process the authorizer will undertake to assist
the school's transfer to another authorizer. new text end The commissioner may approve the transfer of
a charter school to a new authorizer under section 124E.10, subdivision deleted text begin 5 deleted text end new text begin 5a new text end .

Sec. 19.

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.

(b) Each merging school must submit a separate year-end report for the previous fiscal
year for that school only. 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.

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

new text begin (d) A charter school notified that its contract is not being renewed or terminated under
section 124E.10, subdivision 4, may merge with another school only if the school proposing
to take over the school:
new text end

new text begin (1) has a compatible academic or learning program;
new text end

new text begin (2) had, as of June 30 of the previous year, a net positive unreserved general fund balance
for at least three fiscal years; and
new text end

new text begin (3) submits a plan for the assimilation of the schools into a merged school that is approved
by the authorizers of the schools involved in the merger.
new text end

new text begin After approving the school's plan for the assimilation of the schools into a merged school,
the authorizer shall submit an affidavit in the form and manner prescribed by the
commissioner at least 60 business days prior to contract nonrenewal or contract termination.
new text end

Sec. 20.

Minnesota Statutes 2016, section 124E.07, subdivision 3, is amended to read:

Subd. 3.

Membership criteria.

(a) The ongoing charter school board of directors shall
have at least five nonrelated members and include: (1) at least one licensed teacher who is
employed as a teacher deleted text begin at deleted text end new text begin by new text end the school or provides instruction under contract between the
charter school and a cooperative; (2) at least one parent or legal guardian of a student enrolled
in the charter school who is not an employee of the charter school; and (3) at least one
interested community member who resides in Minnesota, is not employed by the charter
school, and does not have a child enrolled in the school. The board structure may include
a majority of teachers under this paragraph or parents or community members, or it may
have no clear majority. The deleted text begin chief financial officer and the deleted text end chief administrator may only
serve as ex-officio nonvoting board members. No charter school employees shall serve on
the board other than teachers under clause (1). Contractors providing facilities, goods, or
services to a charter school shall not serve on the board of directors of the charter school.

(b) An individual is prohibited from serving as a member of the charter school board of
directors if: (1) the individual, an immediate family member, or the individual's partner is
a full or part owner or principal with a for-profit or nonprofit entity or independent contractor
with whom the charter school contracts, directly or indirectly, for professional services,
goods, or facilities; or (2) an immediate family member is an employee of the school. An
individual may serve as a member of the board of directors if no conflict of interest exists
under this paragraph, consistent with this section.

(c) A violation of paragraph (b) renders a contract voidable at the option of the
commissioner or the charter school board of directors. A member of a charter school board
of directors who violates paragraph (b) is individually liable to the charter school for any
damage caused by the violation.

(d) Any employee, agent, or board member of the authorizer who participates in initially
reviewing, approving, overseeing, evaluating, renewing, or not renewing the charter school
is ineligible to serve on the board of directors of a school chartered by that authorizer.

Sec. 21.

Minnesota Statutes 2016, section 124E.07, subdivision 4, is amended to read:

Subd. 4.

Board structure.

Board bylaws shall outline the process and procedures for
changing the board's governance structure, consistent with chapter 317A. A board may
change its governance structure only:

(1) by a majority vote of the board of directors deleted text begin and deleted text end new text begin ;
new text end

new text begin (2) new text end a majority vote of the licensed teachers employed by the school as teachers, including
licensed teachers providing instruction under a contract between the school and a cooperative;
and

deleted text begin (2) deleted text end new text begin (3) new text end with the authorizer's approval.

Any change in board governance structure must conform with the board composition
established under this section.

Sec. 22.

Minnesota Statutes 2016, section 124E.07, subdivision 7, is amended to read:

Subd. 7.

Training.

Every charter school board member new text begin , including voting and nonvoting
ex-officio members, new text end shall attend annual training throughout the member's term. All new
board members shall attend initial training on the board's role and responsibilities,
employment policies and practices, and financial management. A new board member who
does not begin the required initial training within deleted text begin six deleted text end new text begin three new text end months after being seated and
complete that training within deleted text begin 12 deleted text end new text begin nine new text end months after being seated is automatically ineligible
to continue to serve as a board member. The school shall include in its annual report the
training each board member attended during the previous year.

Sec. 23.

Minnesota Statutes 2016, section 124E.10, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin School transfer of authorizers. new text end

new text begin (a) If the authorizer and the charter school
board mutually agree to not renew the contract for a reason unrelated to any cause under
subdivision 4, the authorizer and charter school must jointly submit to the commissioner a
written and signed letter of their intent 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 contractual obligations. The charter contract between the proposed authorizers
and the school must identify and provide a plan to address any outstanding obligations. If
the commissioner does not approve the transfer of authorizer, the current authorizer and the
school may withdraw their letter of nonrenewal and enter into a new contract. If the
commissioner does not approve the transfer and the authorizer and school enter into a new
contract without withdrawing their letter of nonrenewal, the school must be dissolved
according to applicable law and the terms of the contract.
new text end

new text begin (b) If, at the end of a contract, a charter school board votes to not renew its contract with
the authorizer, is not subject to action under an authorizer's established corrective action or
intervention plan as defined in their current contract, and is not subject to action of the
authorizer under subdivision 4, the charter school board must notify the authorizer and
commissioner that it does not plan to renew the relationship with the authorizer. The
authorizer that is party to the existing contract must inform the proposed authorizer about
the fiscal, operational, and student performance status of the school. The charter contract
between the proposed authorizer and the school must identify and provide a plan to address
any performance issues identified by the current authorizer. If the commissioner does not
approve the transfer of authorizers and the current authorizer and school do not enter into
a new contract, the school must be dissolved according to applicable law and the terms of
the contract.
new text end

new text begin (c) If the governing board of an approved authorizer votes to withdraw as an authorizer
under section 124E.05, subdivision 7, the proposed authorizer may submit a transfer request
to the commissioner at any time after the withdrawing authorizer has given proper notice
to the commissioner and the schools it authorizes. The authorizer and school board of
directors must, in a joint letter, notify families of students enrolled in the school the date of
the withdrawal, outline the process to change authorizers, and the possible outcomes of that
process. The commissioner shall have 20 business days to review the transfer request and
notify the proposed authorizer and the school of the commissioner's decision. The proposed
authorizer and the school have 15 business days to address any issues identified by the
commissioner's review. The commissioner shall have 20 business days after the proposed
authorizer and the school address any issues identified by the commissioner's initial review
to make a final determination.
new text end

new text begin (d) If the commissioner withdraws the authority of the authorizer to authorize schools
under section 124E.05, subdivision 6, the commissioner shall develop a transfer of authorizer
plan with the authorizer, the charter school, and the proposed authorizer. This paragraph
applies to schools not subject to nonrenewal for any cause under subdivision 4.
new text end

new text begin (e) Transfer requests with the proposed contracts under paragraphs (a) and (b) shall be
submitted to the commissioner at least 105 business days before the end of an existing
contract. The commissioner shall have 30 business days to review the transfer request and
notify the proposed authorizer and the school of the commissioner's decision. The proposed
authorizer and the school shall have 15 business days to address any issues identified by
the commissioner's review. The commissioner shall make a final determination of the transfer
request not later than 45 business days before the end of the current contract.
new text end

Sec. 24.

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 new text begin or any agent of the school new text end shall not distribute any services deleted text begin or deleted text end new text begin , new text end
goods new text begin , payments, or other incentives new text end 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 deleted text begin student formally withdraws deleted text end new text begin school receives a request for the transfer of
educational records from another school, or a written election by the parent or guardian of
the student withdrawing the student, new text end 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. 25.

Minnesota Statutes 2016, section 124E.16, is amended to read:

124E.16 REPORTS.

Subdivision 1.

Audit report.

(a) A charter school is subject to the same financial audits,
audit procedures, and audit requirements as a district, except as required under this
subdivision. Audits must be conducted in compliance with generally accepted governmental
auditing standards, the federal Single Audit Act, if applicable, and section 6.65 governing
auditing procedures. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06 governing government property
and financial investments; and sections 471.38; 471.391; 471.392; and 471.425 governing
municipal contracting. The audit must comply with the requirements of sections 123B.75
to 123B.83 governing school district finance, except when the commissioner and authorizer
approve a deviation made necessary because of school program finances. The commissioner,
state auditor, legislative auditor, or authorizer may conduct financial, program, or compliance
audits. A charter school in statutory operating debt under sections 123B.81 to 123B.83 must
submit a plan under section 123B.81, subdivision 4.

(b) The charter school must submit an audit report to the commissioner and its authorizer
annually by December 31.

(c) The charter school, with the assistance of the auditor conducting the audit, must
include with the new text begin audit new text end report, as supplemental information: (1) a copy of new text begin a new new text end management
deleted text begin agreements deleted text end new text begin agreement or an amendment to a current agreement new text end with a deleted text begin charter management
organization deleted text end new text begin CMO or EMO signed during the audit year; new text end or deleted text begin an educational management
organization and deleted text end (2) deleted text begin service agreements or contracts over the lesser of $100,000 or ten
percent of the school's most recent annual audited expenditures deleted text end new text begin a copy of a new agreement
or amendment to a current contract with an online education service provider; and (3) a
copy of a service agreement or contract with a company or individual totalling over ten
percent of the audited expenditures for the most recent audit year new text end . The agreements must
detail the terms of the agreement, including the services provided and the annual costs for
those services. deleted text begin If the entity that provides the professional services to the charter school is
exempt from taxation under section 501 of the Internal Revenue Code of 1986, that entity
must file with the commissioner by February 15 a copy of the annual return required under
section 6033 of the Internal Revenue Code of 1986.
deleted text end

(d) A charter school independent audit report shall include audited financial data of an
affiliated building corporation under section 124E.13, subdivision 3, or other component
unit.

(e) If the audit report finds that a material weakness exists in the financial reporting
systems of a charter school, the charter school must submit a written report to the
commissioner explaining how the charter school will resolve that material weakness. An
auditor, as a condition of providing financial services to a charter school, must agree to
make available information about a charter school's financial audit to the commissioner and
authorizer upon request.

Subd. 2.

Annual public reports.

(a) A charter school must publish an annual report
approved by the board of directors. The annual report must at least include information on
school enrollment, student attrition, governance and management, staffing, finances,
new text begin management agreements with a CMO, EMO, or online education service provider, new text end academic
performance, innovative practices and implementation, and future plans. A charter school
may combine this report with the reporting required under section 120B.11 governing the
world's best workforce. A charter school must post the annual report on the school's official
Web site. A charter school also must distribute the annual report by publication, mail, or
electronic means to its authorizer, school employees, and parents and legal guardians of
students enrolled in the charter school. The reports are public data under chapter 13.

(b) An authorizer must submit an annual public report in a manner specified by the
commissioner by January 15 for the previous school year ending June 30 that shall at least
include key indicators of school academic, operational, and financial performance. The
report is part of the system to evaluate authorizer performance under section 124E.05,
subdivision 5.

new text begin Subd. 3. new text end

new text begin Public accountability and reporting of education management and online
education service provider agreements. new text end

new text begin (a) A charter school that enters into a management
agreement with a CMO, EMO, or an online education service provider must:
new text end

new text begin (1) publish on its Web site for at least 20 business days the proposed final agreement
for public review and comment before the school board may adopt the contract or agreement.
Any changes made to the posted agreement during the public review period or any proposed
amendments to the agreement once adopted must be posted for 20 business days before the
board may adopt the amendments to the contract;
new text end

new text begin (2) annually publish on its Web site a statement of assurance that no member of the
school board, employee, or any agent of the school has been promised or received any form
of compensation or gifts from the CMO, EMO, or online education service provider and
that no person involved as a board member, employee, or agent of the CMO, EMO, or online
education service provider or any of the affiliates of these organizations or providers serve
on the charter school board; and
new text end

new text begin (3) conduct an independent review and evaluation of the services provided by the CMO,
EMO, or online education service provider and publish the evaluation on the school's Web
site at least 60 business days before the end of the current contract.
new text end

new text begin (b) All management agreements with a CMO, EMO, or online education service provider
must contain the following provisions:
new text end

new text begin (1) the term of the contract, which may not be longer than five years;
new text end

new text begin (2) the total dollar value of the contract, including the annual projected costs of services;
new text end

new text begin (3) the description and terms of the services to be provided during the term of the contract;
new text end

new text begin (4) a statement that if the charter school closes during the term of the contract by action
of the authorizer or the school's board, the balance of the current contract becomes null and
void;
new text end

new text begin (5) an annual statement of assurance to the school board that the CMO, EMO, or online
education service provider provided no compensation or gifts to any school board member,
staff member, or agent of the school;
new text end

new text begin (6) an annual statement of assurance that no board member, employee, contractor, or
agent of the CMO, EMO, or online education service provider or any affiliated organization
is a board member of the school;
new text end

new text begin (7) the policies and protocols that meet federal and state laws regarding student and
personnel data collection, usage, access, retention, disclosure and destruction, and
indemnification and warranty provisions in case of data breaches by the CMO, EMO, or
online education service provider;
new text end

new text begin (8) the CMO, EMO, or online education service provider must annually provide the
school board a financial report that details revenue and expenses attributed to the contract
by July 31 for the previous fiscal year that accounts for using the account categories in the
uniform financial accounting and reporting standards; and
new text end

new text begin (9) an annual assurance that all assets purchased on behalf of the charter school using
public funds remain assets of the school.
new text end

new text begin (c) Any agreement with a CMO, EMO, or an online education service provider containing
any of the following provisions is null and void:
new text end

new text begin (1) restrictions on the charter school's ability to operate a school upon termination of
the agreement;
new text end

new text begin (2) restrictions on the annual or total amount of the school's operating surplus or fund
balance;
new text end

new text begin (3) authorization to allow a CMO, EMO, or online education service provider to withdraw
funds from a charter school account; or
new text end

new text begin (4) authorization to allow a CMO, EMO, or online education service provider to loan
funds to the school.
new text end

Sec. 26.

Minnesota Statutes 2016, section 124E.17, subdivision 1, is amended to read:

Subdivision 1.

Charter school information.

(a) Charter schools must disseminate
information about how to use the charter school offerings to targeted groups, among others.
Targeted groups include low-income families and communities, students of color, and
students who are at risk of academic failure.

(b) Authorizers and the commissioner must disseminate information to the public on
how to form and operate a charter school. Authorizers, operators, and the commissioner
also may disseminate information to interested stakeholders about the successful best
practices in teaching and learning demonstrated by charter schools.

new text begin (c) A charter school must document its dissemination efforts in its annual report.
new text end

Sec. 27. new text begin FEDERAL EVERY STUDENT SUCCEEDS ACT FUNDING FOR
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH (STEM) ACTIVITIES.
new text end

new text begin School districts are encouraged to use the funding provided for activities to support the
effective use of technology under Title IV, Part A, of the federal Every Student Succeeds
Act for:
new text end

new text begin (1) mentor-led, hands-on STEM education and engagement with materials that support
inquiry-based and active learning;
new text end

new text begin (2) student participation in STEM competitions, including robotics competitions; and
new text end

new text begin (3) mentor-led, classroom-based, after-school activities with informal STEM instruction
and education.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 28. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 124E.10, subdivision 5, new text end new text begin is repealed.
new text end

ARTICLE 3

TEACHERS

Section 1.

Minnesota Statutes 2016, section 122A.415, subdivision 4, is amended to read:

Subd. 4.

Basic alternative teacher compensation aid.

(a) The basic alternative teacher
compensation aid for a school with a plan approved under section 122A.414, subdivision
2b, equals 65 percent of the alternative teacher compensation revenue under subdivision 1.
The basic alternative teacher compensation aid for a charter school with a plan approved
under section 122A.414, subdivisions 2a and 2b, equals $260 times the number of pupils
enrolled in the school on October 1 of the previous year, or on October 1 of the current year
for a charter school in the first year of operation, times the ratio of the sum of the alternative
teacher compensation aid and alternative teacher compensation levy for all participating
school districts to the maximum alternative teacher compensation revenue for those districts
under subdivision 1.

(b) Notwithstanding paragraph (a) and subdivision 1, the state total basic alternative
teacher compensation aid entitlement must not exceed $75,840,000 for fiscal year 2016 and
$88,118,000 for fiscal year 2017 and later. The commissioner must limit the amount of
alternative teacher compensation aid approved under this section so as not to exceed these
limits by not approving new participants or by prorating the aid among participating districts,
intermediate school districts, school sites, and charter schools. The commissioner may also
reallocate a portion of the allowable aid for the biennium from the second year to the first
year to meet the needs of approved participants.

new text begin (c) new text end Basic alternative teacher compensation aid for an intermediate district or other
cooperative unit equals $3,000 times the number of licensed teachers employed by the
intermediate district or cooperative unit on October 1 of the previous school year.

Sec. 2.

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

new text begin Notwithstanding section 122A.415, subdivision 4, paragraph (c), the St. Croix River
Education District, No. 6009-61, is eligible to receive alternative teacher compensation
revenue based on its staffing as of October 1 of the previous fiscal year. 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. 3.

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) By July 1, 2000, each approved adult basic
education program must develop and 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 diversionary work program, 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 may meet this requirement by developing a tracking system
based on either or both of the following methodologies:

(1) conducting a reliable follow-up survey; or

(2) submitting 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 tracking data collected 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.

Sec. 2.

Minnesota Statutes 2016, section 124D.549, is amended to read:

124D.549 deleted text begin GENERAL EDUCATION DEVELOPMENT (GED) TESTS deleted text end deleted text begin RULES; deleted text end
deleted text begin COMMISSIONER deleted text end new text begin COMMISSIONER-SELECTED HIGH SCHOOL EQUIVALENCY
TEST new text end .

The commissioner deleted text begin may amend rules to reflect changes in the national minimum standard
deleted text end deleted text begin score for passing the deleted text end deleted text begin general education development (GED) deleted text end deleted text begin tests deleted text end new text begin , in consultation with the
adult basic education stakeholders, must select a high school equivalency test. The
commissioner may issue a high school equivalency diploma to a Minnesota resident 19
years of age or older who has not earned a high school diploma, who has not previously
been issued a GED, and who has exceeded or achieved a minimum passing score on the
equivalency test established by the publisher. The commissioner of education may waive
the minimum age requirement if supportive evidence is provided by an employer or a
recognized education or rehabilitation provider new text end .

Sec. 3.

Minnesota Statutes 2016, section 124D.55, is amended to read:

124D.55 deleted text begin GENERAL EDUCATION DEVELOPMENT (GED) deleted text end
new text begin COMMISSIONER-SELECTED HIGH SCHOOL EQUIVALENCY new text end TEST FEES.

The commissioner shall pay 60 percent of the fee that is charged to an eligible individual
for the full battery of deleted text begin general education development (GED) deleted text end new text begin the commissioner-selected
high school equivalency new text end tests, but not more than $40 for an eligible individual.

For fiscal year 2017 only, the commissioner shall pay 100 percent of the fee charged to
an eligible individual for the full battery of deleted text begin general education development (GED) deleted text end new text begin the
commissioner-selected high school equivalency new text end tests, but not more than the cost of one full
battery of tests per year for any individual.

Sec. 4.

Minnesota Statutes 2016, section 256J.08, subdivision 38, is amended to read:

Subd. 38.

Full-time student.

"Full-time student" means a person who is enrolled in a
graded or ungraded primary, intermediate, secondary, deleted text begin GED deleted text end new text begin commissioner of
education-selected high school equivalency new text end preparatory, trade, technical, vocational, or
postsecondary school, and who meets the school's standard for full-time attendance.

Sec. 5.

Minnesota Statutes 2016, section 256J.08, subdivision 39, is amended to read:

Subd. 39.

deleted text begin General educational development or GED deleted text end new text begin Commissioner of
education-selected high school equivalency new text end .

deleted text begin "General educational development" or "GED" deleted text end
new text begin "Commissioner of education-selected high school equivalency" new text end means the deleted text begin general educational
development deleted text end new text begin high school equivalency new text end certification issued by the commissioner of education
as an equivalent to a secondary school diploma deleted text begin under Minnesota Rules, part 3500.3100,
subpart 4 deleted text end .

Sec. 6. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall substitute the
term "commissioner-selected high school equivalency" or similar term for "general education
development," "GED," or similar terms for wherever the term refers to the tests or programs
leading to a certification issued by the commissioner of education as an equivalency to a
secondary diploma.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 3500.3100, subpart 4, new text end new text begin is repealed.
new text end

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: S1222-1

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.

124E.10 CHARTER CONTRACT.

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. 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.

Repealed Minnesota Rule: S1222-1

3500.3100 ISSUANCE OF GENERAL EDUCATIONAL DEVELOPMENT (GED) DIPLOMA.

Subp. 4.

General Educational Development (GED) diploma.

The commissioner of education may issue a General Educational Development (GED) diploma to a Minnesota resident 19 years of age or over who has not earned a high school diploma and who has not previously been issued a GED if:

A.

the person makes written application through any of the approved GED testing centers located in Minnesota; and

B.

the person obtains a minimum standard score of 410 on each of the five GED tests and an average standard score of at least 450 on all five tests or the minimum standard scores required by the GED testing service, whichever is greater.

GED tests must be administered only by official agencies established by the American Council on Education and approved by the commissioner of education.

The commissioner of education may waive the minimum age requirement if supportive evidence is provided by an employer or a recognized education or rehabilitation provider.