SF 1528

Conference Committee Report - 87th Legislature (2011 - 2012) Posted on 04/27/2012 08:45pm

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 1528

1.2A bill for an act

1.3relating to education; providing 21st century tools for teachers; encouraging
1.4students to take one online course; requiring a report;amending Minnesota
1.5Statutes 2010, sections 124D.095, subdivision 10; 126C.15, subdivision 1.
1.6April 27, 2012
1.7The Honorable Michelle L. Fischbach
1.8President of the Senate
1.9The Honorable Kurt Zellers
1.10Speaker of the House of Representatives
1.11We, the undersigned conferees for S.F. No. 1528 report that we have agreed upon
1.12the items in dispute and recommend as follows:
1.13That the House recede from its amendments and that S.F. No. 1528 be further
1.14amended as follows:
1.15Delete everything after the enacting clause and insert:

1.16    "Section 1. Minnesota Statutes 2010, section 122A.18, is amended by adding a
1.17subdivision to read:
1.18    Subd. 3a. Technology strategies. All colleges and universities approved by the
1.19Board of Teaching to prepare persons for classroom teacher licensure must include in their
1.20teacher preparation programs the knowledge and skills teacher candidates need to deliver
1.21digital and blended learning and curriculum and engage students with technology.
1.22EFFECTIVE DATE.This section is effective for candidates entering a teacher
1.23preparation program after June 30, 2014.

1.24    Sec. 2. Minnesota Statutes 2010, section 122A.60, subdivision 1a, is amended to read:
1.25    Subd. 1a. Effective staff development activities. (a) Staff development activities
1.26must:
1.27(1) focus on the school classroom and research-based strategies that improve student
1.28learning;
2.1(2) provide opportunities for teachers to practice and improve their instructional
2.2skills over time;
2.3(3) provide opportunities for teachers to use student data as part of their daily work
2.4to increase student achievement;
2.5(4) enhance teacher content knowledge and instructional skills, including to
2.6accommodate the delivery of digital and blended learning and curriculum and engage
2.7students with technology;
2.8(5) align with state and local academic standards;
2.9(6) provide opportunities to build professional relationships, foster collaboration
2.10among principals and staff who provide instruction, and provide opportunities for
2.11teacher-to-teacher mentoring; and
2.12(7) align with the plan of the district or site for an alternative teacher professional
2.13pay system.
2.14Staff development activities may include curriculum development and curriculum training
2.15programs, and activities that provide teachers and other members of site-based teams
2.16training to enhance team performance. The school district also may implement other
2.17staff development activities required by law and activities associated with professional
2.18teacher compensation models.
2.19(b) Release time provided for teachers to supervise students on field trips and school
2.20activities, or independent tasks not associated with enhancing the teacher's knowledge
2.21and instructional skills, such as preparing report cards, calculating grades, or organizing
2.22classroom materials, may not be counted as staff development time that is financed with
2.23staff development reserved revenue under section 122A.61.
2.24EFFECTIVE DATE.This section is effective the day following final enactment.

2.25    Sec. 3. Minnesota Statutes 2010, section 122A.60, subdivision 3, is amended to read:
2.26    Subd. 3. Staff development outcomes. The advisory staff development committee
2.27must adopt a staff development plan for improving student achievement. The plan must
2.28be consistent with education outcomes that the school board determines. The plan
2.29must include ongoing staff development activities that contribute toward continuous
2.30improvement in achievement of the following goals:
2.31(1) improve student achievement of state and local education standards in all areas
2.32of the curriculum by using best practices methods;
2.33(2) effectively meet the needs of a diverse student population, including at-risk
2.34children, children with disabilities, and gifted children, within the regular classroom
2.35and other settings;
3.1(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
3.2student population that is consistent with the state education diversity rule and the district's
3.3education diversity plan;
3.4(4) improve staff collaboration and develop mentoring and peer coaching programs
3.5for teachers new to the school or district;
3.6(5) effectively teach and model violence prevention policy and curriculum that
3.7address early intervention alternatives, issues of harassment, and teach nonviolent
3.8alternatives for conflict resolution; and
3.9(6) effectively deliver digital and blended learning and curriculum and engage
3.10students with technology; and
3.11(7) provide teachers and other members of site-based management teams with
3.12appropriate management and financial management skills.
3.13EFFECTIVE DATE.This section is effective the day following final enactment.

3.14    Sec. 4. Minnesota Statutes 2010, section 124D.095, subdivision 2, is amended to read:
3.15    Subd. 2. Definitions. For purposes of this section, the following terms have the
3.16meanings given them.
3.17    (a) "Digital learning" is learning facilitated by technology that offers students an
3.18element of control over the time, place, path, or pace of their learning and includes
3.19blended and online learning.
3.20(b) "Blended learning" is a form of digital learning that occurs when a student
3.21learns part time in a supervised physical setting and part time through digital delivery of
3.22instruction, or a student learns in a supervised physical setting where technology is used as
3.23a primary method to deliver instruction.
3.24(c) "Online learning" is an interactive course or program that delivers instruction
3.25from a teacher to a student by computer; is combined with other traditional delivery
3.26methods that include frequent student assessment and may include actual teacher contact
3.27time; and meets or exceeds state academic standards a form of digital learning delivered
3.28by an approved online learning provider under paragraph (d).
3.29    (b) (d) "Online learning provider" is a school district, an intermediate school district,
3.30an organization of two or more school districts operating under a joint powers agreement,
3.31or a charter school located in Minnesota that provides online learning to students and is
3.32approved by the department to provide online learning courses.
3.33    (c) (e) "Student" is a Minnesota resident enrolled in a school under section 120A.22,
3.34subdivision 4 , in kindergarten through grade 12.
4.1    (d) (f) "Online learning student" is a student enrolled in an online learning course or
4.2program delivered by an online learning provider under paragraph (b) (d).
4.3    (e) (g) "Enrolling district" means the school district or charter school in which
4.4a student is enrolled under section 120A.22, subdivision 4, for purposes of compulsory
4.5attendance.
4.6    (f) (h) "Supplemental online learning" means an online learning course taken in
4.7place of a course period during the regular school day at a local district school.
4.8    (g) (i) "Full-time online learning provider" means an enrolling school authorized by
4.9the department to deliver comprehensive public education at any or all of the elementary,
4.10middle, or high school levels.
4.11(h) (j) "Online learning course syllabus" is a written document that an online
4.12learning provider transmits to the enrolling district using a format prescribed by the
4.13commissioner to identify the state academic standards embedded in an online course,
4.14the course content outline, required course assessments, expectations for actual teacher
4.15contact time and other student-to-teacher communications, and the academic support
4.16available to the online learning student.
4.17EFFECTIVE DATE.This section is effective the day following final enactment.

4.18    Sec. 5. Minnesota Statutes 2010, section 124D.095, subdivision 4, is amended to read:
4.19    Subd. 4. Online learning parameters. (a) An online learning student must receive
4.20academic credit for completing the requirements of an online learning course or program.
4.21Secondary credits granted to an online learning student count toward the graduation
4.22and credit requirements of the enrolling district. The enrolling district must apply the
4.23same graduation requirements to all students, including online learning students, and
4.24must continue to provide nonacademic services to online learning students. If a student
4.25completes an online learning course or program that meets or exceeds a graduation
4.26standard or the grade progression requirement at the enrolling district, that standard or
4.27requirement is met. The enrolling district must use the same criteria for accepting online
4.28learning credits or courses as it does for accepting credits or courses for transfer students
4.29under section 124D.03, subdivision 9. The enrolling district may reduce the course
4.30schedule of an online learning student in proportion to the number of online learning
4.31courses the student takes from an online learning provider that is not the enrolling district.
4.32    (b) An online learning student may:
4.33    (1) enroll in supplemental online learning courses equal to a maximum of 50 percent
4.34of the student's full schedule of courses per term during a single school year and the
4.35student may exceed the supplemental online learning registration limit if the enrolling
5.1district permits supplemental online learning enrollment above the limit, or if the enrolling
5.2district and the online learning provider agree to the instructional services;
5.3    (2) complete course work at a grade level that is different from the student's current
5.4grade level; and
5.5    (3) enroll in additional courses with the online learning provider under a separate
5.6agreement that includes terms for paying any tuition or course fees.
5.7    (c) An online learning student has the same access to the computer hardware and
5.8education software available in a school as all other students in the enrolling district. An
5.9online learning provider must assist an online learning student whose family qualifies
5.10for the education tax credit under section 290.0674 to acquire computer hardware and
5.11educational software for online learning purposes.
5.12    (d) An enrolling district may offer online digital learning to its enrolled students.
5.13Such online digital learning does not generate online learning funds under this section.
5.14An enrolling district that offers online digital learning only to its enrolled students is not
5.15subject to the reporting requirements or review criteria under subdivision 7, unless the
5.16enrolling district is a full-time online learning provider. A teacher with a Minnesota
5.17license must assemble and deliver instruction to enrolled students receiving online
5.18learning from an enrolling district. The delivery of instruction occurs when the student
5.19interacts with the computer or the teacher and receives ongoing assistance and assessment
5.20of learning. The instruction may include curriculum developed by persons other than a
5.21teacher holding a Minnesota license.
5.22    (e) Both full-time and supplemental online learning providers are subject to the
5.23reporting requirements and review criteria under subdivision 7. A teacher holding a
5.24Minnesota license must assemble and deliver instruction to online learning students. The
5.25delivery of instruction occurs when the student interacts with the computer or the teacher
5.26and receives ongoing assistance and assessment of learning. The instruction may include
5.27curriculum developed by persons other than a teacher holding a Minnesota license. Unless
5.28the commissioner grants a waiver, a teacher providing online learning instruction must not
5.29instruct more than 40 students in any one online learning course or program.
5.30    (f) To enroll in more than 50 percent of the student's full schedule of courses per term
5.31in online learning, the student must qualify to exceed the supplemental online learning
5.32registration limit under paragraph (b) or apply to enroll in an approved full-time online
5.33learning program, consistent with subdivision 3, paragraph (a). Full-time online learning
5.34students may enroll in classes at a local school under a contract for instructional services
5.35between the online learning provider and the school district.
5.36EFFECTIVE DATE.This section is effective the day following final enactment.

6.1    Sec. 6. Minnesota Statutes 2010, section 124D.095, subdivision 7, is amended to read:
6.2    Subd. 7. Department of Education. (a) The department must review and approve
6.3or disapprove online learning providers within 90 calendar days of receiving an online
6.4learning provider's completed application. The commissioner, using research-based
6.5standards of quality for online learning programs, must review all approved online
6.6learning providers on a cyclical three-year basis. Approved online learning providers
6.7annually must submit program data to, confirm statements of assurances for, and provide
6.8program updates including a current course list to the commissioner.
6.9(b) The online learning courses and programs must be rigorous, aligned with state
6.10academic standards, and contribute to grade progression in a single subject. The online
6.11learning provider, other than a digital learning provider offering digital learning to its
6.12enrolled students only under subdivision 4, paragraph (d), must give the commissioner
6.13written assurance that: (1) all courses meet state academic standards; and (2) the online
6.14learning curriculum, instruction, and assessment, expectations for actual teacher-contact
6.15time or other student-to-teacher communication, and academic support meet nationally
6.16recognized professional standards and are described as such in an online learning course
6.17syllabus that meets the commissioner's requirements. Once an online learning provider
6.18is approved under this paragraph, all of its online learning course offerings are eligible
6.19for payment under this section unless a course is successfully challenged by an enrolling
6.20district or the department under paragraph (b) (c).
6.21    (b) (c) An enrolling district may challenge the validity of a course offered by
6.22an online learning provider. The department must review such challenges based on the
6.23certification approval procedures under paragraph (a) (b). The department may initiate
6.24its own review of the validity of an online learning course offered by an online learning
6.25provider.
6.26    (c) (d) The department may collect a fee not to exceed $250 for certifying approving
6.27 online learning providers or $50 per course for reviewing a challenge by an enrolling
6.28district.
6.29    (d) (e) The department must develop, publish, and maintain a list of approved online
6.30learning providers and online learning courses and programs that it has reviewed and
6.31certified approved.
6.32(f) The department may review a complaint about an online learning provider, or a
6.33complaint about a provider based on the provider's response to notice of a violation. If
6.34the department determines that an online learning provider violated a law or rule, the
6.35department may:
6.36(1) create a compliance plan for the provider; or
7.1(2) withhold funds from the provider under sections 124D.095, 124D.10, subdivision
7.28, and 127A.42. The department must notify an online learning provider in writing about
7.3withholding funds and provide detailed calculations.
7.4EFFECTIVE DATE.This section is effective the day following final enactment.

7.5    Sec. 7. Minnesota Statutes 2010, section 124D.095, subdivision 10, is amended to read:
7.6    Subd. 10. Online Learning Advisory Council. (a) An Online Learning Advisory
7.7Council is established. The term for each council member shall be three years. The
7.8advisory council is composed of 12 members from throughout the state who have
7.9demonstrated experience with or interest in online learning. The members of the council
7.10shall be appointed by the commissioner. The advisory council shall bring to the attention
7.11of the commissioner any matters related to online learning and provide input to the
7.12department in matters related, but not restricted, to:
7.13(1) quality assurance;
7.14(2) teacher qualifications;
7.15(3) program approval;
7.16(4) special education;
7.17(5) attendance;
7.18(6) program design and requirements; and
7.19(7) fair and equal access to programs.
7.20(b) By June 30, 2013, the Online Learning Advisory Council with the support of the
7.21Minnesota Department of Education and the Minnesota Learning Commons shall:
7.22(1) oversee the development and maintenance of a catalog of publicly available
7.23digital learning content currently aligned to Minnesota academic standards to include:
7.24(i) indexing of Minnesota academic standards with which curriculum is aligned;
7.25(ii) a method for student and teacher users to provide evaluative feedback; and
7.26(iii) a plan for ongoing maintenance;
7.27(2) recommend methods for including student performance data on the digital
7.28learning content within the catalog.
7.29(c) The Online Learning Advisory Council under this subdivision expires June
7.3030, 2013.

7.31    Sec. 8. Minnesota Statutes 2010, section 126C.15, subdivision 1, is amended to read:
7.32    Subdivision 1. Use of revenue. The basic skills revenue under section 126C.10,
7.33subdivision 4 , must be reserved and used to meet the educational needs of pupils who
7.34enroll under-prepared to learn and whose progress toward meeting state or local content or
8.1performance standards is below the level that is appropriate for learners of their age. Any
8.2of the following may be provided to meet these learners' needs:
8.3(1) direct instructional services under the assurance of mastery program according
8.4to section 124D.66;
8.5(2) remedial instruction in reading, language arts, mathematics, other content areas,
8.6or study skills to improve the achievement level of these learners;
8.7(3) additional teachers and teacher aides to provide more individualized instruction
8.8to these learners through individual tutoring, lower instructor-to-learner ratios, or team
8.9teaching;
8.10(4) a longer school day or week during the regular school year or through a summer
8.11program that may be offered directly by the site or under a performance-based contract
8.12with a community-based organization;
8.13(5) comprehensive and ongoing staff development consistent with district and site
8.14plans according to section 122A.60, for teachers, teacher aides, principals, and other
8.15personnel to improve their ability to identify the needs of these learners and provide
8.16appropriate remediation, intervention, accommodations, or modifications;
8.17(6) instructional materials, digital learning, and technology appropriate for meeting
8.18the individual needs of these learners;
8.19(7) programs to reduce truancy, encourage completion of high school, enhance
8.20self-concept, provide health services, provide nutrition services, provide a safe and secure
8.21learning environment, provide coordination for pupils receiving services from other
8.22governmental agencies, provide psychological services to determine the level of social,
8.23emotional, cognitive, and intellectual development, and provide counseling services,
8.24guidance services, and social work services;
8.25(8) bilingual programs, bicultural programs, and programs for learners of limited
8.26English proficiency;
8.27(9) all day kindergarten;
8.28(10) extended school day and extended school year programs; and
8.29(11) substantial parent involvement in developing and implementing remedial
8.30education or intervention plans for a learner, including learning contracts between the
8.31school, the learner, and the parent that establish achievement goals and responsibilities of
8.32the learner and the learner's parent or guardian.

8.33    Sec. 9. ONLINE LEARNING ADVISORY COUNCIL REPORT.
8.34(a) The Online Learning Advisory Council shall review Minnesota education
8.35laws and rules pertaining to classroom learning to determine which ones, if any, inhibit
9.1digital learning. The council shall include the results of their review in the report under
9.2paragraph (b).
9.3(b) The council shall report to the committees of the legislature having jurisdiction
9.4over kindergarten through grade 12 education with its recommendations, including any
9.5proposed legislation, by June 30, 2013.

9.6    Sec. 10. APPROPRIATION.
9.7    Subdivision 1. Department of Education. The sum shown is added to the
9.8appropriations in Laws 2011, First Special Session chapter 11, or any appropriation that
9.9replaces those appropriations, to the Department of Education for the purposes specified.
9.10The appropriation is from the general fund, and available for the fiscal year indicated
9.11for its purpose.
9.12    Subd. 2. Department of Education. For the Department of Education for additional
9.13support and staffing related to digital learning and online learning:

9.14

$

104,000

.....

2013

9.15This is a onetime appropriation.
9.16The base for fiscal year 2014 and later shall be increased by $26,000 each year."
9.17Delete the title and insert:

9.18"A bill for an act

9.19relating to education; providing 21st century tools for teachers; providing for
9.20digital learning; modifying online learning; requiring a report; appropriating
9.21money; amending Minnesota Statutes 2010, sections 122A.18, by adding a
9.22subdivision; 122A.60, subdivisions 1a, 3; 124D.095, subdivisions 2, 4, 7, 10;
9.23126C.15, subdivision 1."

10.1	We request the adoption of this report and repassage of the bill.
10.2	Senate Conferees:
10.3	.....		.....
10.4	Carla J. Nelson		Gen Olson
10.5	.....
10.6	LeRoy A. Stumpf
10.7	House Conferees:
10.8	.....		.....
10.9	Pam Myhra		Mark Buesgens
10.10	.....
10.11	Gene Pelowski Jr.