SF 1528

1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 03/29/2012 02:23pm

1.1A bill for an act

1.2relating to education; modifying online learning parameters; modifying
1.3graduation requirements; providing for digital learning; amending Minnesota
1.4Statutes 2010, sections 120B.024; 122A.18, by adding a subdivision; 122A.60,
1.5subdivisions 1a, 3; 124D.095, subdivisions 2, 4, 7; 126C.15, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2010, section 120B.024, is amended to read:
1.8120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.
1.9    (a) Students beginning 9th grade in the 2004-2005 school year and later must
1.10successfully complete the following high school level course credits for graduation:
1.11    (1) four credits of language arts;
1.12    (2) three credits of mathematics, encompassing at least algebra, geometry, statistics,
1.13and probability sufficient to satisfy the academic standard;
1.14    (3) three credits of science, including at least one credit in biology;
1.15    (4) three and one-half credits of social studies, encompassing at least United
1.16States history, geography, government and citizenship, world history, and economics or
1.17three credits of social studies encompassing at least United States history, geography,
1.18government and citizenship, and world history, and one-half credit of economics taught in
1.19a school's social studies, agriculture education, or business department;
1.20    (5) one credit in the arts; and
1.21    (6) a minimum of seven elective course credits.
1.22    A course credit is equivalent to a student successfully completing an academic
1.23year of study or a student mastering the applicable subject matter, as determined by the
1.24local school district.
2.1    (b) High school students must successfully complete at least one course credit under
2.2paragraph (a) that includes digital learning as defined in section 124D.095 to graduate.
2.3Where appropriate, a school district may comply with this requirement by adopting a
2.4comparable, locally established alternate plan to accommodate an eligible student with
2.5disabilities or an English-language learner enrolled in school for three school years or less.
2.6(c) An agriculture science course may fulfill a science credit requirement in addition
2.7to the specified science credits in biology and chemistry or physics under paragraph (a),
2.8clause (3).
2.9    (c) (d) A career and technical education course may fulfill a science, mathematics, or
2.10arts credit requirement in addition to the specified science, mathematics, or arts credits
2.11under paragraph (a), clause (2), (3), or (5).
2.12EFFECTIVE DATE.This section is effective for all students entering grade 9 in
2.13the 2013-2014 school year and later.

2.14    Sec. 2. Minnesota Statutes 2010, section 122A.18, is amended by adding a subdivision
2.15to read:
2.16    Subd. 3a. Technology strategies. All colleges and universities approved by the
2.17Board of Teaching to prepare persons for classroom teacher licensure must include in their
2.18teacher preparation programs the knowledge and skills teacher candidates need to deliver
2.19digital and blended learning and curriculum and engage students with technology.
2.20EFFECTIVE DATE.This section is effective for candidates entering a teacher
2.21preparation program after June 30, 2014.

2.22    Sec. 3. Minnesota Statutes 2010, section 122A.60, subdivision 1a, is amended to read:
2.23    Subd. 1a. Effective staff development activities. (a) Staff development activities
2.24must:
2.25(1) focus on the school classroom and research-based strategies that improve student
2.26learning;
2.27(2) provide opportunities for teachers to practice and improve their instructional
2.28skills over time;
2.29(3) provide opportunities for teachers to use student data as part of their daily work
2.30to increase student achievement;
2.31(4) enhance teacher content knowledge and instructional skills to accommodate
2.32the delivery of digital and blended learning and curriculum and engage students with
2.33technology;
3.1(5) align with state and local academic standards;
3.2(6) provide opportunities to build professional relationships, foster collaboration
3.3among principals and staff who provide instruction, and provide opportunities for
3.4teacher-to-teacher mentoring; and
3.5(7) align with the plan of the district or site for an alternative teacher professional
3.6pay system.
3.7Staff development activities may include curriculum development and curriculum training
3.8programs, and activities that provide teachers and other members of site-based teams
3.9training to enhance team performance. The school district also may implement other
3.10staff development activities required by law and activities associated with professional
3.11teacher compensation models.
3.12(b) Release time provided for teachers to supervise students on field trips and school
3.13activities, or independent tasks not associated with enhancing the teacher's knowledge
3.14and instructional skills, such as preparing report cards, calculating grades, or organizing
3.15classroom materials, may not be counted as staff development time that is financed with
3.16staff development reserved revenue under section 122A.61.
3.17EFFECTIVE DATE.This section is effective the day following final enactment.

3.18    Sec. 4. Minnesota Statutes 2010, section 122A.60, subdivision 3, is amended to read:
3.19    Subd. 3. Staff development outcomes. The advisory staff development committee
3.20must adopt a staff development plan for improving student achievement. The plan must
3.21be consistent with education outcomes that the school board determines. The plan
3.22must include ongoing staff development activities that contribute toward continuous
3.23improvement in achievement of the following goals:
3.24(1) improve student achievement of state and local education standards in all areas
3.25of the curriculum by using best practices methods;
3.26(2) effectively meet the needs of a diverse student population, including at-risk
3.27children, children with disabilities, and gifted children, within the regular classroom
3.28and other settings;
3.29(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse
3.30student population that is consistent with the state education diversity rule and the district's
3.31education diversity plan;
3.32(4) improve staff collaboration and develop mentoring and peer coaching programs
3.33for teachers new to the school or district;
4.1(5) effectively teach and model violence prevention policy and curriculum that
4.2address early intervention alternatives, issues of harassment, and teach nonviolent
4.3alternatives for conflict resolution; and
4.4(6) effectively deliver digital and blended learning and curriculum and engage
4.5students with technology; and
4.6(7) provide teachers and other members of site-based management teams with
4.7appropriate management and financial management skills.
4.8EFFECTIVE DATE.This section is effective the day following final enactment.

4.9    Sec. 5. Minnesota Statutes 2010, section 124D.095, subdivision 2, is amended to read:
4.10    Subd. 2. Definitions. For purposes of this section, the following terms have the
4.11meanings given them.
4.12    (a) "Digital learning" is learning facilitated by technology that offers students an
4.13element of control over the time, place, path, or pace of their learning.
4.14(b) "Blended learning" is a form of digital learning that occurs when: a student
4.15learns part time in a supervised physical setting and part time through digital delivery of
4.16instruction; or a student learns in a supervised physical setting where technology is used as
4.17a primary method to deliver instruction.
4.18(c) "Online learning" is an interactive course or program that delivers instruction
4.19from a teacher to a student by computer; is combined with other traditional delivery
4.20methods that include frequent student assessment and may include actual teacher contact
4.21time; and meets or exceeds state academic standards a form of digital learning delivered
4.22by an approved online learning provider under paragraph (d).
4.23    (b) (d) "Online learning provider" is a school district, an intermediate school district,
4.24an organization of two or more school districts operating under a joint powers agreement,
4.25or a charter school located in Minnesota that provides online learning to students and is
4.26approved by the department to provide online learning courses.
4.27    (c) (e) "Student" is a Minnesota resident enrolled in a school under section 120A.22,
4.28subdivision 4 , in kindergarten through grade 12.
4.29    (d) (f) "Online learning student" is a student enrolled in an online learning course or
4.30program delivered by an online learning provider under paragraph (b) (d).
4.31    (e) (g) "Enrolling district" means the school district or charter school in which
4.32a student is enrolled under section 120A.22, subdivision 4, for purposes of compulsory
4.33attendance.
4.34    (f) (h) "Supplemental online learning" means an online learning course taken in
4.35place of a course period during the regular school day at a local district school.
5.1    (g) (i) "Full-time online learning provider" means an enrolling school authorized by
5.2the department to deliver comprehensive public education at any or all of the elementary,
5.3middle, or high school levels.
5.4(h) (j) "Online learning course syllabus" is a written document that an online
5.5learning provider transmits to the enrolling district using a format prescribed by the
5.6commissioner to identify the state academic standards embedded in an online course,
5.7the course content outline, required course assessments, expectations for actual teacher
5.8contact time and other student-to-teacher communications, and the academic support
5.9available to the online learning student.
5.10EFFECTIVE DATE.This section is effective the day following final enactment.

5.11    Sec. 6. Minnesota Statutes 2010, section 124D.095, subdivision 4, is amended to read:
5.12    Subd. 4. Online learning parameters. (a) An online learning student must receive
5.13academic credit for completing the requirements of an online learning course or program.
5.14Secondary credits granted to an online learning student count toward the graduation
5.15and credit requirements of the enrolling district. The enrolling district must apply the
5.16same graduation requirements to all students, including online learning students, and
5.17must continue to provide nonacademic services to online learning students. If a student
5.18completes an online learning course or program that meets or exceeds a graduation
5.19standard or the grade progression requirement at the enrolling district, that standard or
5.20requirement is met. The enrolling district must use the same criteria for accepting online
5.21learning credits or courses as it does for accepting credits or courses for transfer students
5.22under section 124D.03, subdivision 9. The enrolling district may reduce the course
5.23schedule of an online learning student in proportion to the number of online learning
5.24courses the student takes from an online learning provider that is not the enrolling district.
5.25    (b) An online learning student may:
5.26    (1) enroll in supplemental online learning courses equal to a maximum of 50 percent
5.27of the student's full schedule of courses per term during a single school year and the
5.28student may exceed the supplemental online learning registration limit if the enrolling
5.29district permits supplemental online learning enrollment above the limit, or if the enrolling
5.30district and the online learning provider agree to the instructional services;
5.31    (2) complete course work at a grade level that is different from the student's current
5.32grade level; and
5.33    (3) enroll in additional courses with the online learning provider under a separate
5.34agreement that includes terms for paying any tuition or course fees.
6.1    (c) An online learning student has the same access to the computer hardware and
6.2education software available in a school as all other students in the enrolling district. An
6.3online learning provider must assist an online learning student whose family qualifies
6.4for the education tax credit under section 290.0674 to acquire computer hardware and
6.5educational software for online learning purposes.
6.6    (d) An enrolling district may offer online digital learning to its enrolled students.
6.7Such online digital learning does not generate online learning funds under this section.
6.8An enrolling district that offers online digital learning only to its enrolled students is not
6.9subject to the reporting requirements or review criteria under subdivision 7, unless the
6.10enrolling district is a full-time online learning provider. A teacher with a Minnesota
6.11license must assemble and deliver instruction to enrolled students receiving online
6.12learning from an enrolling district. The delivery of instruction occurs when the student
6.13interacts with the computer or the teacher and receives ongoing assistance and assessment
6.14of learning. The instruction may include curriculum developed by persons other than a
6.15teacher holding a Minnesota license.
6.16    (e) Both full-time and supplemental online learning providers are subject to the
6.17reporting requirements and review criteria under subdivision 7. A teacher holding a
6.18Minnesota license must assemble and deliver instruction to online learning students. The
6.19delivery of instruction occurs when the student interacts with the computer or the teacher
6.20and receives ongoing assistance and assessment of learning. The instruction may include
6.21curriculum developed by persons other than a teacher holding a Minnesota license. Unless
6.22the commissioner grants a waiver, a teacher providing online learning instruction must not
6.23instruct more than 40 students in any one online learning course or program.
6.24    (f) To enroll in more than 50 percent of the student's full schedule of courses per term
6.25in online learning, the student must qualify to exceed the supplemental online learning
6.26registration limit under paragraph (b) or apply to enroll in an approved full-time online
6.27learning program, consistent with subdivision 3, paragraph (a). Full-time online learning
6.28students may enroll in classes at a local school under a contract for instructional services
6.29between the online learning provider and the school district.
6.30EFFECTIVE DATE.This section is effective the day following final enactment.

6.31    Sec. 7. Minnesota Statutes 2010, section 124D.095, subdivision 7, is amended to read:
6.32    Subd. 7. Department of Education. (a) The department must review and approve
6.33or disapprove online learning providers within 90 calendar days of receiving an online
6.34learning provider's completed application. The commissioner, using research-based
6.35standards of quality for online learning programs, must review all approved online
7.1learning providers on a cyclical three-year basis. Approved online learning providers
7.2annually must submit program data to, confirm statements of assurances for, and provide
7.3program updates including a current course list to the commissioner.
7.4(b) The online learning courses and programs must be rigorous, aligned with state
7.5academic standards, and contribute to grade progression in a single subject. The online
7.6learning provider, other than a digital learning provider offering digital learning to its
7.7enrolled students only under subdivision 4, paragraph (d), must give the commissioner
7.8written assurance that: (1) all courses meet state academic standards; and (2) the online
7.9learning curriculum, instruction, and assessment, expectations for actual teacher-contact
7.10time or other student-to-teacher communication, and academic support meet nationally
7.11recognized professional standards and are described as such in an online learning course
7.12syllabus that meets the commissioner's requirements. Once an online learning provider
7.13is approved under this paragraph, all of its online learning course offerings are eligible
7.14for payment under this section unless a course is successfully challenged by an enrolling
7.15district or the department under paragraph (b) (c).
7.16    (b) (c) An enrolling district may challenge the validity of a course offered by
7.17an online learning provider. The department must review such challenges based on the
7.18certification procedures under paragraph (a) (b). The department may initiate its own
7.19review of the validity of an online learning course offered by an online learning provider.
7.20    (c) (d) The department may collect a fee not to exceed $250 for certifying approving
7.21 online learning providers or $50 per course for reviewing a challenge by an enrolling
7.22district.
7.23    (d) (e) The department must develop, publish, and maintain a list of approved online
7.24learning providers and online learning courses and programs that it has reviewed and
7.25certified approved.
7.26(f) The department may review a complaint about an online learning provider, or a
7.27complaint about a provider based on the provider's response to notice of a violation. If
7.28the department determines that an online learning provider violated a law or rule, the
7.29department may:
7.30(1) create a compliance plan for the provider; or
7.31(2) withhold funds from the provider under sections 124D.095, 124D.10, subdivision
7.328, and 127A.42. The department must notify an online learning provider in writing about
7.33withholding funds and provide detailed calculations.
7.34EFFECTIVE DATE.This section is effective the day following final enactment.

7.35    Sec. 8. Minnesota Statutes 2010, section 126C.15, subdivision 1, is amended to read:
8.1    Subdivision 1. Use of revenue. The basic skills revenue under section 126C.10,
8.2subdivision 4 , must be reserved and used to meet the educational needs of pupils who
8.3enroll under-prepared to learn and whose progress toward meeting state or local content or
8.4performance standards is below the level that is appropriate for learners of their age. Any
8.5of the following may be provided to meet these learners' needs:
8.6(1) direct instructional services under the assurance of mastery program according
8.7to section 124D.66;
8.8(2) remedial instruction in reading, language arts, mathematics, other content areas,
8.9or study skills to improve the achievement level of these learners;
8.10(3) additional teachers and teacher aides to provide more individualized instruction
8.11to these learners through individual tutoring, lower instructor-to-learner ratios, or team
8.12teaching;
8.13(4) a longer school day or week during the regular school year or through a summer
8.14program that may be offered directly by the site or under a performance-based contract
8.15with a community-based organization;
8.16(5) comprehensive and ongoing staff development consistent with district and site
8.17plans according to section 122A.60, for teachers, teacher aides, principals, and other
8.18personnel to improve their ability to identify the needs of these learners and provide
8.19appropriate remediation, intervention, accommodations, or modifications;
8.20(6) instructional materials, digital learning, and technology appropriate for meeting
8.21the individual needs of these learners;
8.22(7) programs to reduce truancy, encourage completion of high school, enhance
8.23self-concept, provide health services, provide nutrition services, provide a safe and secure
8.24learning environment, provide coordination for pupils receiving services from other
8.25governmental agencies, provide psychological services to determine the level of social,
8.26emotional, cognitive, and intellectual development, and provide counseling services,
8.27guidance services, and social work services;
8.28(8) bilingual programs, bicultural programs, and programs for learners of limited
8.29English proficiency;
8.30(9) all day kindergarten;
8.31(10) extended school day and extended school year programs; and
8.32(11) substantial parent involvement in developing and implementing remedial
8.33education or intervention plans for a learner, including learning contracts between the
8.34school, the learner, and the parent that establish achievement goals and responsibilities of
8.35the learner and the learner's parent or guardian.