SF 1441

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 01:56pm

A bill for an act
relating to education; clarifying exceptions to school calendar start date; modifying
the definition of hours of instruction; modifying the definition of average daily
membership; modifying innovation zone provisions; modifying the flexible learning
year program; providing for distance learning; amending Minnesota Statutes 2020,
sections 120A.40; 120A.41; 120A.414; 124D.12; 124D.121; 124D.122; 124D.126,
subdivision 1; 124D.127; 126C.05, subdivision 8; Laws 2017, First Special Session
chapter 5, article 2, section 52; proposing coding for new law in Minnesota Statutes,
chapter 124D; repealing Minnesota Rules, part 3500.1000.

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

Section 1.

Minnesota Statutes 2020, section 120A.40, is amended to read:

120A.40 SCHOOL CALENDAR.

(a) Except for learning programs during summer, flexible learning year programs
authorized under sections 124D.12 to 124D.127, new text begin and established prior to January 1, 2020,
new text end and learning year programs under section 124D.128, a district must not commence an
elementary or secondary school year before Labor Day, except as provided under paragraph
(b). Days devoted to teachers' workshops may be held before Labor Day. Districts that enter
into cooperative agreements are encouraged to adopt similar school calendars.

(b) A district may begin the school year on any day before Labor Day:

(1) to accommodate a construction or remodeling project of $400,000 or more affecting
a district school facility;

(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35 with a
district that qualifies under clause (1); or

(3) if the district agrees to the same schedule with a school district in an adjoining state.

Sec. 2.

Minnesota Statutes 2020, section 120A.41, is amended to read:

120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.

(a) A school board's annual school calendar must include at least 425 hours of instruction
for a kindergarten student without a disability, 935 hours of instruction for a student in
grades 1 through 6, and 1,020 hours of instruction for a student in grades 7 through 12, not
including summer school. The school calendar for all-day kindergarten must include at least
850 hours of instruction for the school year. The school calendar for a prekindergarten
student under section 124D.151, if offered by the district, must include at least 350 hours
of instruction for the school year. A school board's annual calendar must include at least
165 days of instruction for a student in grades 1 through 11 unless a four-day week schedule
has been approved by the deleted text begin commissioner deleted text end new text begin school board new text end under section deleted text begin 124D.126 deleted text end new text begin 124D.122 new text end .

(b) A school board's annual school calendar may include plans for deleted text begin up to five days of
instruction provided through online instruction due to inclement weather. The inclement
weather deleted text end new text begin an unlimited number of days of instruction provided through distance learning due
to weather or a health or natural disaster emergency. The distance learning new text end plans must be
developed according to section 120A.414.

new text begin (c) Hours of instruction include all learning opportunities and services designed to
support a student to be prepared to succeed and lead by having the knowledge and skills to
learn, engage civically, and lead meaningful lives, through implementation of evidence-based
practices, quality instruction, and personalized learning supports. Such opportunities and
services include but are not limited to blended learning, distance learning, project-based
learning, work-based learning, service learning, supervised internships, and in-person
learning in a school building.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 3.

Minnesota Statutes 2020, section 120A.414, is amended to read:

120A.414 deleted text begin E-LEARNING deleted text end new text begin DISTANCE LEARNING new text end DAYS.

Subdivision 1.

Days.

deleted text begin "E-learning day" deleted text end new text begin "Distance learning day" new text end means a school day
where a school offers full access to online instruction provided by students' individual
teachers due to deleted text begin inclement deleted text end weather new text begin or a health or natural disaster emergency as determined
by the school board or superintendent new text end . A school district or charter school that chooses to
have deleted text begin e-learning deleted text end new text begin distance learning new text end days may have deleted text begin up to five e-learning deleted text end new text begin an unlimited number
of distance learning new text end days in one school year. deleted text begin An e-learning deleted text end new text begin A distance learning new text end day is counted
as a day of instruction and included in the hours of instruction under section 120A.41.

Subd. 2.

Plan.

A school board may new text begin use its 2020-2021 school year distance learning plan
or may new text end adopt deleted text begin an e-learning deleted text end new text begin a distance learning new text end day plan after consulting with the exclusive
representative of the teachers. A charter school may adopt deleted text begin an e-learning deleted text end new text begin a distance learning
new text end day plan after consulting with its teachers. The plan must include accommodations for
students without Internet access at home and for digital device access for families without
the technology or an insufficient amount of technology for the number of children in the
household. A school's deleted text begin e-learning deleted text end new text begin distance learning new text end day plan must provide accessible options
for students with disabilities under chapter 125A.

Subd. 3.

Annual notice.

A school district or charter school must notify parents and
students of the deleted text begin e-learning deleted text end new text begin distance learning new text end day plan at the beginning of the school year.

Subd. 4.

Daily notice.

On deleted text begin an e-learning deleted text end new text begin a distance learning new text end day declared by the school,
a school district or charter school must notify parents and students at least two hours prior
to the normal school start time that students need to follow the deleted text begin e-learning deleted text end new text begin distance learning
new text end day plan for that day.

Subd. 5.

Teacher access.

Each student's teacher must be accessible both online and by
telephone during normal school hours on deleted text begin an e-learning deleted text end new text begin a distance learning new text end day to assist
students and parents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 4.

new text begin [124D.097] DISTANCE LEARNING OPTION.
new text end

new text begin A school district may offer a full distance learning option to its enrolled resident students.
A distance learning option may be part of a school's curriculum offerings. A student may
complete all of the educational expectations and graduation requirements according to
section 120B.02 through distance learning. A school district that offers distance learning is
not an online learning provider and is not subject to Department of Education approval
under section 124D.095. A school district may assign a student who is participating in full
distance learning to a building for purposes of determining compensatory revenue pupil
units under section 126C.05, subdivision 3, and free and reduced-price meal eligibility under
section 126C.05, subdivision 16.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 5.

Minnesota Statutes 2020, section 124D.12, is amended to read:

124D.12 PURPOSE OF FLEXIBLE LEARNING YEAR PROGRAMS.

Sections 124D.12 to 124D.127 authorize districts to evaluate, plan and employ the use
of flexible learning year programs. It is anticipated that the open selection of the type of
flexible learning year operation from a variety of alternatives will allow each district seeking
to utilize this concept to suitably fulfill the educational needs of its pupils. These alternatives
must include, but not be limited to, various 45-15 plans, four-quarter plans, quinmester
plans, extended learning year plans, and flexible all-year plans. deleted text begin A school district with an
approved four-day week plan in the 2014-2015 school year may continue under a four-day
week plan through the end of the 2019-2020 school year. Future approvals are contingent
upon meeting the school district's performance goals established in the district's plan under
section 120B.11. The commissioner must give a school district one school year's notice
before revoking approval of its flexible learning year program.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 6.

Minnesota Statutes 2020, section 124D.121, is amended to read:

124D.121 DEFINITION OF FLEXIBLE LEARNING YEAR PROGRAM.

"Flexible learning year program" means any district plan approved by the deleted text begin commissioner deleted text end
new text begin school board new text end that utilizes buildings and facilities during the entire year or that provides
forms of optional scheduling of pupils and personnel during the learning year in elementary
and secondary schools or residential facilities for children with a disability.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 7.

Minnesota Statutes 2020, section 124D.122, is amended to read:

124D.122 ESTABLISHMENT OF FLEXIBLE LEARNING YEAR PROGRAM.

The board of any district or a consortium of districts deleted text begin , with the approval of the
commissioner, deleted text end may establish and operate a flexible learning year program in one or more
of the day or residential facilities for children with a disability within the district. Consortiums
may use a single deleted text begin application and deleted text end evaluation process, though results, public hearings, and
board approvals must be obtained for each district as required under appropriate sections.
deleted text begin The commissioner must approve or disapprove of a flexible learning year application within
45 business days of receiving the application. If the commissioner disapproves the
application, the commissioner must give the district or consortium detailed reasons for the
disapproval.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 8.

Minnesota Statutes 2020, section 124D.126, subdivision 1, is amended to read:

Subdivision 1.

Powers and duties.

The commissioner must:

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

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

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

deleted text begin (4) deleted text end new text begin (3) new text end consistent with the definition of "average daily membership" in section 126C.05,
subdivision 8, furnish the board of a district implementing a flexible learning year program
with a formula for computing average daily membership. This formula must be computed
so that tax levies to be made by the district, state aids to be received by the district, and any
and all other formulas based upon average daily membership are not affected solely as a
result of adopting this plan of instruction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 9.

Minnesota Statutes 2020, section 124D.127, is amended to read:

124D.127 TERMINATION OF FLEXIBLE LEARNING YEAR PROGRAM.

The board of any district deleted text begin , with the approval of the commissioner of education, deleted text end may
terminate a flexible learning year program in one or more of the day or residential facilities
for children with a disability within the district. This section shall not be construed to permit
an exception to section 120A.22, 127A.41, subdivision 7, or 127A.43.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 10.

Minnesota Statutes 2020, section 126C.05, subdivision 8, is amended to read:

Subd. 8.

Average daily membership.

(a) Membership for pupils in grades kindergarten
through 12 and for prekindergarten pupils with disabilities shall mean the number of pupils
on the current roll of the school, counted from the date of entry until withdrawal. The date
of withdrawal shall mean the day the pupil permanently leaves the school or the date it is
officially known that the pupil has left or has been legally excused. However, a pupil,
regardless of age, who has been absent from school for 15 consecutive school days during
the regular school year or for five consecutive school days during summer school or
intersession classes of flexible school year programs without receiving instruction in the
home or hospital shall be dropped from the roll and classified as withdrawn. Nothing in this
section shall be construed as waiving the compulsory attendance provisions cited in section
120A.22. Average daily membership equals the sum for all pupils of the number of days
of the school year each pupil is enrolled in the district's schools divided by the number of
days the schools are in session new text begin , are providing distance learning under section 124D.097, new text end or
are providing deleted text begin e-learning deleted text end new text begin distance learning new text end days deleted text begin due to inclement weather deleted text end new text begin under section
120A.414 new text end . Days of summer school or intersession classes of flexible school year programs
are only included in the computation of membership for pupils with a disability not
appropriately served primarily in the regular classroom. A student must not be counted as
more than 1.2 pupils in average daily membership under this section and section 126C.10,
subdivision 2a, paragraph (b). When the initial total average daily membership exceeds 1.2
for a pupil enrolled in more than one school district during the fiscal year, each district's
average daily membership must be reduced proportionately.

(b) A student must not be counted as more than one pupil in average daily membership
except for purposes of section 126C.10, subdivision 2a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2021-2022 school year and later.
new text end

Sec. 11.

Laws 2017, First Special Session chapter 5, article 2, section 52, is amended to
read:

Sec. 52. new text begin EDUCATION new text end INNOVATION deleted text begin RESEARCH ZONES PILOT deleted text end new text begin ZONE new text end
PROGRAM.

Subdivision 1.

Establishment; requirements for participation; deleted text begin research deleted text end new text begin innovation new text end
zone plans.

(a) The innovation deleted text begin research deleted text end zone deleted text begin pilot deleted text end program is established to improve student
and school outcomes consistent with the world's best workforce requirements under
Minnesota Statutes, section 120B.11. Innovation zone partnerships allow school districts
and charter schools to research and implement innovative education programming models
designed to better prepare students for the world of the 21st century.

(b) One or more school districts or charter schools may join together to form an innovation
zone partnership. The partnership may include other nonschool partners, including
postsecondary institutions, other units of local government, nonprofit organizations, and
for-profit organizations. An innovation zone plan must be collaboratively developed in
concert with the school's instructional staff.

(c) An innovation deleted text begin research deleted text end zone partnership deleted text begin must research and deleted text end new text begin may new text end implement innovative
education programs and models that deleted text begin are based on proposed hypotheses. An innovation zone
plan may include an emerging practice not yet supported by peer-reviewed research.
Examples of innovation zone research deleted text end may include, but are not limited to:

(1) personalized learning, allowing students to excel at their own pace and according to
their interests, aspirations, and unique needs;

(2) the use of competency outcomes rather than seat time and course completion to fulfill
standards, credits, and other graduation requirements;

(3) multidisciplinary, real-world, inquiry-based, and student-directed models designed
to make learning more engaging and relevant, including documenting and validating learning
that takes place beyond the school day and school walls;

(4) models of instruction designed to close the achievement gap, including new models
for age three to grade 3 models, English as a second language models, early identification
and prevention of mental health issues, and others;

(5) new partnerships between secondary schools and postsecondary institutions,
employers, or career training institutions enabling students to complete industry certifications,
postsecondary education credits, and other credentials;

(6) new methods of collaborative leadership including the expansion of schools where
teachers have larger professional roles;

(7) new ways to enhance parental and community involvement in learning;

(8) new models of professional development for educators, including embedded
professional development; deleted text begin or
deleted text end

(9) new models in other areas such as whole child instruction, social-emotional skill
development, technology-based or blended learning, parent and community involvement,
professional development and mentoring, and models that increase the return on investment deleted text begin . deleted text end new text begin ;
new text end

new text begin (10) new models of evaluation, assessment, and accountability using multiple indicators
including models that demonstrate alternative ways to validate students' academic attainment
that have predictive validity to the state tests, but also include other variables such as problem
solving, creativity, analytical thinking, collaboration, respecting others, global understanding,
postgraduation student performance, and other information;
new text end

new text begin (11) improving teacher and principal mentoring and evaluation;
new text end

new text begin (12) granting a high school diploma to a student who meets the graduation requirements
under Minnesota Statutes, section 120B.02, subdivision 2, who demonstrates preparation
for postsecondary education or a career consistent with the world's best workforce goals
under Minnesota Statutes, section 120B.11, and who meets the following requirements:
new text end

new text begin (i) completes four years of high school; and
new text end

new text begin (ii) completes at least one year of postsecondary education at a two- or four-year college
or university through concurrent enrollment, advanced placement, or international
baccalaureate courses; or
new text end

new text begin (iii) completes a career certification up to the apprenticeship program level if one is
required for that certification;
new text end

new text begin (13) using the provisions in Minnesota Statutes, sections 124D.085, governing experiential
and applied learning opportunities; 124D.52, subdivision 9, governing standard adult high
school diploma requirements; and 126C.05, subdivision 15, paragraph (b), item (i), governing
the use of independent study;
new text end

new text begin (14) using the provisions of a learning year in Minnesota Statutes, section 124D.128,
for a student in grade 10, 11, or 12 to participate in career and technical programs after
school, on weekends, and during school breaks, including summers, and be included in the
general education revenue computation. The classes must generate both high school and
postsecondary credit and lead to either a career certification, technical college degree, or
an apprenticeship program. A student participating in a learning year may attend school
year round, and the student's continual learning plan must provide for the student to meet
the high school graduation standards no later than the end of the fall semester of grade 12;
new text end

new text begin (15) methods to initiate prevention models to reduce student needs for special education
and to reduce teacher time devoted to the required special education documentation; or
new text end

new text begin (16) other innovations as determined by the local boards.
new text end

(d) An innovation zone plan submitted to the commissioner must describe:

(1) how the plan will improve student and school outcomes consistent with the world's
best workforce requirements under Minnesota Statutes, section 120B.11;

(2) the role of each partner in the zone;

deleted text begin (3) the research methodology used for each proposed action in the plan;
deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end the exemptions from statutes and rules in subdivision 2 that the deleted text begin research deleted text end new text begin innovation new text end
zone partnership will use;

deleted text begin (5) deleted text end new text begin (4) new text end a description of how teachers and other educational staff from the affected school
sites will be included in the planning and implementation process;

deleted text begin (6) deleted text end new text begin (5) new text end a detailed description of expected outcomes and graduation standards;

deleted text begin (7) deleted text end new text begin (6) new text end a timeline for implementing the plan and assessing the outcomes; and

deleted text begin (8) deleted text end new text begin (7) new text end how results of the plan will be disseminated.

The governing board for each partner must approve the innovation zone plan.

(e) Upon unanimous approval of the initial innovation zone partners deleted text begin and approval of the
commissioner of education deleted text end , the innovation zone partnership may extend membership to
other partners. A new partner's membership is effective 30 days after the innovation zone
partnership notifies the commissioner of the proposed change in membership deleted text begin unless the
commissioner disapproves the new partner's membership deleted text end new text begin and updates their plan new text end .

(f) Notwithstanding any other law to the contrary, a school district or charter school
participating in an innovation zone partnership under this section continues to receive all
revenue and maintains its taxation authority in the same manner as before its participation
in the innovation zone partnership. The innovation zone school district and charter school
partners remain organized and governed by their respective school boards with general
powers under Minnesota Statutes, chapter 123B or 124E, and remain subject to any
employment agreements under Minnesota Statutes, chapters 122A and 179A. School district
and charter school employees participating in an innovation zone partnership remain
employees of their respective school district or charter school.

(g) An innovation zone partnership may submit its plan at any time to the commissioner
in the form and manner specified by the commissioner. deleted text begin The commissioner must approve
or reject the plan after reviewing the recommendation of the Innovation Research Zone
Advisory Panel. An initial innovation zone plan that has been rejected by the commissioner
may be resubmitted to the commissioner after the innovation zone partnership has modified
the plan to meet each individually identified objection.
deleted text end

new text begin (h) An innovation zone plan must not cause an increase in state aid or levies for partners.
new text end

Subd. 2.

Exemptions from laws and rules.

(a) Notwithstanding any other law to the
contrary, an innovation zone partner with deleted text begin an approved deleted text end new text begin a new text end plan new text begin filed with the commissioner
new text end is exempt from each of the following state education laws and rules specifically identified
in its plan:

(1) any law or rule from which a district-created, site-governed school under Minnesota
Statutes, section 123B.045, is exempt;

(2) any statute or rule from which the commissioner has exempted another district or
charter school, as identified in the list published on the Department of Education's Web site
under subdivision 4, paragraph (b);

(3) online learning program approval under Minnesota Statutes, section 124D.095,
subdivision 7, if the school district or charter school offers a course or program online
combined with direct access to a teacher for a portion of that course or program;

(4) restrictions on extended time revenue under Minnesota Statutes, section 126C.10,
subdivision 2a, for a student who meets the criteria of Minnesota Statutes, section 124D.68,
subdivision 2; and

(5) any required hours of instruction in any class or subject area for a student who is
meeting all competencies consistent with the graduation standards described in the innovation
zone plan.

(b) The exemptions under this subdivision must not be construed as exempting an
innovation zone partner from the Minnesota Comprehensive Assessments new text begin or as increasing
any state aid or levy new text end .

deleted text begin Subd. 3. deleted text end

deleted text begin Innovation Research Zone Advisory Panel. deleted text end

deleted text begin (a) The commissioner must
establish and convene an Innovation Research Zone Advisory Panel to review all innovation
zone plans submitted for approval.
deleted text end

deleted text begin (b) The panel must be composed of nine members. One member must be appointed by
each of the following organizations: Educators for Excellence, Education Minnesota,
Minnesota Association of Secondary School Principals, Minnesota Elementary School
Principals' Association, Minnesota Association of School Administrators, Minnesota School
Boards Association, Minnesota Association of Charter Schools, and the Office of Higher
Education. The commissioner must appoint one member with expertise in evaluation and
research.
deleted text end

Subd. 4.

Commissioner deleted text begin approval deleted text end new text begin ; duties new text end .

(a) deleted text begin Upon recommendation of the Innovation
Research Zone Advisory Panel, the commissioner may approve up to three innovation zone
plans in the seven-county metropolitan area and up to three in greater Minnesota. deleted text end If an
innovation zone partnership fails to implement its innovation zone plan as described in its
application and according to the stated timeline, deleted text begin upon recommendation of the Innovation
Research Zone Advisory Panel, deleted text end the commissioner deleted text begin must deleted text end new text begin may new text end alert the partnership members
and provide the opportunity to remediate. If implementation continues to fail, the
commissioner deleted text begin must deleted text end new text begin may new text end suspend or terminate the innovation zone plan.

(b) The commissioner must publish a list of the exemptions the commissioner has granted
to a district or charter school on the Department of Education's Web site by July 1, 2017.
The list must be updated annually.

Subd. 5.

Project evaluation, dissemination, and report to legislature.

Each deleted text begin research deleted text end new text begin
innovation new text end zone partnership must submit project data to the commissioner in the form and
manner deleted text begin provided for in the approved application deleted text end new text begin specified by the commissioner new text end . At least
once every two years, the commissioner deleted text begin must deleted text end new text begin may new text end analyze each innovation zone's progress
in realizing the objectives of the innovation zone partnership's plan. deleted text begin The commissioner must deleted text end
new text begin To the extent practicable, and using existing resources, the commissioner may new text end summarize
and categorize innovation zone plans and submit a report to the legislative committees
having jurisdiction over education by February 1 of each odd-numbered year in accordance
with Minnesota Statutes, section 3.195.

Sec. 12. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall codify section 11 as Minnesota Statutes, section 124D.901.
new text end

Sec. 13. new text begin REPEALER.
new text end

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

APPENDIX

Repealed Minnesota Rule: 21-02666

3500.1000 EXPERIMENTAL AND FLEXIBLE SCHOOL YEAR PROGRAMS.

Subpart 1.

Request.

A district may request approval from the commissioner of education for an experimental program of study, a four-day school week, or a flexible school year program. They shall be designed to accomplish at least one of the following:

A.

improve instructional quality;

B.

increase cost-effectiveness;

C.

make better use of community resources or available technology; or

D.

establish an alternative eligibility criteria intended to identify pupils in need of special education services.

Subp. 2.

Exemption from state rules.

If the proposed program is approved, the commissioner of education shall provide an exemption to state rules that otherwise would apply.

Subp. 3.

Contents of proposal.

The proposal shall include: specific state rules from which the district requests exemption, the goals and objectives of the program, the activities to be used to accomplish the objectives, a definite time limit which may not exceed three years, and the evaluation procedures to be used.

Subp. 4.

Participation and approval.

The district shall provide evidence that the district staff, pupils, and parents who would be affected, participated in the development and will participate in the annual review of the proposal, and that the proposal has the approval of the district school board.

Parents whose children will be involved shall be fully informed at the IEP meeting and shall have the opportunity to approve or disapprove placement in the experimental program.

Subp. 5.

Criteria for continuation.

If the commissioner of education finds that the program has met the proposed goals and objectives, the commissioner shall authorize continuation of the program and specify the state rules from which the program is exempt and the period of time the program will be continued.