SF 1889

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 09/03/2014 09:13am

A bill for an act
relating to education; providing for policy and technical modifications in early
childhood and family, kindergarten through grade 12, and adult education
including general education, education excellence, special programs, nutrition,
libraries, English learners, and interstate compact on educational opportunity
for military children; unsession changes; amending Minnesota Statutes 2012,
sections 13.32, subdivision 6; 119A.50, subdivision 3; 120A.22, subdivision 2;
120A.32; 120B.022; 120B.12; 121A.36; 121A.582, subdivision 1; 122A.06,
subdivision 4; 122A.09, subdivision 7; 122A.14, subdivisions 2, 3; 122A.18,
subdivisions 2a, 4; 122A.19; 122A.413, subdivision 2; 122A.414, subdivision
2; 122A.60, subdivisions 1a, 2, 3; 122A.68, subdivision 3; 122A.74; 123A.06,
subdivisions 2, 4; 123B.04, subdivision 4; 123B.147, subdivision 3; 123B.88,
subdivision 1; 124D.03, subdivisions 3, 4, 5, 6, by adding a subdivision; 124D.08,
by adding a subdivision; 124D.111, subdivision 3; 124D.13, subdivision 2;
124D.141, subdivisions 2, 3; 124D.15, subdivision 3; 124D.49, subdivision
3; 124D.52, as amended; 124D.522; 124D.59, subdivision 2, by adding a
subdivision; 124D.895; 124D.8955; 125A.023, subdivisions 3, 4; 125A.027,
subdivisions 1, 4; 125A.03; 125A.08; 125A.22; 127A.065; 127A.41, subdivision
7; 127A.70, subdivision 1; 134.355, subdivision 8; 260D.06, subdivision
2; Minnesota Statutes 2013 Supplement, sections 120B.021, subdivision 4;
120B.11; 120B.115; 120B.125; 120B.35, subdivision 3; 120B.36, subdivision
1; 122A.09, subdivision 4; 122A.18, subdivision 2; 122A.40, subdivision 8;
122A.41, subdivision 5; 124D.165, subdivisions 2, 4, 5; 124D.4531, subdivisions
1, 3, 3a; 124D.861, subdivision 3; 125A.0942, subdivision 2; 125A.30;
127A.70, subdivision 2; 626.556, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapters 124D; 127A; repealing Minnesota Statutes
2012, sections 119A.04, subdivision 3; 120A.30; 120B.19; 120B.24; 120B.35,
subdivision 4; 121A.17, subdivision 9; 122A.19, subdivision 3; 122A.52;
122A.53; 122A.61, subdivision 2; 122A.71; 124D.24; 124D.25; 124D.26;
124D.27; 124D.28; 124D.29; 124D.30; 124D.31; 125A.027, subdivision 3.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2012, section 123B.88, subdivision 1, is amended to read:

Subdivision 1.

Providing transportation.

The board may provide for the
transportation of pupils to and from school and for any other purpose. The board may
also provide for the transportation of pupils to schools in other districts for grades and
departments not maintained in the district, including high school, at the expense of
the district, when funds are available therefor and if agreeable to the district to which
it is proposed to transport the pupils, for the whole or a part of the school year, as it
may deem advisable, and subject to its rules. In any district, the board must arrange
for the attendance of all pupils living two miles or more from the school, except pupils
whose transportation privileges have been voluntarily surrendered under subdivision 2,
or whose privileges have been revoked under section 123B.91, subdivision 1, clause
(6), or 123B.90, subdivision 2. The district may provide for the transportation of or the
boarding and rooming of the pupils who may be more economically and conveniently
provided for by that means. Arrangements for attendance may include a requirement
that parents or guardians request transportation before it is provided. The board must
provide transportation to and from the home of a child with a disability not yet enrolled in
kindergarten when special instruction and services under sections 125A.03 to 125A.24,
125A.26 to 125A.48, and 125A.65 are provided in a deleted text begin location other than in the child's home
deleted text end new text begin district facility, a placement contracted for by the district, or a Head Start program if the
Head Start program does not otherwise provide transportation new text end . When transportation is
provided, scheduling of routes, establishment of the location of bus stops, manner and
method of transportation, control and discipline of school children, the determination of
fees, and any other matter relating thereto must be within the sole discretion, control, and
management of the board. The district may provide for the transportation of pupils or
expend a reasonable amount for room and board of pupils whose attendance at school can
more economically and conveniently be provided for by that means or who attend school
in a building rented or leased by a district within the confines of an adjacent district.

Sec. 2.

Minnesota Statutes 2012, section 124D.08, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Continued enrollment for students placed in foster care.
new text end

new text begin Notwithstanding subdivision 2, a pupil who has been enrolled in a district who is placed
in foster care in another district may continue to enroll in the prior district without the
approval of the board of the prior district. The approval of the board where the pupil's
foster home is located is not required.
new text end

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2012, section 13.32, subdivision 6, is amended to read:

Subd. 6.

Admissions forms; remedial instruction.

(a) Minnesota postsecondary
education institutions, for purposes of reporting and research, may collect on the
1986-1987 admissions form, and disseminate to any public educational agency or
institution the following data on individuals: student sex, ethnic background, age, and
disabilities. The data shall not be required of any individual and shall not be used for
purposes of determining the person's admission to an institution.

(b) A school district that receives information under subdivision 3, paragraph
(h) from a postsecondary institution about an identifiable student shall maintain the
data as educational data and use that data to conduct studies to improve instruction.
Public postsecondary systems deleted text begin annually shall provide summary data to the Department
of Education indicating deleted text end new text begin as part of their participation in the Statewide Longitudinal
Education Data System shall provide data on new text end the extent and content of the remedial
instruction received deleted text begin in each system during the prior academic year deleted text end by new text begin individual students new text end ,
and the results of assessment testing and the academic performance of, students who
graduated from a Minnesota school district within two years before receiving the remedial
instruction. The deleted text begin department deleted text end new text begin Office of Higher Education, in collaboration with the
Department of Education, new text end shall evaluate the data and annually report its findings to the
education committees of the legislature.

(c) This section supersedes any inconsistent provision of law.

Sec. 2.

Minnesota Statutes 2013 Supplement, section 120B.021, subdivision 4, is
amended to read:

Subd. 4.

Revisions and reviews required.

(a) The commissioner of education must
revise and appropriately embed technology and information literacy standards consistent
with recommendations from school media specialists into the state's academic standards
and graduation requirements and implement a ten-year cycle to review and revise state
academic standards and related benchmarks, consistent with this subdivision. During each
ten-year review and revision cycle, the commissioner also must examine the alignment
of each required academic standard and related benchmark with the knowledge and
skills students need for career and college readiness and advanced work in the particular
subject area. The commissioner must include the contributions of Minnesota American
Indian tribes and communities as related to the academic standards during the review and
revision of the required academic standards.

(b) The commissioner must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 are aligned with the state academic
standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph
(b). The commissioner must implement a review of the academic standards and related
benchmarks in mathematics beginning in the 2015-2016 school year new text begin and every ten years
thereafter new text end .

(c) The commissioner must implement a review of the academic standards and related
benchmarks in arts beginning in the 2016-2017 school year new text begin and every ten years thereafter new text end .

(d) The commissioner must implement a review of the academic standards and
related benchmarks in science beginning in the 2017-2018 school year new text begin and every ten
years thereafter new text end .

(e) The commissioner must implement a review of the academic standards and
related benchmarks in language arts beginning in the 2018-2019 school year new text begin and every
ten years thereafter new text end .

(f) The commissioner must implement a review of the academic standards and
related benchmarks in social studies beginning in the 2019-2020 school year new text begin and every
ten years thereafter new text end .

(g) School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, world languages, and career
and technical education to require students to complete the revised standards beginning
in a school year determined by the school district or charter school. School districts and
charter schools must formally establish a periodic review cycle for the academic standards
and related benchmarks in health, world languages, and career and technical education.

Sec. 3.

Minnesota Statutes 2012, section 120B.022, is amended to read:

120B.022 ELECTIVE STANDARDS.

Subdivision 1.

Elective standards.

deleted text begin (a) deleted text end A district must establish its own standards in
the following subject areas:

(1) career and technical education; and

(2) world languages.

A school district must offer courses in all elective subject areas.

new text begin Subd. 1a. new text end

new text begin Foreign language and culture; proficiency certificates. new text end

deleted text begin (b) deleted text end new text begin (a) new text end World
languages teachers and other school staff should develop and implement world languages
programs that acknowledge and reinforce the language proficiency and cultural awareness
that non-English language speakers already possess, and encourage students' proficiency
in multiple world languages. Programs under this deleted text begin paragraph deleted text end new text begin section new text end must encompass
indigenous American Indian languages and cultures, among other world languages and
cultures. The department shall consult with postsecondary institutions in developing
related professional development opportunities new text begin for purposes of this section new text end .

deleted text begin (c) deleted text end new text begin (b) new text end Any Minnesota public, charter, or nonpublic school may award Minnesota
World Language Proficiency Certificates or Minnesota World Language Proficiency High
Achievement Certificates, consistent with this subdivision.

new text begin (c) new text end The Minnesota World Language Proficiency Certificate recognizes students who
demonstrate listening, speaking, reading, and writing language skills at the American
Council on the Teaching of Foreign Languages' Intermediate-Low level on a valid and
reliable assessment tool. For languages listed as Category 3 by the United States Foreign
Service Institute or Category 4 by the United States Defense Language Institute, the
standard is Intermediate-Low for listening and speaking and Novice-High for reading
and writing.

new text begin (d) new text end The Minnesota World Language Proficiency High Achievement Certificate
recognizes students who demonstrate listening, speaking, reading, and writing language
skills at the American Council on the Teaching of Foreign Languages' Pre-Advanced level
for K-12 learners on a valid and reliable assessment tool. For languages listed as Category
3 by the United States Foreign Service Institute or Category 4 by the United States
Defense Language Institute, the standard is Pre-Advanced for listening and speaking and
Intermediate-Mid for reading and writing.

new text begin Subd. 1b. new text end

new text begin State bilingual and multilingual seals. new text end

new text begin (a) Consistent with efforts to
strive for the world's best workforce under sections 120B.11 and 124D.10, subdivision 8,
paragraph (u), 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 graduates who demonstrate level 5 functional native proficiency
in speaking and reading on the Foreign Services Institute language proficiency tests 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.
new text end

new text begin (b) In addition to paragraph (a), to be eligible to receive a seal:
new text end

new text begin (1) students must satisfactorily complete all required English language arts credits;
and
new text end

new text begin (2) students whose primary language is other than English must demonstrate mastery
of Minnesota's English language proficiency standards.
new text end

new text begin (c) Consistent with this subdivision, a high school graduate who demonstrates
functional native proficiency in one language in addition to English is eligible to receive
the state bilingual seal. A high school graduate who demonstrates functional native
proficiency in more than one language in addition to English is eligible to receive the
state multilingual seal.
new text end

new text begin (d) School districts and charter schools, in consultation with regional centers
of excellence under section 120B.115, must give students periodic opportunities to
demonstrate their level of proficiency in speaking and reading in a language in addition
to English. Where valid and reliable assessments are unavailable, a school district or
charter school may rely on a licensed foreign language immersion teacher or a nonlicensed
community expert under section 122A.25 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 graduates eligible to receive the
state bilingual or multilingual seal. The school district or charter school must affix the
appropriate seal to the transcript of each high school graduate 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 graduate a fee for this seal.
new text end

new text begin (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.
new text end

new text begin (f) A school district or charter school may award community service credit to a
student who demonstrates level 5 functional native proficiency in speaking and reading
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.
new text end

new text begin (g) The commissioner must develop a Web page for the electronic delivery of these
seals. The commissioner must list on the Web page those assessments that are equivalent
to the Foreign Services Institute language proficiency tests.
new text end

new text begin (h) The colleges and universities of the Minnesota State Colleges and Universities
system must award foreign language credits to a student who receives a state bilingual seal
or a state multilingual seal under this subdivision and may award foreign language credits to
a student who receives a Minnesota World Language Proficiency Certificate or a Minnesota
World Language Proficiency High Achievement Certificate under subdivision 1a.
new text end

Subd. 2.

Local assessments.

A district must use a locally selected assessment to
determine if a student has achieved an elective standard.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later, except subdivision 1b, paragraph (h) is effective for students enrolling in a MnSCU
system college or university in the 2015-2016 school year or later.
new text end

Sec. 4.

Minnesota Statutes 2013 Supplement, section 120B.11, subdivision 3, is
amended to read:

Subd. 3.

District advisory committee.

Each school board shall establish an
advisory committee to ensure active community participation in all phases of planning and
improving the instruction and curriculum affecting state and district academic standards,
consistent with subdivision 2. A district advisory committee, to the extent possible, shall
reflect the diversity of the district and its school sites, and shall include teachers, parents,
support staff, students, and other community residents. The district may establish site
teams as subcommittees of the district advisory committee under subdivision 4. The
district advisory committee shall recommend to the school board rigorous academic
standards, student achievement goals and measures consistent with subdivision 1a and
sections 120B.022, deleted text begin subdivision 1 deleted text end deleted text begin , paragraphs (b) and (c) deleted text end new text begin subdivisions 1a and 1b new text end , and
120B.35, district assessments, and program evaluations. School sites may expand upon
district evaluations of instruction, curriculum, assessments, or programs. Whenever
possible, parents and other community residents shall comprise at least two-thirds of
advisory committee members.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 5.

Minnesota Statutes 2013 Supplement, section 120B.115, is amended to read:

120B.115 REGIONAL CENTERS OF EXCELLENCE.

(a) Regional centers of excellence are established to assist and support school
boards, school districts, school sites, and charter schools in implementing research-based
interventions and practices to increase the students' achievement within a region.
The centers must develop partnerships with local and regional service cooperatives,
postsecondary institutions, integrated school districts, the department, children's mental
health providers, or other local or regional entities interested in providing a cohesive
and consistent regional delivery system that serves all schools equitably. Centers must
assist school districts, school sites, and charter schools in developing similar partnerships.
Center support may include assisting school districts, school sites, and charter schools
with common principles of effective practice, including:

(1) defining measurable education goals under deleted text begin section deleted text end new text begin sections new text end 120B.11, subdivision
2 new text begin , and 120B.022, subdivisions 1a and 1b new text end ;

(2) implementing evidence-based practices;

(3) engaging in data-driven decision-making;

(4) providing multilayered levels of support;

(5) supporting culturally responsive teaching and learning aligning state and local
academic standards and career and college readiness benchmarks; and

(6) engaging parents, families, youth, and local community members in programs
and activities at the school district, school site, or charter school.

Centers must work with school site leadership teams to build capacity to implement
programs that close the achievement gap, increase students' progress and growth toward
career and college readiness, and increase student graduation rates.

(b) The department must assist the regional centers of excellence to meet staff,
facilities, and technical needs, provide the centers with programmatic support, and work
with the centers to establish a coherent statewide system of regional support, including
consulting, training, and technical support, to help school boards, school districts, school
sites, and charter schools effectively and efficiently implement the world's best workforce
goals under section 120B.11 and other state and federal education initiatives.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 6.

Minnesota Statutes 2012, section 123A.06, subdivision 4, is amended to read:

Subd. 4.

Granting a diploma.

Upon successful completion of the area learning
center program, a pupil is entitled to receive a high school diploma. The pupil may elect
to receive a diploma from either the district of residence or the district in which the
area learning center is located new text begin or the intermediate district or educational cooperative
responsible for the area learning center program new text end .

Sec. 7.

Minnesota Statutes 2012, section 124D.03, subdivision 3, is amended to read:

Subd. 3.

Pupil application procedures.

In order that a pupil may attend a school or
program in a nonresident district, the pupil's parent or guardian must submit an application
to the nonresident district. deleted text begin Before submitting an application, the pupil and the pupil's
parent or guardian must explore with a school guidance counselor, or other appropriate
staff member employed by the district the pupil is currently attending, the pupil's academic
or other reason for applying to enroll in a nonresident district. deleted text end The pupil's application must
identify deleted text begin the deleted text end new text begin a new text end reason for enrolling in the nonresident district. The parent or guardian of a
pupil must submit deleted text begin an deleted text end new text begin a signed new text end application by January 15 for initial enrollment beginning
the following school year. The application must be on a form provided by the Department
of Education. A particular school or program may be requested by the parent. Once
enrolled in a nonresident district, the pupil may remain enrolled and is not required to
submit annual or periodic applications. new text begin If the student moves to a new resident district,
the student retains the seat in the nonresident district, but must submit a new enrollment
options form to update the student's information. new text end To return to the resident district or to
transfer to a different nonresident district, the parent or guardian of the pupil must provide
notice to the resident district or apply to a different nonresident district by January 15 for
enrollment beginning the following school year.

Sec. 8.

Minnesota Statutes 2012, section 124D.03, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Desegregation deleted text end new text begin Achievement and integration new text end district transfers.

(a)
This subdivision applies to a transfer into or out of a district that has deleted text begin a desegregation deleted text end new text begin an
achievement and integration new text end plan approved by the commissioner of education.

(b) An application to transfer may be submitted at any time for enrollment beginning
at any time.

(c) A pupil enrolled in a nonresident district under deleted text begin a desegregation deleted text end new text begin an achievement
and integration new text end plan approved by the commissioner of education is not required to make
annual or periodic application for enrollment but may remain enrolled in the same district.
A pupil may transfer to the resident district at any time.

(d) Subdivision 2 applies to a transfer into or out of a district with deleted text begin a desegregation deleted text end new text begin an
achievement and integration new text end plan.

Sec. 9.

Minnesota Statutes 2012, section 124D.03, subdivision 5, is amended to read:

Subd. 5.

Nonresident district procedures.

A district shall notify the parent or
guardian in writing by February 15 new text begin or within 90 days for applications submitted after
January 15 in the case of achievement and integration district transfers new text end whether the
application has been accepted or rejected. If an application is rejected, the district must
state in the notification the reason for rejection. The parent or guardian must notify the
nonresident district by March 1 new text begin or within 45 days new text end whether the pupil intends to enroll in the
nonresident district. Notice of intent to enroll in the nonresident district obligates the pupil
to attend the nonresident district during the following school year, unless the boards of
the resident and the nonresident districts agree in writing to allow the pupil to transfer
back to the resident district deleted text begin , or deleted text end new text begin . If new text end the pupil's parents or guardians change residence to
another district new text begin , the student does not lose the seat in the nonresident district but the parent
or guardian must complete an updated enrollment options form new text end . If a parent or guardian
does not notify the nonresident district new text begin by the January 15 deadline, if it applies new text end , the pupil
may not enroll in that nonresident district during the following school year, unless the
boards of the resident and nonresident district agree otherwise. The nonresident district
must notify the resident district by March 15 new text begin or 30 days later new text end of the pupil's intent to enroll
in the nonresident district. The same procedures apply to a pupil who applies to transfer
from one participating nonresident district to another participating nonresident district.

Sec. 10.

Minnesota Statutes 2012, section 124D.03, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin Lotteries. new text end

new text begin If a school district has more applications than available seats at
a specific grade level, it must hold an impartial lottery following the January 15 deadline
to determine which students will receive seats. Siblings of currently enrolled students and
applications related to an approved integration and achievement plan must receive priority
in the lottery. The process for the school district lottery must be established in school
district policy, approved by the school board, and be posted on the school district's Web site.
new text end

Sec. 11.

Minnesota Statutes 2012, section 124D.03, subdivision 6, is amended to read:

Subd. 6.

Basis for decisions.

The board must adopt, by resolution, specific
standards for acceptance and rejection of applications. Standards may include the capacity
of a program, new text begin excluding special education services; new text end class deleted text begin , deleted text end new text begin ; new text end or school building. The
school board may not reject applications for enrollment in a particular grade level if the
nonresident enrollment at that grade level does not exceed the limit set by the board under
subdivision 2. Standards may not include previous academic achievement, athletic or
other extracurricular ability, disabling conditions, proficiency in the English language,
previous disciplinary proceedings, or the student's district of residence new text begin , except where the
district of residence is directly included in an enrollment options strategy included in an
approved achievement and integration program new text end .

Sec. 12.

Minnesota Statutes 2013 Supplement, section 124D.4531, subdivision 1,
is amended to read:

Subdivision 1.

Career and technical revenue.

(a) A district with a career and
technical program approved under this section for the fiscal year in which the levy is
certified is eligible for career and technical revenue equal to 35 percent of approved
expenditures in the fiscal year in which the levy is certified for the following:

(1) salaries paid to essential, licensed personnel providing direct instructional
services to students in that fiscal year, including extended contracts, for services rendered
in the district's approved career and technical education programs, excluding salaries
reimbursed by another school district under clause (2);

(2) amounts paid to another Minnesota school district for salaries of essential,
licensed personnel providing direct instructional services to students in that fiscal year for
services rendered in the district's approved career and technical education programs;

(3) contracted services provided by a public or private agency other than a Minnesota
school district or cooperative center under deleted text begin subdivision 7 deleted text end new text begin chapter 123A or 136D new text end ;

(4) necessary travel between instructional sites by licensed career and technical
education personnel;

(5) necessary travel by licensed career and technical education personnel for
vocational student organization activities held within the state for instructional purposes;

(6) curriculum development activities that are part of a five-year plan for
improvement based on program assessment;

(7) necessary travel by licensed career and technical education personnel for
noncollegiate credit-bearing professional development; and

(8) specialized vocational instructional supplies.

deleted text begin (b) Up to ten percent of a district's career and technical revenue may be spent on
equipment purchases. Districts using the career and technical revenue for equipment
purchases must report to the department on the improved learning opportunities for
students that result from the investment in equipment.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The district must recognize the full amount of this levy as revenue for the
fiscal year in which it is certified.

deleted text begin (d) deleted text end new text begin (c) new text end The amount of the revenue calculated under this subdivision may not exceed
$17,850,000 for taxes payable in 2012, $15,520,000 for taxes payable in 2013, and
$20,657,000 for taxes payable in 2014.

deleted text begin (e) deleted text end new text begin (d) new text end If the estimated revenue exceeds the amount in paragraph deleted text begin (d) deleted text end new text begin (c) new text end , the
commissioner must reduce the percentage in paragraph (a) until the estimated revenue no
longer exceeds the limit in paragraph deleted text begin (d) deleted text end new text begin (c) new text end .

Sec. 13.

Minnesota Statutes 2013 Supplement, section 124D.4531, subdivision 3,
is amended to read:

Subd. 3.

Revenue guarantee.

Notwithstanding subdivision 1, paragraph (a), the
career and technical education revenue for a district is not less than the lesser of:

(1) the district's career and technical education revenue for the previous fiscal year; or

(2) 100 percent of the approved expenditures for career and technical programs
included in subdivision 1, paragraph deleted text begin (b) deleted text end new text begin (a) new text end , for the fiscal year in which the levy is certified.

Sec. 14.

Minnesota Statutes 2013 Supplement, section 124D.4531, subdivision 3a,
is amended to read:

Subd. 3a.

Revenue adjustments.

Notwithstanding subdivisions 1, 1a, and 3, for
taxes payable in 2012 to 2014 only, the department must calculate the career and technical
revenue for each district according to Minnesota Statutes 2010, section 124D.4531, and
adjust the revenue for each district proportionately to meet the statewide revenue target
under subdivision 1, paragraph deleted text begin (d) deleted text end new text begin (c) new text end . For purposes of calculating the revenue guarantee
under subdivision 3, the career and technical education revenue for the previous fiscal
year is the revenue according to Minnesota Statutes 2010, section 124D.4531, before
adjustments to meet the statewide revenue target.

Sec. 15.

Minnesota Statutes 2013 Supplement, section 124D.861, subdivision 3,
is amended to read:

Subd. 3.

Public engagement; progress report and budget process.

(a) To
receive revenue under section 124D.862, the school board of an eligible district must
incorporate school and district plan components under section 120B.11 into the district's
comprehensive integration plan.

(b) A school board must hold at least one formal annual hearing to publicly report its
progress in realizing the goals identified in its plan. At the hearing, the board must provide
the public with longitudinal data demonstrating district and school progress in reducing
the disparities in student academic performance among the specified categories of students
and in realizing racial and economic integration, consistent with the district plan and the
measures in paragraph (a). At least 30 days before the formal hearing under this paragraph,
the board must post its plan, its preliminary analysis, relevant student performance data,
and other longitudinal data on the district's Web site. A district must hold one hearing to
meet the hearing requirements of both this section and section 120B.11.

(c) The district must submit a detailed budget to the commissioner by March 15 in
the year before it implements its plan. The commissioner must review, and approve or
disapprove the district's budget by June 1 of that year.

(d) The longitudinal data required under paragraph (a) must be based on student
growth and progress in reading and mathematics, as defined under section 120B.30,
subdivision 1, and student performance data and achievement reports from fully adaptive
reading and mathematics assessments for grades 3 through 7 beginning in the 2015-2016
school year under section 120B.30, subdivision 1a, and either (i) school enrollment
choices, (ii) the number of world language proficiency or high achievement certificates
awarded under section 120B.022, subdivision deleted text begin 1 deleted text end deleted text begin , paragraphs (b) and (c) deleted text end new text begin 1a, or the number
of state bilingual and multilingual seals issued under section 120B.022, subdivision 1b new text end ,
or (iii) school safety and students' engagement and connection at school under section
120B.35, subdivision 3, paragraph (d). Additional longitudinal data may be based on:
students' progress toward career and college readiness under section 120B.30, subdivision
1; or rigorous coursework completed under section 120B.35, subdivision 3, paragraph
(c), clause (2).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2014-2015 school year and
later.
new text end

Sec. 16.

Minnesota Statutes 2013 Supplement, section 127A.70, subdivision 2, is
amended to read:

Subd. 2.

Powers and duties; report.

(a) The partnership shall develop
recommendations to the governor and the legislature designed to maximize the achievement
of all P-20 students while promoting the efficient use of state resources, thereby helping
the state realize the maximum value for its investment. These recommendations may
include, but are not limited to, strategies, policies, or other actions focused on:

(1) improving the quality of and access to education at all points from preschool
through graduate education;

(2) improving preparation for, and transitions to, postsecondary education and
work; deleted text begin and
deleted text end

(3) ensuring educator quality by creating rigorous standards for teacher recruitment,
teacher preparation, induction and mentoring of beginning teachers, and continuous
professional development for career teachers new text begin ; and
new text end

new text begin (4) realigning the governance and administrative structures of early education,
kindergarten through grade 12, and postsecondary systems in Minnesota new text end .

(b) Under the direction of the P-20 Education Partnership Statewide Longitudinal
Education Data System Governance Committee, the Office of Higher Education and the
Departments of Education and Employment and Economic Development shall improve
and expand the Statewide Longitudinal Education Data System (SLEDS) to provide
policymakers, education and workforce leaders, researchers, and members of the public
with data, research, and reports to:

(1) expand reporting on students' educational outcomes;

(2) evaluate the effectiveness of educational and workforce programs; and

(3) evaluate the relationship between education and workforce outcomes.

To the extent possible under federal and state law, research and reports should be
accessible to the public on the Internet, and disaggregated by demographic characteristics,
organization or organization characteristics, and geography.

It is the intent of the legislature that the Statewide Longitudinal Education Data
System inform public policy and decision-making. The SLEDS governance committee,
with assistance from staff of the Office of Higher Education, the Department of Education,
and the Department of Employment and Economic Development, shall respond to
legislative committee and agency requests on topics utilizing data made available through
the Statewide Longitudinal Education Data System as resources permit. Any analysis of
or report on the data must contain only summary data.

(c) By January 15 of each year, the partnership shall submit a report to the governor
and to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over P-20 education policy and finance that summarizes the
partnership's progress in meeting its goals and identifies the need for any draft legislation
when necessary to further the goals of the partnership to maximize student achievement
while promoting efficient use of resources.

Sec. 17. new text begin MNSCU REVIEW OF WORLD LANGUAGE COMPETENCIES.
new text end

new text begin The Minnesota State Colleges and Universities (MnSCU) chancellor, after
consulting with the world language faculty, must review the specific competencies a
K-12 student masters in attaining a state bilingual seal, multilingual seal, Minnesota
World Language Proficiency Certificate, or Minnesota World Language Proficiency High
Achievement Certificate under section 3, subdivisions 1a and 1b, and determine credit
and course equivalencies for each seal or certificate. The chancellor, or the chancellor's
designee, must report findings, determinations, and any recommendations to the education
policy and finance committees of the legislature by February 15, 2015.
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. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 120B.35, subdivision 4; and 122A.61, subdivision
2, new text end new text begin are repealed.
new text end

ARTICLE 3

SPECIAL PROGRAMS

Section 1.

Minnesota Statutes 2012, section 121A.582, subdivision 1, is amended to
read:

Subdivision 1.

Reasonable force standard.

(a) A teacher or school principal, in
exercising the person's lawful authority, may use reasonable force when it is necessary
under the circumstances to correct or restrain a student or prevent bodily harm or death
to another.

(b) A school employee, school bus driver, or other agent of a district, in exercising
the person's lawful authority, may use reasonable force when it is necessary under the
circumstances to restrain a student or prevent bodily harm or death to another.

(c) Paragraphs (a) and (b) do not authorize conduct prohibited under deleted text begin sections
121A.58 and 121A.67 deleted text end new text begin section 125A.0942 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. 2.

Minnesota Statutes 2012, section 125A.023, subdivision 3, is amended to read:

Subd. 3.

Definitions.

For purposes of this section and section 125A.027, the
following terms have the meanings given them:

(a) "Health plan" means:

(1) a health plan under section 62Q.01, subdivision 3;

(2) a county-based purchasing plan under section 256B.692;

(3) a self-insured health plan established by a local government under section
471.617; or

(4) self-insured health coverage provided by the state to its employees or retirees.

(b) For purposes of this section, "health plan company" means an entity that issues
a health plan as defined in paragraph (a).

deleted text begin (c) "Individual interagency intervention plan" means a standardized written plan
describing those programs or services and the accompanying funding sources available to
eligible children with disabilities.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end "Interagency intervention service system" means a system that coordinates
services and programs required in state and federal law to meet the needs of eligible
children with disabilities ages birth through 21, including:

(1) services provided under the following programs or initiatives administered
by state or local agencies:

(i) the maternal and child health program under title V of the Social Security Act;

(ii) the Minnesota children with special health needs program under sections 144.05
and 144.07;

(iii) the Individuals with Disabilities Education Act, Part B, section 619, and Part
C as amended;

(iv) medical assistance under title 42, chapter 7, of the Social Security Act;

(v) developmental disabilities services under chapter 256B;

(vi) the Head Start Act under title 42, chapter 105, of the Social Security Act;

(vii) vocational rehabilitation services provided under chapters 248 and 268A and
the Rehabilitation Act of 1973;

(viii) Juvenile Court Act services provided under sections 260.011 to 260.91;
260B.001 to 260B.446; and 260C.001 to 260C.451;

(ix) Minnesota Comprehensive Children's Mental Health Act under section 245.487;

(x) the community health services grants under sections 145.88 to 145.9266;

(xi) the Local Public Health Act under chapter 145A; and

(xii) the Vulnerable Children and Adults Act, sections 256M.60 to 256M.80;

(2) service provision and funding that can be coordinated through:

(i) the children's mental health collaborative under section 245.493;

(ii) the family services collaborative under section 124D.23;

(iii) the community transition interagency committees under section 125A.22; and

(iv) the interagency early intervention committees under section 125A.259;

(3) financial and other funding programs to be coordinated including medical
assistance under title 42, chapter 7, of the Social Security Act, the MinnesotaCare program
under chapter 256L, Supplemental Social Security Income, Developmental Disabilities
Assistance, and any other employment-related activities associated with the Social
Security Administration; and services provided under a health plan in conformity with an
individual family service plan or an individualized education program or an individual
interagency intervention plan; and

(4) additional appropriate services that local agencies and counties provide on
an individual need basis upon determining eligibility and receiving a request from the
interagency early intervention committee and the child's parent.

deleted text begin (e) deleted text end new text begin (d) new text end "Children with disabilities" has the meaning given in section 125A.02.

deleted text begin (f) deleted text end new text begin (e) new text end A "standardized written plan" means those individual services or programs new text begin ,
with accompanying funding sources, new text end available through the interagency intervention
service system to an eligible child other than the services or programs described in the
child's individualized education program or the child's individual family service plan.

Sec. 3.

Minnesota Statutes 2012, section 125A.023, subdivision 4, is amended to read:

Subd. 4.

State Interagency Committee.

(a) The new text begin commissioner of education, on
behalf of the new text end governor new text begin , new text end shall convene deleted text begin a 19-member deleted text end new text begin an new text end interagency committee to develop
and implement a coordinated, multidisciplinary, interagency intervention service system
for children ages three to 21 with disabilities. The commissioners of commerce, education,
health, human rights, human services, employment and economic development, and
corrections shall each appoint two committee members from their departments; deleted text begin the
Association of Minnesota Counties shall appoint two county representatives, one of whom
must be an elected official, as committee members; deleted text end and the new text begin Association of Minnesota
Counties, new text end Minnesota School Boards Association, the Minnesota Administrators of Special
Education, and the School Nurse Association of Minnesota shall each appoint one
committee member. The committee shall select a chair from among its members.

(b) The committee shall:

(1) identify and assist in removing state and federal barriers to local coordination of
services provided to children with disabilities;

(2) identify adequate, equitable, and flexible funding sources to streamline these
services;

(3) develop guidelines for implementing policies that ensure a comprehensive and
coordinated system of all state and local agency services, including multidisciplinary
assessment practices for children with disabilities ages three to 21 deleted text begin ; deleted text end new text begin , including:
new text end

deleted text begin (4) deleted text end new text begin (i) new text end develop, consistent with federal law, a standardized written plan for providing
services to a child with disabilities;

deleted text begin (5) deleted text end new text begin (ii) new text end identify how current systems for dispute resolution can be coordinated deleted text begin and
develop guidelines for that coordination deleted text end ;

deleted text begin (6) deleted text end new text begin (iii) new text end develop an evaluation process to measure the success of state and local
interagency efforts in improving the quality and coordination of services to children with
disabilities ages three to 21; new text begin and
new text end

deleted text begin (7) deleted text end new text begin (iv) new text end develop guidelines to assist the governing boards of the interagency
early intervention committees in carrying out the duties assigned in section 125A.027,
subdivision 1, paragraph (b); and

deleted text begin (8) deleted text end new text begin (4) new text end carry out other duties necessary to develop and implement within
communities a coordinated, multidisciplinary, interagency intervention service system for
children with disabilities.

(c) The committee shall consult on an ongoing basis with the state new text begin Special new text end Education
Advisory deleted text begin Committee for Special Education deleted text end new text begin Panel new text end and the governor's Interagency
Coordinating Council in carrying out its duties under this section, including assisting the
governing boards of the interagency early intervention committees.

Sec. 4.

Minnesota Statutes 2012, section 125A.027, subdivision 1, is amended to read:

Subdivision 1.

Additional duties.

(a) The governing boards of the interagency early
intervention committees are responsible for developing and implementing interagency
policies and procedures to coordinate services at the local level for children with
disabilities ages three to 21 under guidelines established by the state interagency
committee under section 125A.023, subdivision 4. Consistent with the requirements
in this section and section 125A.023, the governing boards of the interagency early
intervention committees deleted text begin shall deleted text end new text begin may new text end organize as a joint powers board under section 471.59
or enter into an interagency agreement that establishes a governance structure.

(b) The governing board of each interagency early intervention committee as defined
in section 125A.30, paragraph (a), which may include a juvenile justice professional, shall:

(1) identify deleted text begin and assist in removing deleted text end state and federal barriers to local coordination of
services provided to children with disabilities;

(2) deleted text begin identify adequate, equitable, and flexible use of funding by local agencies for
these services;
deleted text end

deleted text begin (3) deleted text end implement policies that ensure a comprehensive and coordinated system of
all state and local agency services, including new text begin practices on new text end multidisciplinary assessment
deleted text begin practices deleted text end , new text begin standardized written plans, dispute resolution, and system evaluation new text end for
children with disabilities ages three to 21;

deleted text begin (4) use a standardized written plan for providing services to a child with disabilities
developed under section 125A.023;
deleted text end

deleted text begin (5) access the coordinated dispute resolution system and incorporate the guidelines
for coordinating services at the local level, consistent with section 125A.023;
deleted text end

deleted text begin (6) use the evaluation process to measure the success of the local interagency effort
in improving the quality and coordination of services to children with disabilities ages
three to 21 consistent with section 125A.023;
deleted text end

deleted text begin (7) develop a transitional plan for children moving from the interagency early
childhood intervention system under sections 125A.259 to 125A.48 into the interagency
intervention service system under this section;
deleted text end

deleted text begin (8) deleted text end new text begin (3) new text end coordinate services and facilitate payment for services from public and
private institutions, agencies, and health plan companies; and

deleted text begin (9) deleted text end new text begin (4) new text end share needed information consistent with state and federal data practices
requirements.

Sec. 5.

Minnesota Statutes 2012, section 125A.027, subdivision 4, is amended to read:

Subd. 4.

Responsibilities of school and county boards.

(a) It is the joint
responsibility of school and county boards to coordinate, provide, and pay for appropriate
services, and to facilitate payment for services from public and private sources. Appropriate
service for children eligible under section 125A.02 and receiving service from two or more
public agencies of which one is the public school must be determined in consultation with
parents, physicians, and other education, medical health, and human services providers.
The services provided must be in conformity with deleted text begin an Individual Interagency Intervention
Plan (IIIP) deleted text end new text begin a standardized written plan new text end for each eligible child ages 3 to 21.

(b) Appropriate services include those services listed on a child's deleted text begin IIIP deleted text end new text begin standardized
written plan new text end . These services are those that are required to be documented on a plan under
federal and state law or rule.

(c) School and county boards shall coordinate interagency services. Service
responsibilities for eligible children, ages 3 to 21, deleted text begin shall deleted text end new text begin may new text end be established in interagency
agreements or joint powers board agreements. In addition, interagency agreements or joint
powers board agreements deleted text begin shall deleted text end new text begin may new text end be developed to establish agency responsibility that
assures that coordinated interagency services are coordinated, provided, and paid for, and
that payment is facilitated from public and private sources. School boards must provide,
pay for, and facilitate payment for special education services as required under sections
125A.03 and 125A.06. County boards must provide, pay for, and facilitate payment for
those programs over which they have service and fiscal responsibility as referenced in
section 125A.023, subdivision 3, paragraph deleted text begin (d) deleted text end new text begin (c) new text end , clause (1).

Sec. 6.

Minnesota Statutes 2012, section 125A.03, is amended to read:

125A.03 SPECIAL INSTRUCTION FOR CHILDREN WITH A DISABILITY.

(a) As defined in paragraph (b), every district must provide special instruction and
services, either within the district or in another district, for all children with a disability,
including providing required services under Code of Federal Regulations, title 34, section
300.121, paragraph (d), to those children suspended or expelled from school for more than
ten school days in that school year, who are residents of the district and who are disabled
as set forth in section 125A.02. For purposes of state and federal special education
laws, the phrase "special instruction and services" in the state Education Code means a
free and appropriate public education provided to an eligible child with disabilities deleted text begin and
includes special education and related services defined in the Individuals with Disabilities
Education Act, subpart A, section 300.24 deleted text end . new text begin "Free appropriate public education" means
special education and related services that:
new text end

new text begin (1) are provided at public expense, under public supervision and direction, and
without charge;
new text end

new text begin (2) meet the standards of the state, including the requirements of the Individuals
with Disabilities Education Act, Part B or C;
new text end

new text begin (3) include an appropriate preschool, elementary school, or secondary school
education; and
new text end

new text begin (4) are provided to children ages three through 21 in conformity with an
individualized education program that meets the requirements of the Individuals with
Disabilities Education Act, subpart A, sections 300.320 to 300.324, and provided to
infants and toddlers in conformity with an individualized family service plan that meets
the requirements of the Individuals with Disabilities Education Act, subpart A, sections
303.300 to 303.346.
new text end

(b) deleted text begin Notwithstanding any age limits in laws to the contrary, special instruction and
services must be provided from birth until July 1 after the child with a disability becomes
21 years old but shall not extend beyond secondary school or its equivalent, except as
provided in section 124D.68, subdivision 2. deleted text end Local health, education, and social service
agencies must refer children under age five who are known to need or suspected of
needing special instruction and services to the school district. Districts with less than the
minimum number of eligible children with a disability as determined by the commissioner
must cooperate with other districts to maintain a full range of programs for education
and services for children with a disability. This section does not alter the compulsory
attendance requirements of section 120A.22.

Sec. 7.

Minnesota Statutes 2012, section 125A.08, is amended to read:

125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.

(a) At the beginning of each school year, each school district shall have in effect, for
each child with a disability, an individualized education program.

(b) As defined in this section, every district must ensure the following:

(1) all students with disabilities are provided the special instruction and services
which are appropriate to their needs. Where the individualized education program team
has determined appropriate goals and objectives based on the student's needs, including
the extent to which the student can be included in the least restrictive environment,
and where there are essentially equivalent and effective instruction, related services, or
assistive technology devices available to meet the student's needs, cost to the district may
be among the factors considered by the team in choosing how to provide the appropriate
services, instruction, or devices that are to be made part of the student's individualized
education program. The individualized education program team shall consider and
may authorize services covered by medical assistance according to section 256B.0625,
subdivision 26. The student's needs and the special education instruction and services to
be provided must be agreed upon through the development of an individualized education
program. The program must address the student's need to develop skills to live and work
as independently as possible within the community. The individualized education program
team must consider positive behavioral interventions, strategies, and supports that address
behavior for children with attention deficit disorder or attention deficit hyperactivity
disorder. During grade 9, the program must address the student's needs for transition from
secondary services to postsecondary education and training, employment, community
participation, recreation, and leisure and home living. In developing the program, districts
must inform parents of the full range of transitional goals and related services that should
be considered. The program must include a statement of the needed transition services,
including a statement of the interagency responsibilities or linkages or both before
secondary services are concluded;

(2) children with a disability under age five and their families are provided special
instruction and services appropriate to the child's level of functioning and needs;

(3) children with a disability and their parents or guardians are guaranteed procedural
safeguards and the right to participate in decisions involving identification, assessment
including assistive technology assessment, and educational placement of children with a
disability;

(4) eligibility and needs of children with a disability are determined by an initial
deleted text begin assessment or reassessment deleted text end new text begin evaluation or reevaluation new text end , which may be completed using
existing data under United States Code, title 20, section 33, et seq.;

(5) to the maximum extent appropriate, children with a disability, including those
in public or private institutions or other care facilities, are educated with children who
are not disabled, and that special classes, separate schooling, or other removal of children
with a disability from the regular educational environment occurs only when and to the
extent that the nature or severity of the disability is such that education in regular classes
with the use of supplementary services cannot be achieved satisfactorily;

(6) in accordance with recognized professional standards, testing and evaluation
materials, and procedures used for the purposes of classification and placement of children
with a disability are selected and administered so as not to be racially or culturally
discriminatory; and

(7) the rights of the child are protected when the parents or guardians are not known
or not available, or the child is a ward of the state.

(c) For paraprofessionals employed to work in programs for students with
disabilities, the school board in each district shall ensure that:

(1) before or immediately upon employment, each paraprofessional develops
sufficient knowledge and skills in emergency procedures, building orientation, roles and
responsibilities, confidentiality, vulnerability, and reportability, among other things, to
begin meeting the needs of the students with whom the paraprofessional works;

(2) annual training opportunities are available to enable the paraprofessional to
continue to further develop the knowledge and skills that are specific to the students with
whom the paraprofessional works, including understanding disabilities, following lesson
plans, and implementing follow-up instructional procedures and activities; and

(3) a districtwide process obligates each paraprofessional to work under the ongoing
direction of a licensed teacher and, where appropriate and possible, the supervision of a
school nurse.

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 2013 Supplement, section 125A.0942, subdivision 2,
is amended to read:

Subd. 2.

Restrictive procedures.

(a) Restrictive procedures may be used only
by a licensed special education teacher, school social worker, school psychologist,
behavior analyst certified by the National Behavior Analyst Certification Board, a person
with a master's degree in behavior analysis, other licensed education professional,
paraprofessional under section 120B.363, or mental health professional under section
245.4871, subdivision 27, who has completed the training program under subdivision 5.

(b) A school shall make reasonable efforts to notify the parent on the same day a
restrictive procedure is used on the child, or if the school is unable to provide same-day
notice, notice is sent within two days by written or electronic means or as otherwise
indicated by the child's parent under paragraph deleted text begin (d) deleted text end new text begin (f) new text end .

(c) The district must hold a meeting of the individualized education program team,
conduct or review a functional behavioral analysis, review data, consider developing
additional or revised positive behavioral interventions and supports, consider actions to
reduce the use of restrictive procedures, and modify the individualized education program
or behavior intervention plan as appropriate. The district must hold the meeting: within
ten calendar days after district staff use restrictive procedures on two separate school
days within 30 calendar days or a pattern of use emerges and the child's individualized
education program or behavior intervention plan does not provide for using restrictive
procedures in an emergency; or at the request of a parent or the district after restrictive
procedures are used. The district must review use of restrictive procedures at a child's
annual individualized education program meeting when the child's individualized
education program provides for using restrictive procedures in an emergency.

(d) If the individualized education program team under paragraph (c) determines
that existing interventions and supports are ineffective in reducing the use of restrictive
procedures or the district uses restrictive procedures on a child on ten or more school days
during the same school year, the team, as appropriate, either must consult with other
professionals working with the child; consult with experts in behavior analysis, mental
health, communication, or autism; consult with culturally competent professionals;
review existing evaluations, resources, and successful strategies; or consider whether to
reevaluate the child.

(e) At the individualized education program meeting under paragraph (c), the team
must review any known medical or psychological limitations, including any medical
information the parent provides voluntarily, that contraindicate the use of a restrictive
procedure, consider whether to prohibit that restrictive procedure, and document any
prohibition in the individualized education program or behavior intervention plan.

(f) An individualized education program team may plan for using restrictive
procedures and may include these procedures in a child's individualized education
program or behavior intervention plan; however, the restrictive procedures may be used
only in response to behavior that constitutes an emergency, consistent with this section.
The individualized education program or behavior intervention plan shall indicate how the
parent wants to be notified when a restrictive procedure is used.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2012, section 125A.22, is amended to read:

125A.22 COMMUNITY TRANSITION INTERAGENCY COMMITTEE.

A district, group of districts, or special education cooperative, in cooperation with
the county or counties in which the district or cooperative is located, deleted text begin must deleted text end new text begin may new text end establish
a community transition interagency committee for youth with disabilities, beginning at
grade 9 or age equivalent, and their families. Members of the committee deleted text begin must consist of
deleted text end new text begin may include new text end representatives from special education, vocational and regular education,
community education, postsecondary education and training institutions, mental health,
adults with disabilities who have received transition services if such persons are available,
parents of youth with disabilities, local business or industry, rehabilitation services, county
social services, health agencies, and additional public or private adult service providers as
appropriate. deleted text begin The committee must elect a chair and must meet regularly. deleted text end The committee
deleted text begin must deleted text end new text begin may new text end :

(1) identify current services, programs, and funding sources provided within
the community for secondary and postsecondary aged youth with disabilities and their
families new text begin that prepare them for further education; employment, including integrated
competitive employment; and independent living new text end ;

(2) facilitate the development of multiagency teams to address present and future
transition needs of individual students on their individualized education programs;

(3) develop a community plan to include mission, goals, and objectives, and an
implementation plan to assure that transition needs of individuals with disabilities are met;

(4) recommend changes or improvements in the community system of transition
services; new text begin and
new text end

(5) exchange agency information such as appropriate data, effectiveness studies,
special projects, exemplary programs, and creative funding of programs deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (6) following procedures determined by the commissioner, prepare a yearly summary
assessing the progress of transition services in the community including follow-up of
individuals with disabilities who were provided transition services to determine postschool
outcomes. The summary must be disseminated to all adult services agencies involved in
the planning and to the commissioner by October 1 of each year.
deleted text end

Sec. 10.

Minnesota Statutes 2013 Supplement, section 125A.30, is amended to read:

125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.

(a) A deleted text begin school district, deleted text end group of new text begin school new text end districts deleted text begin , deleted text end or special education deleted text begin cooperative
deleted text end new text begin cooperatives new text end , in cooperation with the health and human service agencies located in
the county or counties in which the deleted text begin district deleted text end new text begin districts new text end or deleted text begin cooperative is deleted text end new text begin cooperatives are
new text end located, must establish an Interagency Early Intervention Committee for children with
disabilities under age five and their families under this section, and for children with
disabilities ages three to 22 consistent with the requirements under sections 125A.023
and 125A.027. Committees must include representatives of local health, education, and
county human service agencies, deleted text begin county boards, school boards, deleted text end early childhood family
education programs, Head Start, parents of young children with disabilities under age 12,
child care resource and referral agencies, school readiness programs, current service
providers, and agencies that serve families experiencing homelessness, and may also
include representatives from other private or public agencies and school nurses. The
committee must elect a chair from among its members and must meet at least quarterly.

(b) The committee must develop and implement interagency policies and procedures
concerning the following ongoing duties:

(1) develop public awareness systems designed to inform potential recipient families,
especially parents with premature infants, or infants with other physical risk factors
associated with learning or development complications, of available programs and services;

(2) to reduce families' need for future services, and especially parents with premature
infants, or infants with other physical risk factors associated with learning or development
complications, implement interagency child find systems designed to actively seek out,
identify, and refer infants and young children with, or at risk of, disabilities, including
a child under the age of three who: (i) is the subject of a substantiated case of abuse or
neglect or (ii) is identified as directly affected by illegal substance abuse, or withdrawal
symptoms resulting from prenatal drug exposure;

deleted text begin (3) establish and evaluate the identification, referral, screening, evaluation, child-
and family-directed assessment systems, procedural safeguard process, and community
learning systems to recommend, where necessary, alterations and improvements;
deleted text end

deleted text begin (4) assure the development of individualized family service plans for all eligible
infants and toddlers with disabilities from birth through age two, and their families,
and individualized education programs and individual service plans when necessary to
appropriately serve children with disabilities, age three and older, and their families and
recommend assignment of financial responsibilities to the appropriate agencies;
deleted text end

deleted text begin (5) deleted text end new text begin (3) new text end implement a process for assuring that services involve cooperating agencies
at all steps leading to individualized programs;

deleted text begin (6) facilitate the development of a transition plan in the individual family service
plan by the time a child is two years and nine months old;
deleted text end

deleted text begin (7) deleted text end new text begin (4) new text end identify the current services and funding being provided within the
community for children with disabilities under age five and their families; new text begin and
new text end

deleted text begin (8) deleted text end new text begin (5) new text end develop a plan for the allocation and expenditure of federal early intervention
funds under United States Code, title 20, section 1471 et seq. (Part C, Public Law 108-446)
and United States Code, title 20, section 631, et seq. (Chapter I, Public Law 89-313) deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (9) develop a policy that is consistent with section 13.05, subdivision 9, and federal
law to enable a member of an interagency early intervention committee to allow another
member access to data classified as not public.
deleted text end

(c) The local committee shall also participate in needs assessments and program
planning activities conducted by local social service, health and education agencies for
young children with disabilities and their families.

Sec. 11.

Minnesota Statutes 2012, section 127A.065, is amended to read:

127A.065 CROSS-SUBSIDY REPORT.

By deleted text begin January 10 deleted text end new text begin March 30 new text end , the commissioner of education shall submit an annual
report to the legislative committees having jurisdiction over kindergarten through grade
12 education on the amount each district is cross-subsidizing special education costs
with general education revenue.

Sec. 12.

Minnesota Statutes 2012, section 260D.06, subdivision 2, is amended to read:

Subd. 2.

Agency report to court; court review.

The agency shall obtain judicial
review by reporting to the court according to the following procedures:

(a) A written report shall be forwarded to the court within 165 days of the date of the
voluntary placement agreement. The written report shall contain or have attached:

(1) a statement of facts that necessitate the child's foster care placement;

(2) the child's name, date of birth, race, gender, and current address;

(3) the names, race, date of birth, residence, and post office addresses of the child's
parents or legal custodian;

(4) a statement regarding the child's eligibility for membership or enrollment in an
Indian tribe and the agency's compliance with applicable provisions of sections 260.751 to
260.835;

(5) the names and addresses of the foster parents or chief administrator of the facility
in which the child is placed, if the child is not in a family foster home or group home;

(6) a copy of the out-of-home placement plan required under section 260C.212,
subdivision 1;

(7) a written summary of the proceedings of any administrative review required
under section 260C.203; and

(8) any other information the agency, parent or legal custodian, the child or the foster
parent, or other residential facility wants the court to consider.

(b) In the case of a child in placement due to emotional disturbance, the written
report shall include as an attachment, the child's individual treatment plan developed by
the child's treatment professional, as provided in section 245.4871, subdivision 21, or the
child's deleted text begin individual interagency intervention deleted text end new text begin standard written new text end plan, as provided in section
125A.023, subdivision 3, paragraph deleted text begin (c) deleted text end new text begin (e) new text end .

(c) In the case of a child in placement due to developmental disability or a related
condition, the written report shall include as an attachment, the child's individual service
plan, as provided in section 256B.092, subdivision 1b; the child's individual program plan,
as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver care plan;
or the child's deleted text begin individual interagency intervention deleted text end new text begin standard written new text end plan, as provided in
section 125A.023, subdivision 3, paragraph deleted text begin (c) deleted text end new text begin (e) new text end .

(d) The agency must inform the child, age 12 or older, the child's parent, and the
foster parent or foster care facility of the reporting and court review requirements of this
section and of their right to submit information to the court:

(1) if the child or the child's parent or the foster care provider wants to send
information to the court, the agency shall advise those persons of the reporting date and the
date by which the agency must receive the information they want forwarded to the court so
the agency is timely able submit it with the agency's report required under this subdivision;

(2) the agency must also inform the child, age 12 or older, the child's parent, and
the foster care facility that they have the right to be heard in person by the court and
how to exercise that right;

(3) the agency must also inform the child, age 12 or older, the child's parent, and
the foster care provider that an in-court hearing will be held if requested by the child,
the parent, or the foster care provider; and

(4) if, at the time required for the report under this section, a child, age 12 or
older, disagrees about the foster care facility or services provided under the out-of-home
placement plan required under section 260C.212, subdivision 1, the agency shall include
information regarding the child's disagreement, and to the extent possible, the basis for the
child's disagreement in the report required under this section.

(e) After receiving the required report, the court has jurisdiction to make the
following determinations and must do so within ten days of receiving the forwarded
report, whether a hearing is requested:

(1) whether the voluntary foster care arrangement is in the child's best interests;

(2) whether the parent and agency are appropriately planning for the child; and

(3) in the case of a child age 12 or older, who disagrees with the foster care facility
or services provided under the out-of-home placement plan, whether it is appropriate to
appoint counsel and a guardian ad litem for the child using standards and procedures
under section 260C.163.

(f) Unless requested by a parent, representative of the foster care facility, or the
child, no in-court hearing is required in order for the court to make findings and issue an
order as required in paragraph (e).

(g) If the court finds the voluntary foster care arrangement is in the child's best
interests and that the agency and parent are appropriately planning for the child, the
court shall issue an order containing explicit, individualized findings to support its
determination. The individualized findings shall be based on the agency's written report
and other materials submitted to the court. The court may make this determination
notwithstanding the child's disagreement, if any, reported under paragraph (d).

(h) The court shall send a copy of the order to the county attorney, the agency,
parent, child, age 12 or older, and the foster parent or foster care facility.

(i) The court shall also send the parent, the child, age 12 or older, the foster parent, or
representative of the foster care facility notice of the permanency review hearing required
under section 260D.07, paragraph (e).

(j) If the court finds continuing the voluntary foster care arrangement is not in the
child's best interests or that the agency or the parent are not appropriately planning for the
child, the court shall notify the agency, the parent, the foster parent or foster care facility,
the child, age 12 or older, and the county attorney of the court's determinations and the
basis for the court's determinations. In this case, the court shall set the matter for hearing
and appoint a guardian ad litem for the child under section 260C.163, subdivision 5.

Sec. 13.

Minnesota Statutes 2013 Supplement, section 626.556, subdivision 2, is
amended to read:

Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care,
and in the case of sexual abuse includes a person who has a significant relationship to the
child as defined in section 609.341, or a person in a position of authority as defined in
section 609.341, who by act or omission commits or attempts to commit an act against a
child under their care that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) criminal sexual conduct under sections 609.342 to 609.3451;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.503, subdivision 2.

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse which includes the status of a parent or household member
who has committed a violation which requires registration as an offender under section
243.166, subdivision 1b, paragraph (a) or (b), or required registration under section
243.166, subdivision 1b, paragraph (a) or (b).

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance, or the
presence of a fetal alcohol spectrum disorder;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section deleted text begin 121A.67 deleted text end new text begin 125A.0942 new text end or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as
allowed by section 121A.582. Actions which are not reasonable and moderate include,
but are not limited to, any of the following that are done in anger or without regard to the
safety of the child:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the
child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.

(i) "Facility" means:

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245D;

(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or

(3) a nonlicensed personal care provider organization as defined in sections 256B.04,
subdivision 16, and 256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
(b), clause (4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent
legal and physical custody of a child to a relative under Minnesota Statutes 2010, section
260C.201, subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a
similar law of another jurisdiction.

A child is the subject of a report of threatened injury when the responsible social
services agency receives birth match data under paragraph (o) from the Department of
Human Services.

(o) Upon receiving data under section 144.225, subdivision 2b, contained in a
birth record or recognition of parentage identifying a child who is subject to threatened
injury under paragraph (n), the Department of Human Services shall send the data to the
responsible social services agency. The data is known as "birth match" data. Unless the
responsible social services agency has already begun an investigation or assessment of the
report due to the birth of the child or execution of the recognition of parentage and the
parent's previous history with child protection, the agency shall accept the birth match
data as a report under this section. The agency may use either a family assessment or
investigation to determine whether the child is safe. All of the provisions of this section
apply. If the child is determined to be safe, the agency shall consult with the county
attorney to determine the appropriateness of filing a petition alleging the child is in need
of protection or services under section 260C.007, subdivision 6, clause (16), in order to
deliver needed services. If the child is determined not to be safe, the agency and the county
attorney shall take appropriate action as required under section 260C.503, subdivision 2.

(p) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.

(q) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
occurrence or event which:

(1) is not likely to occur and could not have been prevented by exercise of due
care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance
with the laws and rules relevant to the occurrence or event.

(r) "Nonmaltreatment mistake" means:

(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;

(2) the individual has not been determined responsible for a similar incident that
resulted in a finding of maltreatment for at least seven years;

(3) the individual has not been determined to have committed a similar
nonmaltreatment mistake under this paragraph for at least four years;

(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and

(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.

This definition only applies to child care centers licensed under Minnesota
Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of
substantiated maltreatment by the individual, the commissioner of human services shall
determine that a nonmaltreatment mistake was made by the individual.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14. new text begin RULEMAKING AUTHORITY; SPECIAL EDUCATION TASK FORCE
RECOMMENDATIONS.
new text end

new text begin The commissioner of education must use the expedited rulemaking process under
Minnesota Statutes, section 14.389, to make the rule changes recommended by the
Special Education Case Load and Rule Alignment Task Force in its 2014 report entitled
"Recommendations for Special Education Case Load and Rule Alignment" submitted
to the legislature on February 15, 2014.
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. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 125A.027, subdivision 3, new text end new text begin is repealed.
new text end

ARTICLE 4

NUTRITION

Section 1.

Minnesota Statutes 2012, section 124D.111, subdivision 3, is amended to
read:

Subd. 3.

School food service fund.

(a) The expenses described in this subdivision
must be recorded as provided in this subdivision.

(b) In each district, the expenses for a school food service program for pupils must
be attributed to a school food service fund. Under a food service program, the school
food service may prepare or serve milk, meals, or snacks in connection with school or
community service activities.

(c) Revenues and expenditures for food service activities must be recorded in the
food service fund. The costs of processing applications, accounting for meals, preparing
and serving food, providing kitchen custodial services, and other expenses involving the
preparing of meals or the kitchen section of the lunchroom may be charged to the food
service fund or to the general fund of the district. The costs of lunchroom supervision,
lunchroom custodial services, lunchroom utilities, and other administrative costs of the
food service program must be charged to the general fund.

That portion of superintendent and fiscal manager costs that can be documented as
attributable to the food service program may be charged to the food service fund provided
that the school district does not employ or contract with a food service director or other
individual who manages the food service program, or food service management company.
If the cost of the superintendent or fiscal manager is charged to the food service fund,
the charge must be at a wage rate not to exceed the statewide average for food service
directors as determined by the department.

(d) Capital expenditures for the purchase of food service equipment must be made
from the general fund and not the food service fund, unless the deleted text begin unreserved deleted text end new text begin restricted
new text end balance in the food service fund at the end of the last fiscal year is greater than the cost of
the equipment to be purchased.

(e) If the condition set out in paragraph (d) applies, the equipment may be purchased
from the food service fund.

(f) If a deficit in the food service fund exists at the end of a fiscal year, and the deficit
is not eliminated by revenues from food service operations in the next fiscal year, then the
deficit must be eliminated by a permanent fund transfer from the general fund at the end of
that second fiscal year. However, if a district contracts with a food service management
company during the period in which the deficit has accrued, the deficit must be eliminated
by a payment from the food service management company.

(g) Notwithstanding paragraph (f), a district may incur a deficit in the food service
fund for up to three years without making the permanent transfer if the district submits
to the commissioner by January 1 of the second fiscal year a plan for eliminating that
deficit at the end of the third fiscal year.

(h) If a surplus in the food service fund exists at the end of a fiscal year for three
successive years, a district may recode for that fiscal year the costs of lunchroom
supervision, lunchroom custodial services, lunchroom utilities, and other administrative
costs of the food service program charged to the general fund according to paragraph (c)
and charge those costs to the food service fund in a total amount not to exceed the amount
of surplus in the food service fund.

Sec. 2.

new text begin [124D.1191] DONATIONS TO FOOD SHELF PROGRAMS.
new text end

new text begin Schools and community organizations participating in any federal child nutrition
meal program may donate unused food to food shelf programs, provided that the food shelf:
new text end

new text begin (1) is a nonprofit corporation or is affiliated with a nonprofit corporation, as defined
in section 501(c)(3) of the Internal Revenue Code of 1986;
new text end

new text begin (2) distributes food without charge to needy individuals;
new text end

new text begin (3) does not limit food distributions to individuals of a particular religious affiliation,
race, or other criteria unrelated to need; and
new text end

new text begin (4) has a stable address and directly serves individuals.
new text end

ARTICLE 5

EARLY CHILDHOOD EDUCATION, SELF-SUFFICIENCY, AND
LIFELONG LEARNING

Section 1.

Minnesota Statutes 2012, section 123A.06, subdivision 2, is amended to read:

Subd. 2.

People to be served.

A state-approved alternative program shall provide
programs for secondary pupils deleted text begin and adults deleted text end . A center may also provide programs and
services for elementary and secondary pupils who are not attending the state-approved
alternative program to assist them in being successful in school. A center shall use
research-based best practices for serving English learners and their parents. An
individualized education program team may identify a state-approved alternative program
as an appropriate placement to the extent a state-approved alternative program can provide
the student with the appropriate special education services described in the student's plan.
Pupils eligible to be served are those who qualify under the graduation incentives program
in section 124D.68, subdivision 2, those enrolled under section 124D.02, subdivision
2, or those pupils who are eligible to receive special education services under sections
125A.03 to 125A.24, and 125A.65.

Sec. 2.

Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 2, is
amended to read:

Subd. 2.

Family eligibility.

(a) For a family to receive an early deleted text begin childhood education
deleted text end new text begin learning new text end scholarship, parents or guardians must meet the following eligibility requirements:

(1) have a child three or four years of age on September 1 of the current new text begin school new text end year,
who has not yet started kindergarten; and

(2) have income equal to or less than 185 percent of federal poverty level income
in the current calendar year, or be able to document their child's current participation in
the free and reduced-price lunch program or child and adult care food program, National
School Lunch Act, United States Code, title 42, sections 1751 and 1766; new text begin the Food
Distribution Program on Indian Reservations, Food and Nutrition Act, United States
Code, title 7, sections 2011-2036; new text end Head Start under the federal Improving Head Start for
School Readiness Act of 2007; Minnesota family investment program under chapter 256J;
child care assistance programs under chapter 119B; the supplemental nutrition assistance
program; or placement in foster care under section 260C.212.

(b) Notwithstanding the other provisions of this section, a parent under age 21 who
is pursuing a high school or general education equivalency diploma is eligible for an early
learning scholarship if the parent has a child age zero to five years old and meets the
income eligibility guidelines in this subdivision.

(c) Any siblings between the ages zero to five years old of a child who has been
awarded a scholarship under this section must be awarded a scholarship upon request,
provided the sibling attends the same program new text begin as long as funds are available new text end .

(d) A child who has received a scholarship under this section must continue to
receive a scholarship each year until that child is eligible for kindergarten under section
120A.20 new text begin and as long as funds are available new text end .

(e) Early learning scholarships may not be counted as earned income for the
purposes of medical assistance under chapter 256B, MinnesotaCare under chapter 256L,
Minnesota family investment program under chapter 256J, child care assistance programs
under chapter 119B, or Head Start under the federal Improving Head Start for School
Readiness Act of 2007.

Sec. 3.

Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 4, is
amended to read:

Subd. 4.

Early childhood program eligibility.

(a) In order to be eligible to accept
an early deleted text begin childhood education deleted text end new text begin learning new text end scholarship, a program must:

(1) participate in the quality rating and improvement system under section
124D.142; and

(2) beginning July 1, 2016, have a three- or four-star rating in the quality rating
and improvement system.

(b) Any program accepting scholarships must use the revenue to supplement and not
supplant federal funding.

Sec. 4.

Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 5, is
amended to read:

Subd. 5.

Report required.

The commissioner shall contract with an independent
contractor to evaluate the early learning scholarship program. The evaluation must
include recommendations regarding the appropriate scholarship amount, efficiency, and
effectiveness of the administration, and impact on kindergarten readiness new text begin and student
outcomes by program setting, including Head Start programs, school-based prekindergarten
and preschool programs, and other early education and child care programs. The report
must also include the number of scholarship recipients in school-based, home-based,
and center-based programs as well as a geographic summary of scholarship recipients
by county. By January 15, 2016, the commissioner shall submit a written copy of the
evaluation to the chairs and ranking minority members of the legislative committees and
divisions with primary jurisdiction over kindergarten through grade 12 education new text end .

ARTICLE 6

LIBRARIES

Section 1.

Minnesota Statutes 2012, section 134.355, subdivision 8, is amended to read:

Subd. 8.

Eligibility.

A regional public library system may apply for regional library
telecommunications aid. The aid must be used for data and video access maintenance,
equipment, or installation of telecommunication lines. To be eligible, a regional public
library system must be officially designated by the commissioner of education as a
regional public library system as defined in section 134.34, subdivision 3, and each of its
participating cities and counties must meet local support levels defined in section 134.34,
subdivision 1. A public library building that receives aid under this section must be open a
minimum of 20 hours per week. new text begin Exceptions to the minimum open hours requirement may
be granted by the Department of Education on request of the regional public library system
for the following circumstances: short-term closing for emergency maintenance and
repairs following a natural disaster; in response to exceptional economic circumstances;
building repair or maintenance that requires public services areas to be closed; or to adjust
hours of public service to respond to documented seasonal use patterns.
new text end

ARTICLE 7

ENGLISH LEARNERS

Section 1.

Minnesota Statutes 2012, section 119A.50, subdivision 3, is amended to read:

Subd. 3.

Early childhood literacy programs.

(a) A research-based early childhood
literacy program premised on actively involved parents, ongoing professional staff
development, and high quality early literacy program standards is established to increase
the literacy skills of children participating in Head Start to prepare them to be successful
readers and to increase families' participation in providing early literacy experiences to
their children. Program providers must:

(1) work to prepare children to be successful learners;

(2) work to close the achievement gap for at-risk children;

(3) use deleted text begin an deleted text end new text begin a culturally relevant new text end integrated approach to early literacy that daily offers
a literacy-rich classroom learning environment composed of books, writing materials,
writing centers, labels, rhyming, and other related literacy materials and opportunities;

(4) support children's home language while helping the children master English and
use multiple literacy strategies to provide a cultural bridge between home and school;

(5) use literacy mentors, ongoing literacy groups, and other teachers and staff to
provide appropriate, extensive professional development opportunities in early literacy
and classroom strategies for preschool teachers and other preschool staff;

(6) use ongoing data-based assessments that enable preschool teachers to understand,
plan, and implement literacy strategies, activities, and curriculum that meet children's
literacy needs and continuously improve children's literacy; deleted text begin and
deleted text end

(7) foster participation by parents, community stakeholders, literacy advisors, and
evaluation specialists new text begin ; and
new text end

new text begin (8) provide parents of English learners with oral and written information to monitor
the program's impact on their children's English language development, to know whether
their children are progressing in developing their English proficiency and, where
practicable, their native language proficiency, and to actively engage with their children in
developing their English and native language proficiency new text end .

Program providers are encouraged to collaborate with qualified, community-based
early childhood providers in implementing this program and to seek nonstate funds to
supplement the program.

(b) Program providers under paragraph (a) interested in extending literacy programs
to children in kindergarten through grade 3 may elect to form a partnership with an
eligible organization under section 124D.38, subdivision 2, or 124D.42, subdivision 6,
clause (3), schools enrolling children in kindergarten through grade 3, and other interested
and qualified community-based entities to provide ongoing literacy programs that offer
seamless literacy instruction focused on closing the literacy achievement gap. To close the
literacy achievement gap by the end of third grade, partnership members must agree to use
best efforts and practices and to work collaboratively to implement a seamless literacy
model from age three to grade 3, consistent with paragraph (a). Literacy programs under
this paragraph must collect and use literacy data to:

(1) evaluate children's literacy skills; deleted text begin and
deleted text end

(2) new text begin monitor the progress and provide reading instruction appropriate to the specific
needs of English learners; and
new text end

new text begin (3) new text end formulate specific intervention strategies to provide reading instruction to
children premised on the outcomes of formative and summative assessments and
research-based indicators of literacy development.

The literacy programs under this paragraph also must train teachers and other
providers working with children to use the assessment outcomes under clause (2) to
develop and use effective, long-term literacy coaching models that are specific to the
program providers.

Sec. 2.

Minnesota Statutes 2013 Supplement, section 120B.11, is amended to read:

120B.11 SCHOOL DISTRICT PROCESS FOR REVIEWING CURRICULUM,
INSTRUCTION, AND STUDENT ACHIEVEMENT; STRIVING FOR THE
WORLD'S BEST WORKFORCE.

Subdivision 1.

Definitions.

For the purposes of this section and section 120B.10,
the following terms have the meanings given them.

(a) "Instruction" means methods of providing learning experiences that enable deleted text begin a
student deleted text end new text begin students new text end to meet state and district academic standards and graduation requirements new text begin ,
including providing English learners with appropriate, full, effective, and meaningful
access to regular classroom instruction in core curriculum new text end .

(b) "Curriculum" means district or school adopted programs and written plans for
providing students with learning experiences that lead to expected knowledge and skills
and career and college readiness.

(c) "World's best workforce" means striving to: meet school readiness goals; have
all third grade students achieve grade-level literacy; close the academic achievement gap
among all racial and ethnic groups of students and between students living in poverty and
students not living in poverty; new text begin ensure all English learners have the appropriate English
learner instruction and content area support to achieve academic language proficiency,
including oral academic language proficiency, in English and are taught the same state
and local academic standards as native English-speaking students; new text end have all students attain
career and college readiness before graduating from high school; and have all students
graduate from high school.

new text begin (d) "Cultural competence," "cultural competency," or "culturally competent"
means the ability and will to interact effectively with people of different cultures, native
languages, and socioeconomic backgrounds.
new text end

Subd. 1a.

Performance measures.

new text begin (a) new text end Measures to determine school district and
school site progress in striving to create the world's best workforce must include at least:

(1) student performance on the National deleted text begin Association deleted text end new text begin Assessment new text end of Education
Progress;

(2) the size of the academic achievement gap new text begin and rigorous course taking and
enrichment experiences new text end by student subgroup;

(3) student performance on the Minnesota Comprehensive Assessments;

(4) high school graduation rates; deleted text begin and
deleted text end

(5) career and college readiness under section 120B.30, subdivision 1 new text begin ; and
new text end

new text begin (6) the English language development and academic progress, including the oral
academic development, of English learners and their native language development if the
native language is used as a language of instruction new text end .

new text begin (b) When administering formative or summative assessments used to measure
the academic progress, including the oral academic development, of English learners
and inform their instruction, schools must ensure that the assessments are accessible to
the students and students have the modifications and supports they need to sufficiently
understand the assessments.
new text end

Subd. 2.

Adopting plans and budgets.

A school board, at a public meeting, shall
adopt a comprehensive, long-term strategic plan to support and improve teaching and
learning that is aligned with creating the world's best workforce and includes:

(1) clearly defined district and school site goals and benchmarks for instruction and
student achievement for all student subgroups identified in section 120B.35, subdivision 3,
paragraph (b), clause (2);

(2) a process for assessing and evaluating each student's progress toward meeting state
and local academic standards and identifying the strengths and weaknesses of instruction
in pursuit of student and school success and curriculum affecting students' progress and
growth toward career and college readiness and leading to the world's best workforce;

(3) a system to periodically review and evaluate the effectiveness of all instruction
and curriculum, taking into account strategies and best practices, student outcomes, school
principal evaluations under section 123B.147, subdivision 3, and teacher evaluations
under section 122A.40, subdivision 8, or 122A.41, subdivision 5;

(4) strategies for improving instruction, curriculum, and student achievement new text begin ,
including the English and, where practicable, the native language development and the
academic achievement of English learners new text end ;

(5) education effectiveness practices that integrate high-quality instruction, rigorous
curriculum, technology, and a collaborative professional culture that develops and
supports teacher quality, performance, and effectiveness; and

(6) an annual budget for continuing to implement the district plan.

Subd. 3.

District advisory committee.

Each school board shall establish an
advisory committee to ensure active community participation in all phases of planning and
improving the instruction and curriculum affecting state and district academic standards,
consistent with subdivision 2. A district advisory committee, to the extent possible,
shall reflect the diversity of the district and its school sites, deleted text begin and shall deleted text end include teachers,
parents, support staff, students, and other community residents new text begin , and provide translation
to the extent appropriate and practicable new text end . new text begin The district advisory committee shall pursue
community support to accelerate the academic and native literacy and achievement of
English learners with varied needs, from young children to adults, consistent with section
124D.59, subdivisions 2 and 2a. new text end The district may establish site teams as subcommittees
of the district advisory committee under subdivision 4. The district advisory committee
shall recommend to the school board rigorous academic standards, student achievement
goals and measures consistent with subdivision 1a and sections 120B.022, subdivision
1, paragraphs (b) and (c), and 120B.35, district assessments, and program evaluations.
School sites may expand upon district evaluations of instruction, curriculum, assessments,
or programs. Whenever possible, parents and other community residents shall comprise at
least two-thirds of advisory committee members.

Subd. 4.

Site team.

A school may establish a site team to develop and implement
strategies and education effectiveness practices to improve instruction, curriculum,
new text begin cultural competencies, including cultural awareness and cross-cultural communication,
new text end and student achievement at the school site, consistent with subdivision 2. The team advises
the board and the advisory committee about developing the annual budget and revising an
instruction and curriculum improvement plan that aligns curriculum, assessment of student
progress, and growth in meeting state and district academic standards and instruction.

Subd. 5.

Report.

Consistent with requirements for school performance reports
under section 120B.36, subdivision 1, the school board shall publish a report in the local
newspaper with the largest circulation in the district, by mail, or by electronic means on
the district Web site. The school board shall hold an annual public meeting to review,
and revise where appropriate, student achievement goals, local assessment outcomes,
plans, strategies, and practices for improving curriculum and instruction new text begin and cultural
responsiveness, including cultural awareness and cross-cultural communication new text end , and to
review district success in realizing the previously adopted student achievement goals and
related benchmarks and the improvement plans leading to the world's best workforce. The
school board must transmit an electronic summary of its report to the commissioner in the
form and manner the commissioner determines.

Subd. 7.

Periodic report.

Each school district shall periodically survey affected
constituencies new text begin , in their native languages where appropriate, new text end about their connection to and
level of satisfaction with school. The district shall include the results of this evaluation in
the summary report required under subdivision 5.

Subd. 9.

Annual evaluation.

(a) The commissioner must identify effective
strategies, practices, and use of resources by districts and school sites in striving for the
world's best workforce. The commissioner must assist districts and sites throughout the
state in implementing these effective strategies, practices, and use of resources.

(b) The commissioner must identify those districts in any consecutive three-year
period not making sufficient progress toward improving teaching and learning new text begin for all
students, including English learners with varied needs, consistent with section 124D.59,
subdivisions 2 and 2a, new text end and striving for the world's best workforce. The commissioner, in
collaboration with the identified district, may require the district to use up to two percent
of its basic general education revenue per fiscal year during the proximate three school
years to implement commissioner-specified strategies and practices, consistent with
paragraph (a), to improve and accelerate its progress in realizing its goals under this
section. In implementing this section, the commissioner must consider districts' budget
constraints and legal obligations.

Sec. 3.

Minnesota Statutes 2013 Supplement, section 120B.115, is amended to read:

120B.115 REGIONAL CENTERS OF EXCELLENCE.

(a) Regional centers of excellence are established to assist and support school
boards, school districts, school sites, and charter schools in implementing research-based
interventions and practices to increase the students' achievement within a region.
The centers must develop partnerships with local and regional service cooperatives,
postsecondary institutions, integrated school districts, the department, children's mental
health providers, or other local or regional entities interested in providing a cohesive
and consistent regional delivery system that serves all schools equitably. Centers must
assist school districts, school sites, and charter schools in developing similar partnerships.
Center support may include assisting school districts, school sites, and charter schools
with common principles of effective practice, including:

(1) defining measurable education goals under section 120B.11, subdivision 2;

(2) implementing evidence-based practices;

(3) engaging in data-driven decision-making;

(4) providing multilayered levels of support;

(5) supporting culturally responsive teaching and learning aligning new text begin the development
of academic English proficiency, new text end state and local academic standards new text begin , new text end and career and
college readiness benchmarks; deleted text begin and
deleted text end

(6) engaging parents, families, youth, and local community members in programs
and activities at the school district, school site, or charter school new text begin that foster collaboration
and shared accountability for the achievement of all students; and
new text end

new text begin (7) translating district forms and other information such as a multilingual glossary of
commonly used education terms and phrases new text end .

Centers must work with school site leadership teams to build deleted text begin capacity deleted text end new text begin the expertise and
experience new text end to implement programs that close the achievement gap, new text begin provide effective and
differentiated programs and instruction for different types of English learners, including
English learners with limited or interrupted formal schooling and long-term English
learners under section 124D.59, subdivisions 2 and 2a, new text end increase students' progress and
growth toward career and college readiness, and increase student graduation rates.

(b) The department must assist the regional centers of excellence to meet staff,
facilities, and technical needs, provide the centers with programmatic support, and work
with the centers to establish a coherent statewide system of regional support, including
consulting, training, and technical support, to help school boards, school districts, school
sites, and charter schools effectively and efficiently implement the world's best workforce
goals under section 120B.11 and other state and federal education initiatives.

Sec. 4.

Minnesota Statutes 2012, 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 new text begin , including English learners, new text end and that
teachers provide comprehensive, scientifically based reading instruction consistent with
section 122A.06, subdivision 4.

Subd. 2.

Identification; report.

For the 2011-2012 school year and later, 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. Reading
assessments new text begin in English, and in the predominant languages of district students where
practicable, new text end must identify and evaluate students' areas of academic need related to literacy.
new text begin The district also must monitor the progress and provide reading instruction appropriate
to the specific needs of English learners. new text end The district must use a locally adopted new text begin ,
developmentally appropriate, and culturally responsive new text end assessment and annually report
summary assessment results to the commissioner by July 1.

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) student's reading proficiency as measured by a locally adopted assessment;

(2) reading-related services currently being provided to the student; and

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

Subd. 3.

Intervention.

For each student identified under subdivision 2, the district
shall provide reading intervention to accelerate student growth deleted text begin in order to deleted text end new text begin and new text end reach the
goal of reading at or above grade level by the end of the current grade and school year.
District intervention methods shall encourage deleted text begin parental involvement deleted text end new text begin family engagement
new text end and, where possible, collaboration with appropriate school and community programs.
Intervention methods 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 deleted text begin or deleted text end new text begin , new text end extended-day programs new text begin , or programs
that strengthen students' cultural connections 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 new text begin and oral language new text end instruction in the five reading areas of phonemic awareness,
phonics, fluency, vocabulary, and comprehension as defined in section 122A.06,
subdivision 4, new text begin and other literacy-related areas including writing new text end until the student achieves
grade-level reading proficiency;

(2) elementary teachers have sufficient training to provide comprehensive,
scientifically based reading new text begin and oral language new text end instruction new text begin that meets students'
developmental, linguistic, and literacy needs new text end 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 new text begin and writing new text end instruction; deleted text begin and
deleted text end

(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 new text begin 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
new text end

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

Subd. 4a.

Local literacy plan.

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 new text begin , including English learners new text end . The plan must include a process to assess
students' level of reading proficiency, notify and involve parents, intervene with students
who are not reading at or above grade level, and identify and meet staff development
needs. 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.

Sec. 5.

Minnesota Statutes 2013 Supplement, section 120B.125, is amended to read:

120B.125 PLANNING FOR STUDENTS' SUCCESSFUL TRANSITION
TO POSTSECONDARY EDUCATION AND EMPLOYMENT; INVOLUNTARY
CAREER TRACKING PROHIBITED.

(a) Consistent with sections 120B.128, 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 college and career interests and aspirations and develop
a plan for a smooth and successful transition to postsecondary education or employment.
All students' plans must be designed to:

(1) provide a comprehensive academic plan for completing a college and
career-ready curriculum premised on meeting state and local academic standards
and developing 21st century skills such as team work, collaboration, new text begin creativity,
communication, critical thinking, new text end and good work habits;

(2) emphasize academic rigor and high expectations;

(3) help students identify personal learning styles that may affect their postsecondary
education and employment choices;

(4) help students gain access to postsecondary education and career options;

(5) integrate strong academic content into career-focused courses and integrate
relevant career-focused courses into strong academic content;

(6) help students and families identify and gain access to 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;

(7) help students and families identify collaborative partnerships of deleted text begin kindergarten
deleted text end new text begin prekindergarten new text end through grade 12 schools, postsecondary institutions, economic
development agencies, and employers that support students' transition to postsecondary
education and employment and provide students with experiential learning opportunities;
and

(8) 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 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 a career, career interest, employment goals, or related job training.

new text begin (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.
new text end

Sec. 6.

Minnesota Statutes 2013 Supplement, section 120B.35, subdivision 3, is
amended to read:

Subd. 3.

State growth target; other state measures.

(a) 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.

(b) The commissioner, in consultation with a stakeholder group that includes
assessment and evaluation directors deleted text begin and deleted text end new text begin , district new text end staff new text begin , experts in culturally responsive
teaching, new text end and researchers new text begin , new text end 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
growth data using the nine student categories identified under the federal 2001 No Child
Left Behind Act and two student gender categories of male and female, respectively,
following appropriate reporting practices to protect nonpublic student data.

The commissioner must report measures of student growth, consistent with this
paragraph.

(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 nine student categories
identified under the federal 2001 No Child Left Behind Act and two student gender
categories of male and female, respectively, following appropriate reporting practices to
protect nonpublic student data.

(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. 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.

new text begin (f) The commissioner, in consultation with recognized experts with knowledge and
experience in assessing the language proficiency and academic performance of English
learners, 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 end

Sec. 7.

Minnesota Statutes 2013 Supplement, section 120B.36, subdivision 1, is
amended to read:

Subdivision 1.

School performance reports.

(a) The commissioner shall report
student academic performance under section 120B.35, subdivision 2; the percentages of
students showing low, medium, and high growth under section 120B.35, subdivision
3, paragraph (b); school safety and student engagement and connection under section
120B.35, subdivision 3, paragraph (d); rigorous coursework under section 120B.35,
subdivision 3, paragraph (c); the percentage of students under section 120B.35,
subdivision 3, paragraph (b), clause (2), whose progress and performance levels are
meeting career and college readiness benchmarks under sections 120B.30, subdivision 1,
and 120B.35, subdivision 3, paragraph (e); longitudinal data on the progress of eligible
districts in reducing disparities in students' academic achievement and realizing racial and
economic integration under section 124D.861; new text begin the acquisition of English, and where
practicable, native language academic literacy, including oral academic language, and
the academic progress of English learners under section 124D.59, subdivisions 2 and
2a; new text end two separate student-to-teacher ratios that clearly indicate the definition of teacher
consistent with sections 122A.06 and 122A.15 for purposes of determining these ratios;
staff characteristics excluding salaries; student enrollment demographics; district mobility;
and extracurricular activities. The report also must indicate a school's adequate yearly
progress status under applicable federal law, and must not set any designations applicable
to high- and low-performing schools due solely to adequate yearly progress status.

(b) The commissioner shall develop, annually update, and post on the department
Web site school performance reports.

(c) The commissioner must make available performance reports by the beginning
of each school year.

(d) A school or district may appeal its adequate yearly progress status in writing to
the commissioner within 30 days of receiving the notice of its status. The commissioner's
decision to uphold or deny an appeal is final.

(e) School performance data are nonpublic data under section 13.02, subdivision 9,
until the commissioner publicly releases the data. The commissioner shall annually post
school performance reports to the department's public Web site no later than September 1,
except that in years when the reports reflect new performance standards, the commissioner
shall post the school performance reports no later than October 1.

Sec. 8.

Minnesota Statutes 2012, section 122A.06, subdivision 4, is amended to read:

Subd. 4.

Comprehensive, scientifically based reading instruction.

(a)
"Comprehensive, scientifically based reading instruction" includes a program or collection
of instructional practices that is based on valid, replicable evidence showing that when
these programs or practices are used, students can be expected to achieve, at a minimum,
satisfactory reading progress. The program or collection of practices must include, at a
minimum, effective, balanced instruction in all five areas of reading: phonemic awareness,
phonics, fluency, vocabulary development, and reading comprehension.

Comprehensive, scientifically based reading instruction also includes and integrates
instructional strategies for continuously assessing, evaluating, and communicating
the student's reading progress and needs in order to design and implement ongoing
interventions so that students of all ages and proficiency levels can read and comprehend
text new text begin , write, new text end and apply higher level thinking skills. new text begin For English learners developing literacy
skills, districts are encouraged to use strategies that teach reading and writing in the
students' native language and English at the same time.
new text end

(b) "Fluency" is the ability of students to read text with speed, accuracy, and proper
expression.

(c) "Phonemic awareness" is the ability of students to notice, think about, and
manipulate individual sounds in spoken syllables and words.

(d) "Phonics" is the understanding that there are systematic and predictable
relationships between written letters and spoken words. Phonics instruction is a way
of teaching reading that stresses learning how letters correspond to sounds and how to
apply this knowledge in reading and spelling.

(e) "Reading comprehension" is an active process that requires intentional thinking
during which meaning is constructed through interactions between text and reader.
Comprehension skills are taught explicitly by demonstrating, explaining, modeling, and
implementing specific cognitive strategies to help beginning readers derive meaning
through intentional, problem-solving thinking processes.

(f) "Vocabulary development" is the process of teaching vocabulary both directly
and indirectly, with repetition and multiple exposures to vocabulary items. Learning in
rich contexts, incidental learning, and use of computer technology enhance the acquiring
of vocabulary.

(g) Nothing in this subdivision limits the authority of a school district to select a
school's reading program or curriculum.

Sec. 9.

Minnesota Statutes 2013 Supplement, section 122A.09, subdivision 4, is
amended to read:

Subd. 4.

License and rules.

(a) The board must adopt rules to license public school
teachers and interns subject to chapter 14.

(b) The board must adopt rules requiring a person to pass a skills examination in
reading, writing, and mathematics as a requirement for initial teacher licensure, except
that the board may issue up to two additional temporary, one-year teaching licenses to an
otherwise qualified candidate who has not yet passed the skills exam. Such rules must
require college and universities offering a board-approved teacher preparation program to
provide remedial assistance to persons who did not achieve a qualifying score on the skills
examination, including those for whom English is a second language.

(c) The board must adopt rules to approve teacher preparation programs. The board,
upon the request of a postsecondary student preparing for teacher licensure or a licensed
graduate of a teacher preparation program, shall assist in resolving a dispute between the
person and a postsecondary institution providing a teacher preparation program when the
dispute involves an institution's recommendation for licensure affecting the person or the
person's credentials. At the board's discretion, assistance may include the application
of chapter 14.

(d) The board must provide the leadership and adopt rules for the redesign of teacher
education programs to implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective. The board shall implement new
systems of teacher preparation program evaluation to assure program effectiveness based
on proficiency of graduates in demonstrating attainment of program outcomes. Teacher
preparation programs including alternative teacher preparation programs under section
122A.245, among other programs, must include a content-specific, board-approved,
performance-based assessment that measures teacher candidates in three areas: planning
for instruction and assessment; engaging students and supporting learning; and assessing
student learning.

(e) The board must adopt rules requiring candidates for initial licenses to pass an
examination of general pedagogical knowledge and examinations of licensure-specific
teaching skills. The rules shall be effective by September 1, 2001. The rules under this
paragraph also must require candidates for initial licenses to teach prekindergarten or
elementary students to pass, as part of the examination of licensure-specific teaching
skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive,
scientifically based reading instruction under section 122A.06, subdivision 4, and their
knowledge and understanding of the foundations of reading development, the development
of reading comprehension, and reading assessment and instruction, and their ability to
integrate that knowledge and understanding.

(f) The board must adopt rules requiring teacher educators to work directly with
elementary or secondary school teachers in elementary or secondary schools to obtain
periodic exposure to the elementary or secondary teaching environment.

(g) The board must grant licenses to interns and to candidates for initial licenses
based on appropriate professional competencies that are aligned with the board's licensing
system and students' diverse learning needs. new text begin All teacher candidates must have preparation
in English language development and content instruction for English learners in order to be
able to effectively instruct the English learners in their classrooms. new text end The board must include
these licenses in a statewide differentiated licensing system that creates new leadership
roles for successful experienced teachers premised on a collaborative professional culture
dedicated to meeting students' diverse learning needs in the 21st century new text begin , recognizes the
importance of cultural and linguistic competencies, including the ability to teach and
communicate in culturally competent and aware ways, new text end and formalizes mentoring and
induction for newly licensed teachers deleted text begin that is deleted text end provided through a teacher support framework.

(h) The board must design and implement an assessment system which requires a
candidate for an initial license and first continuing license to demonstrate the abilities
necessary to perform selected, representative teaching tasks at appropriate levels.

(i) The board must receive recommendations from local committees as established
by the board for the renewal of teaching licenses. new text begin The board must require licensed teachers
who are renewing a continuing license to include in the renewal requirements further
preparation in English language development and specially designed content instruction
in English for English learners.
new text end

(j) The board must grant life licenses to those who qualify according to requirements
established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and
214.10. The board must not establish any expiration date for application for life licenses.

(k) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation in
the areas of using positive behavior interventions and in accommodating, modifying, and
adapting curricula, materials, and strategies to appropriately meet the needs of individual
students and ensure adequate progress toward the state's graduation rule.

(l) In adopting rules to license public school teachers who provide health-related
services for disabled children, the board shall adopt rules consistent with license or
registration requirements of the commissioner of health and the health-related boards who
license personnel who perform similar services outside of the school.

(m) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further reading
preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect
until they are approved by law. Teachers who do not provide direct instruction including, at
least, counselors, school psychologists, school nurses, school social workers, audiovisual
directors and coordinators, and recreation personnel are exempt from this section.

(n) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation,
first, in understanding the key warning signs of early-onset mental illness in children
and adolescents and then, during subsequent licensure renewal periods, preparation may
include providing a more in-depth understanding of students' mental illness trauma,
accommodations for students' mental illness, parents' role in addressing students' mental
illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section 125A.0942
governing restrictive procedures, and de-escalation methods, among other similar topics.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
individuals entering a teacher preparation program after that date.
new text end

Sec. 10.

Minnesota Statutes 2012, section 122A.14, subdivision 2, is amended to read:

Subd. 2.

Preparation programs.

The board shall review and approve or
disapprove preparation programs for school administrators and alternative preparation
programs for administrators under section 122A.27, and must consider other alternative
competency-based preparation programs leading to licensure. new text begin Among other requirements,
preparation programs must include instruction on meeting the varied needs of English
learners, from young children to adults, in English and, where practicable, in students'
native language.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
individuals entering a school administrator preparation program after that date.
new text end

Sec. 11.

Minnesota Statutes 2012, section 122A.14, subdivision 3, is amended to read:

Subd. 3.

Rules for continuing education requirements.

The board shall
adopt rules establishing continuing education requirements that promote continuous
improvement and acquisition of new and relevant skills by school administrators.
new text begin Continuing education programs, among other things, must provide school administrators
with information and training about building coherent and effective English learner
strategies that include relevant professional development, accountability for student
progress, students' access to the general curriculum, and sufficient staff capacity to effect
these strategies. new text end A retired school principal who serves as a substitute principal or assistant
principal for the same person on a day-to-day basis for no more than 15 consecutive
school days is not subject to continuing education requirements as a condition of serving
as a substitute principal or assistant principal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to school
administrators renewing an administrator's license after that date.
new text end

Sec. 12.

Minnesota Statutes 2013 Supplement, section 122A.18, subdivision 2, is
amended to read:

Subd. 2.

Teacher and support personnel qualifications.

(a) The Board of
Teaching must issue licenses under its jurisdiction to persons the board finds to be
qualified and competent for their respective positions.

(b) The board must require a person to pass an examination of skills in reading,
writing, and mathematics before being granted an initial teaching license to provide direct
instruction to pupils in prekindergarten, elementary, secondary, or special education
programs, except that the board may issue up to two additional temporary, one-year
teaching licenses to an otherwise qualified candidate who has not yet passed the skills
exam. The board must require colleges and universities offering a board approved teacher
preparation program to make available upon request remedial assistance that includes a
formal diagnostic component to persons enrolled in their institution who did not achieve a
qualifying score on the skills examination, including those for whom English is a second
language. The colleges and universities must make available assistance in the specific
academic areas of deficiency in which the person did not achieve a qualifying score.
School districts may make available upon request similar, appropriate, and timely remedial
assistance that includes a formal diagnostic component to those persons employed by the
district who completed their teacher education program, who did not achieve a qualifying
score on the skills examination, including those persons for whom English is a second
language and persons under section 122A.23, subdivision 2, paragraph (h), who completed
their teacher's education program outside the state of Minnesota, and who received a
temporary license to teach in Minnesota. The Board of Teaching shall report annually
to the education committees of the legislature on the total number of teacher candidates
during the most recent school year taking the skills examination, the number who achieve
a qualifying score on the examination, the number who do not achieve a qualifying score
on the examination, the distribution of all candidates' scores, the number of candidates
who have taken the examination at least once before, and the number of candidates who
have taken the examination at least once before and achieve a qualifying score.

(c) The Board of Teaching must grant continuing licenses only to those persons who
have met board criteria for granting a continuing license, which includes passing the
skills examination in reading, writing, and mathematics consistent with paragraph (b) and
section 122A.09, subdivision 4, paragraph (b).

(d) All colleges and universities approved by the board of teaching to prepare persons
for teacher licensure must include in their teacher preparation programs a common core
of teaching knowledge and skills to be acquired by all persons recommended for teacher
licensure. new text begin Among other requirements, teacher candidates must demonstrate the knowledge
and skills needed to provide appropriate instruction to English learners to support and
accelerate their academic literacy, including oral academic language, and achievement in
content areas in a regular classroom setting. new text end This common core shall meet the standards
developed by the interstate new teacher assessment and support consortium in its 1992
"model standards for beginning teacher licensing and development." Amendments to
standards adopted under this paragraph are covered by chapter 14. The board of teaching
shall report annually to the education committees of the legislature on the performance
of teacher candidates on common core assessments of knowledge and skills under this
paragraph during the most recent school year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
individuals entering a teacher preparation program after that date.
new text end

Sec. 13.

Minnesota Statutes 2012, section 122A.18, subdivision 2a, is amended to read:

Subd. 2a.

Reading strategies.

(a) All colleges and universities approved by the
Board of Teaching to prepare persons for classroom teacher licensure must include in
their teacher preparation programs research-based best practices in reading, consistent
with section 122A.06, subdivision 4, that enable the licensure candidate to know how to
teach reading in the candidate's content areas. new text begin Teacher candidates must be instructed
in using students' native languages as a resource in creating effective differentiated
instructional strategies for English learners developing literacy skills. new text end These colleges and
universities also must prepare candidates for initial licenses to teach prekindergarten or
elementary students for the assessment of reading instruction portion of the examination
of licensure-specific teaching skills under section 122A.09, subdivision 4, paragraph (e).

(b) Board-approved teacher preparation programs for teachers of elementary
education must require instruction in the application of comprehensive, scientifically
based, and balanced reading instruction programs that:

(1) teach students to read using foundational knowledge, practices, and strategies
consistent with section 122A.06, subdivision 4, so that all students will achieve continuous
progress in reading; and

(2) teach specialized instruction in reading strategies, interventions, and remediations
that enable students of all ages and proficiency levels to become proficient readers.

(c) Nothing in this section limits the authority of a school district to select a school's
reading program or curriculum.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
individuals entering a teacher preparation program after that date.
new text end

Sec. 14.

Minnesota Statutes 2012, section 122A.18, subdivision 4, is amended to read:

Subd. 4.

Expiration and renewal.

(a) Each license the Department of Education
issues through its licensing section must bear the date of issue. Licenses must expire
and be renewed according to the respective rules the Board of Teaching, the Board
of School Administrators, or the commissioner of education adopts. Requirements for
renewing a license must include showing satisfactory evidence of successful teaching or
administrative experience for at least one school year during the period covered by the
license in grades or subjects for which the license is valid or completing such additional
preparation as the Board of Teaching prescribes. The Board of School Administrators
shall establish requirements for renewing the licenses of supervisory personnel except
athletic coaches. The State Board of Teaching shall establish requirements for renewing
the licenses of athletic coaches.

(b) Relicensure applicants who have been employed as a teacher during the renewal
period of their expiring license, as a condition of relicensure, must present to their local
continuing education and relicensure committee or other local relicensure committee
evidence of work that demonstrates professional reflection and growth in best teaching
practices new text begin , including among other things, practices in meeting the varied needs of English
learners, from young children to adults under section 124D.59, subdivisions 2 and 2a new text end . The
applicant must include a reflective statement of professional accomplishment and the
applicant's own assessment of professional growth showing evidence of:

(1) support for student learning;

(2) use of best practices techniques and their applications to student learning;

(3) collaborative work with colleagues that includes examples of collegiality such as
attested-to committee work, collaborative staff development programs, and professional
learning community work; or

(4) continual professional development that may include (i) job-embedded or other
ongoing formal professional learning or (ii) for teachers employed for only part of the
renewal period of their expiring license, other similar professional development efforts
made during the relicensure period.

The Board of Teaching must ensure that its teacher relicensing requirements also include
this paragraph.

(c) The Board of Teaching shall offer alternative continuing relicensure options for
teachers who are accepted into and complete the National Board for Professional Teaching
Standards certification process, and offer additional continuing relicensure options for
teachers who earn National Board for Professional Teaching Standards certification.
Continuing relicensure requirements for teachers who do not maintain National Board for
Professional Teaching Standards certification are those the board prescribes, consistent
with this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
licensed teachers renewing a teaching license after that date.
new text end

Sec. 15.

Minnesota Statutes 2012, section 122A.19, is amended to read:

122A.19 BILINGUAL AND ENGLISH AS A SECOND LANGUAGE
TEACHERS; LICENSES.

Subdivision 1.

Bilingual and English as a second language licenses.

The Board of
Teaching, hereinafter the board, must grant teaching licenses in bilingual education and
English as a second language to persons who present satisfactory evidence that they:

(a) Possess competence and communicative skills in English and in another language;

(b) Possess a bachelor's degree or other academic degree approved by the board,
and meet such requirements as to course of study and training as the board may prescribe new text begin ,
consistent with subdivision 4 new text end .

Subd. 2.

Persons holding general teaching licenses.

new text begin The board may license new text end a
person deleted text begin holding deleted text end new text begin who holds new text end a general teaching license new text begin and new text end who presents the board with
satisfactory evidence of competence and communicative skills in a language other than
English deleted text begin may be licensed deleted text end under this section.

deleted text begin Subd. 3. deleted text end

deleted text begin Employment of teachers. deleted text end

deleted text begin Teachers employed in a bilingual education
or English as a second language program established pursuant to sections 124D.58 to
124D.64 shall not be employed to replace any presently employed teacher who otherwise
would not be replaced.
deleted text end

Subd. 4.

Teacher preparation programs.

For the purpose of licensing bilingual
and English as a second language teachers, the board may approve programs at colleges
or universities designed for their training. new text begin These programs must provide instruction in
implementing research-based practices designed specifically for English learners. The
programs must focus on developing English learners' academic language proficiency in
English, including oral academic language, giving English learners meaningful access to
the full school curriculum, developing culturally relevant teaching practices appropriate
for immigrant students, and providing more intensive instruction and resources to English
learners with lower levels of academic English proficiency and varied needs, consistent
with section 124D.59, subdivisions 2 and 2a.
new text end

Subd. 5.

Persons eligible for employment.

Any person licensed under this section
deleted text begin shall be deleted text end new text begin is new text end eligible for employment by a school board as a teacher in a bilingual education
or English as a second language program in which the language for which the person is
licensed is taught or used as a medium of instruction. A board may prescribe only those
additional qualifications for teachers licensed under this section deleted text begin as deleted text end new text begin that new text end are approved
by the board of teaching.

Subd. 6.

Affirmative efforts in hiring.

In hiring for all deleted text begin positions in deleted text end bilingual
education deleted text begin programs deleted text end new text begin program positions new text end , districts must give preference to and make
affirmative efforts to seek, recruit, and employ persons who new text begin (1) new text end are deleted text begin (a) deleted text end native speakers of
the language which is the medium of instruction in the bilingual education program new text begin or share
a native language with the majority of their students new text end , and deleted text begin (b) deleted text end new text begin (2) new text end deleted text begin who deleted text end share the culture of the
English learners deleted text begin who are deleted text end enrolled in the program. The district shall provide procedures for
deleted text begin the involvement of deleted text end new text begin involving new text end the parent advisory committees in designing the procedures
for deleted text begin the recruitment deleted text end new text begin recruiting new text end , screening new text begin , new text end and deleted text begin selection of deleted text end new text begin selecting new text end applicants. This section
must not be construed to limit the school board's authority to hire and discharge personnel.

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1, 2, 5, and 6 are effective August 1, 2015.
Subdivision 3 is effective the day following final enactment. Subdivision 4 is effective
August 1, 2015, and applies to an individual entering a teacher preparation program after
that date.
new text end

Sec. 16.

Minnesota Statutes 2013 Supplement, section 122A.40, subdivision 8, is
amended to read:

Subd. 8.

Development, evaluation, and peer coaching for continuing contract
teachers.

(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop
a teacher evaluation and peer review process for probationary and continuing contract
teachers through joint agreement. If a school board and the exclusive representative of the
teachers do not agree to an annual teacher evaluation and peer review process, then the
school board and the exclusive representative of the teachers must implement the plan
for evaluation and review under paragraph (c). The process must include having trained
observers serve as peer coaches or having teachers participate in professional learning
communities, consistent with paragraph (b).

(b) To develop, improve, and support qualified teachers and effective teaching
practices and improve student learning and success, the annual evaluation process for
teachers:

(1) must, for probationary teachers, provide for all evaluations required under
subdivision 5;

(2) must establish a three-year professional review cycle for each teacher that
includes an individual growth and development plan, a peer review process, the
opportunity to participate in a professional learning community under paragraph (a), and
at least one summative evaluation performed by a qualified and trained evaluator such as a
school administrator. For the years when a tenured teacher is not evaluated by a qualified
and trained evaluator, the teacher must be evaluated by a peer review;

(3) must be based on professional teaching standards established in rule;

(4) must coordinate staff development activities under sections 122A.60 and
122A.61 with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and
teacher collaboration;

(6) may include mentoring and induction programs;

(7) must include an option for teachers to develop and present a portfolio
demonstrating evidence of reflection and professional growth, consistent with section
122A.18, subdivision 4, paragraph (b), and include teachers' own performance assessment
based on student work samples and examples of teachers' work, which may include video
among other activities for the summative evaluation;

(8) must use data from valid and reliable assessments aligned to state and local
academic standards and must use state and local measures of student growth new text begin and literacy
new text end that may include value-added models or student learning goals to determine 35 percent of
teacher evaluation results;

(9) must use longitudinal data on student engagement and connection, new text begin the academic
literacy, including oral academic language, and achievement of content areas of English
learners, new text end and other student outcome measures explicitly aligned with the elements of
curriculum for which teachers are responsible;

(10) must require qualified and trained evaluators such as school administrators to
perform summative evaluations;

(11) must give teachers not meeting professional teaching standards under clauses
(3) through (10) support to improve through a teacher improvement process that includes
established goals and timelines; and

(12) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (11) that may include a last chance warning,
termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
other discipline a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data
under section 13.43.

(c) The department, in consultation with parents who may represent parent
organizations and teacher and administrator representatives appointed by their respective
organizations, representing the Board of Teaching, the Minnesota Association of School
Administrators, the Minnesota School Boards Association, the Minnesota Elementary
and Secondary Principals Associations, Education Minnesota, and representatives of
the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
in teacher evaluation, must create and publish a teacher evaluation process that complies
with the requirements in paragraph (b) and applies to all teachers under this section and
section 122A.41 for whom no agreement exists under paragraph (a) for an annual teacher
evaluation and peer review process. The teacher evaluation process created under this
subdivision does not create additional due process rights for probationary teachers under
subdivision 5.

Sec. 17.

Minnesota Statutes 2013 Supplement, section 122A.41, subdivision 5, is
amended to read:

Subd. 5.

Development, evaluation, and peer coaching for continuing contract
teachers.

(a) To improve student learning and success, a school board and an exclusive
representative of the teachers in the district, consistent with paragraph (b), may develop an
annual teacher evaluation and peer review process for probationary and nonprobationary
teachers through joint agreement. If a school board and the exclusive representative of
the teachers in the district do not agree to an annual teacher evaluation and peer review
process, then the school board and the exclusive representative of the teachers must
implement the plan for evaluation and review developed under paragraph (c). The process
must include having trained observers serve as peer coaches or having teachers participate
in professional learning communities, consistent with paragraph (b).

(b) To develop, improve, and support qualified teachers and effective teaching
practices and improve student learning and success, the annual evaluation process for
teachers:

(1) must, for probationary teachers, provide for all evaluations required under
subdivision 2;

(2) must establish a three-year professional review cycle for each teacher that
includes an individual growth and development plan, a peer review process, the
opportunity to participate in a professional learning community under paragraph (a), and
at least one summative evaluation performed by a qualified and trained evaluator such
as a school administrator;

(3) must be based on professional teaching standards established in rule;

(4) must coordinate staff development activities under sections 122A.60 and
122A.61 with this evaluation process and teachers' evaluation outcomes;

(5) may provide time during the school day and school year for peer coaching and
teacher collaboration;

(6) may include mentoring and induction programs;

(7) must include an option for teachers to develop and present a portfolio
demonstrating evidence of reflection and professional growth, consistent with section
122A.18, subdivision 4, paragraph (b), and include teachers' own performance assessment
based on student work samples and examples of teachers' work, which may include video
among other activities for the summative evaluation;

(8) must use data from valid and reliable assessments aligned to state and local
academic standards and must use state and local measures of student growth new text begin and literacy
new text end that may include value-added models or student learning goals to determine 35 percent of
teacher evaluation results;

(9) must use longitudinal data on student engagement and connection new text begin , the academic
literacy, including oral academic language, and achievement of English learners, new text end and
other student outcome measures explicitly aligned with the elements of curriculum for
which teachers are responsible;

(10) must require qualified and trained evaluators such as school administrators to
perform summative evaluations;

(11) must give teachers not meeting professional teaching standards under clauses
(3) through (10) support to improve through a teacher improvement process that includes
established goals and timelines; and

(12) must discipline a teacher for not making adequate progress in the teacher
improvement process under clause (11) that may include a last chance warning,
termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or
other discipline a school administrator determines is appropriate.

Data on individual teachers generated under this subdivision are personnel data
under section 13.43.

(c) The department, in consultation with parents who may represent parent
organizations and teacher and administrator representatives appointed by their respective
organizations, representing the Board of Teaching, the Minnesota Association of School
Administrators, the Minnesota School Boards Association, the Minnesota Elementary
and Secondary Principals Associations, Education Minnesota, and representatives of
the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
in teacher evaluation, must create and publish a teacher evaluation process that complies
with the requirements in paragraph (b) and applies to all teachers under this section and
section 122A.40 for whom no agreement exists under paragraph (a) for an annual teacher
evaluation and peer review process. The teacher evaluation process created under this
subdivision does not create additional due process rights for probationary teachers under
subdivision 2.

Sec. 18.

Minnesota Statutes 2012, section 122A.413, subdivision 2, is amended to read:

Subd. 2.

Plan components.

The educational improvement plan must be approved
by the school board and have at least these elements:

(1) assessment and evaluation tools to measure student performance and progress new text begin ,
including the academic literacy, oral academic language, and achievement of English
learners, among other measures new text end ;

(2) performance goals and benchmarks for improvement;

(3) measures of student attendance and completion rates;

(4) a rigorous research and practice-based professional development system, based
on national and state standards of effective teaching practice new text begin applicable to all students
including English learners with varied needs under section 124D.59, subdivisions 2 and
2a, new text end and consistent with section 122A.60, that is aligned with educational improvement and
designed to achieve ongoing and schoolwide progress and growth in teaching practice;

(5) measures of student, family, and community involvement and satisfaction;

(6) a data system about students and their academic progress that provides parents
and the public with understandable information;

(7) a teacher induction and mentoring program for probationary teachers that
provides continuous learning and sustained teacher support; and

(8) substantial participation by the exclusive representative of the teachers in
developing the plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to plans
approved after that date.
new text end

Sec. 19.

Minnesota Statutes 2012, section 122A.414, subdivision 2, is amended to read:

Subd. 2.

Alternative teacher professional pay system.

(a) To participate in this
program, a school district, intermediate school district, school site, or charter school must
have an educational improvement plan under section 122A.413 and an alternative teacher
professional pay system agreement under paragraph (b). A charter school participant also
must comply with subdivision 2a.

(b) The alternative teacher professional pay system agreement must:

(1) describe how teachers can achieve career advancement and additional
compensation;

(2) describe how the school district, intermediate school district, school site, or
charter school will provide teachers with career advancement options that allow teachers
to retain primary roles in student instruction and facilitate site-focused professional
development that helps other teachers improve their skills;

(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
paid before implementing the pay system from being reduced as a result of participating
in this system, and base at least 60 percent of any compensation increase on teacher
performance using:

(i) schoolwide student achievement gains under section 120B.35 or locally selected
standardized assessment outcomes, or both;

(ii) measures of student achievement new text begin , including the academic literacy, oral academic
language, and achievement of English learners, among other measures new text end ; and

(iii) an objective evaluation program that includes:

(A) individual teacher evaluations aligned with the educational improvement plan
under section 122A.413 and the staff development plan under section 122A.60; and

(B) objective evaluations using multiple criteria conducted by a locally selected and
periodically trained evaluation team that understands teaching and learning;

(4) provide integrated ongoing site-based professional development activities to
improve instructional skills and learning that are aligned with student needs under section
122A.413, consistent with the staff development plan under section 122A.60 and led
during the school day by trained teacher leaders such as master or mentor teachers;

(5) allow any teacher in a participating school district, intermediate school district,
school site, or charter school that implements an alternative pay system to participate in
that system without any quota or other limit; and

(6) encourage collaboration rather than competition among teachers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
agreements approved after that date.
new text end

Sec. 20.

Minnesota Statutes 2012, section 122A.60, subdivision 1a, is amended to read:

Subd. 1a.

Effective staff development activities.

(a) Staff development activities
must:

(1) focus on the school classroom and research-based strategies that improve student
learning;

(2) provide opportunities for teachers to practice and improve their instructional
skills over time;

(3) provide opportunities for teachers to use student data as part of their daily work
to increase student achievement;

(4) enhance teacher content knowledge and instructional skills, including to
accommodate the delivery of digital and blended learning and curriculum and engage
students with technology;

(5) align with state and local academic standards;

(6) provide opportunities to build professional relationships, foster collaboration
among principals and staff who provide instruction, and provide opportunities for
teacher-to-teacher mentoring; deleted text begin and
deleted text end

(7) align with the plan of the district or site for an alternative teacher professional
pay system new text begin ; and
new text end

new text begin (8) provide teachers of English learners, including English as a second language and
content teachers, with differentiated instructional strategies critical for ensuring students'
long-term academic success; the means to effectively use assessment data on the academic
literacy, oral academic language, and English language development of English learners;
and skills to support native and English language development across the curriculum new text end .

Staff development activities may include curriculum development and curriculum training
programs, and activities that provide teachers and other members of site-based teams
training to enhance team performance. The school district also may implement other
staff development activities required by law and activities associated with professional
teacher compensation models.

(b) Release time provided for teachers to supervise students on field trips and school
activities, or independent tasks not associated with enhancing the teacher's knowledge
and instructional skills, such as preparing report cards, calculating grades, or organizing
classroom materials, may not be counted as staff development time that is financed with
staff development reserved revenue under section 122A.61.

Sec. 21.

Minnesota Statutes 2012, section 122A.60, subdivision 2, is amended to read:

Subd. 2.

Contents of plan.

The plan must include the staff development outcomes
under subdivision 3, the means to achieve the outcomes, and procedures for evaluating
progress at each school site toward meeting education outcomes, consistent with
relicensure requirements under section 122A.18, subdivision 4. The plan also must:

(1) support stable and productive professional communities achieved through
ongoing and schoolwide progress and growth in teaching practice;

(2) emphasize coaching, professional learning communities, classroom action
research, and other job-embedded models;

(3) maintain a strong subject matter focus premised on students' learning goals;

(4) ensure specialized preparation and learning about issues related to teaching
English learners and students with special needs new text begin by focusing on long-term systemic efforts
to improve educational services and opportunities and raise student achievement new text end ; and

(5) reinforce national and state standards of effective teaching practice.

Sec. 22.

Minnesota Statutes 2012, section 122A.60, subdivision 3, is amended to read:

Subd. 3.

Staff development outcomes.

The advisory staff development committee
must adopt a staff development plan for improving student achievement. The plan must
be consistent with education outcomes that the school board determines. The plan
must include ongoing staff development activities that contribute toward continuous
improvement in achievement of the following goals:

(1) improve student achievement of state and local education standards in all areas
of the curriculum by using new text begin research-based new text end best practices methods;

(2) effectively meet the needs of a diverse student population, including at-risk
children, children with disabilities, new text begin English learners, new text end and gifted children, within the
regular classroom and other settings;

(3) provide an inclusive curriculum for a racially, ethnically, new text begin linguistically, new text end and
culturally diverse student population that is consistent with the state education diversity
rule and the district's education diversity plan;

(4) improve staff collaboration and develop mentoring and peer coaching programs
for teachers new to the school or district;

(5) effectively teach and model violence prevention policy and curriculum that
address early intervention alternatives, issues of harassment, and teach nonviolent
alternatives for conflict resolution;

(6) effectively deliver digital and blended learning and curriculum and engage
students with technology; and

(7) provide teachers and other members of site-based management teams with
appropriate management and financial management skills.

Sec. 23.

Minnesota Statutes 2012, section 122A.68, subdivision 3, is amended to read:

Subd. 3.

Program components.

In order to be approved by the Board of Teaching,
a school district's residency program must at minimum include:

(1) training to prepare teachers to serve as mentors to teaching residents;

(2) a team mentorship approach to expose teaching residents to a variety of
teaching methods, philosophies, and classroom environments new text begin that includes differentiated
instructional strategies, effective use of student achievement data, and support for native
and English language development across the curriculum and grade levels, among other
things new text end ;

(3) ongoing peer coaching and assessment;

(4) assistance to the teaching resident in preparing an individual professional
development plan that includes goals, activities, and assessment methodologies; and

(5) collaboration with one or more teacher education institutions, career teachers,
and other community experts to provide local or regional professional development
seminars or other structured learning experiences for teaching residents.

A teaching resident's direct classroom supervision responsibilities shall not exceed
80 percent of the instructional time required of a full-time equivalent teacher in the
district. During the time a resident does not supervise a class, the resident shall participate
in professional development activities according to the individual plan developed by the
resident in conjunction with the school's mentoring team. Examples of development
activities include observing other teachers, sharing experiences with other teaching
residents, and professional meetings and workshops.

Sec. 24.

Minnesota Statutes 2012, section 122A.74, is amended to read:

122A.74 PRINCIPALS' LEADERSHIP INSTITUTE.

Subdivision 1.

Establishment.

(a) The commissioner of education may contract
with the regents of the University of Minnesota to establish a Principals' Leadership
Institute to provide professional development to school principals by:

(1) creating a network of leaders in the educational and business communities to
communicate current and future trends in leadership techniques;

(2) helping to create a vision for the school that is aligned with the community
and district priorities; deleted text begin and
deleted text end

(3) developing strategies to retain highly qualified teachers new text begin and ensure that diverse
student populations, including at-risk students, children with disabilities, English learners,
and gifted students, among others, have equal access to these highly qualified teachers; and
new text end

new text begin (4) providing training to analyze data using culturally competent tools new text end .

(b) The University of Minnesota must cooperate with participating members of the
business community to provide funding and content for the institute.

(c) Participants must agree to attend the Principals' Leadership Institute for four
weeks during the academic summer.

(d) The Principals' Leadership Institute must incorporate program elements offered
by leadership programs at the University of Minnesota and program elements used by
the participating members of the business community to enhance leadership within their
businesses.

Subd. 2.

Method of selection and requirements.

(a) The board of each school
district in the state may select a principal, upon the recommendation of the district's
superintendent and based on the principal's leadership potential, to attend the institute.

(b) The school board new text begin annually new text end shall forward its list of recommended participants to
the commissioner deleted text begin of education deleted text end by February 1 deleted text begin each year deleted text end . In addition, a principal may submit
an application directly to the commissioner by February 1. The commissioner deleted text begin of education
deleted text end shall notify the school board, the principal candidates, and the University of Minnesota of
the principals selected to participate in the Principals' Leadership Institute each year.

Sec. 25.

Minnesota Statutes 2012, section 123A.06, subdivision 2, is amended to read:

Subd. 2.

People to be served.

A state-approved alternative program shall provide
programs for secondary pupils and adults. A center may also provide programs and
services for elementary and secondary pupils who are not attending the state-approved
alternative program to assist them in being successful in school. A center shall use
research-based best practices for serving English learners and their parents new text begin , taking into
account the variations in students' backgrounds and needs and the amount of time and the
staff resources necessary for students to overcome gaps in their education and to develop
English proficiency and work-related skills new text end . An individualized education program team
may identify a state-approved alternative program as an appropriate placement to the
extent a state-approved alternative program can provide the student with the appropriate
special education services described in the student's plan. Pupils eligible to be served are
those who qualify under the graduation incentives program in section 124D.68, subdivision
2, those enrolled under section 124D.02, subdivision 2, or those pupils who are eligible to
receive special education services under sections 125A.03 to 125A.24, and 125A.65.

Sec. 26.

Minnesota Statutes 2012, section 123B.04, subdivision 4, is amended to read:

Subd. 4.

Achievement contract.

A school board may enter a written education site
achievement contract with each site decision-making team for: (1) setting individualized
learning and achievement measures and short- and long-term educational goals for each
student at that site new text begin that may include site-based strategies for English language instruction
targeting the teachers of English learners and all teachers and school administrators new text end ;
(2) recognizing each student's educational needs and aptitudes and levels of academic
attainment, whether on grade level or above or below grade level, so as to improve student
performance through such means as a cost-effective, research-based formative assessment
system designed to promote individualized learning and assessment; (3) using student
performance data to diagnose a student's academic strengths and weaknesses and indicate
to the student's teachers the specific skills and concepts that need to be introduced to
the student and developed through academic instruction or applied learning, organized
by strands within subject areas and linked to state and local academic standards during
the next year, consistent with the student's short- and long-term educational goals; and
(4) assisting the education site if progress in achieving student or contract goals or other
performance expectations or measures agreed to by the board and the site decision-making
team are not realized or implemented.

Sec. 27.

Minnesota Statutes 2012, section 123B.147, subdivision 3, is amended to read:

Subd. 3.

Duties; evaluation.

(a) The principal shall provide administrative,
supervisory, and instructional leadership services, under the supervision of the
superintendent of schools of the district and according to the policies, rules, and
regulations of the school board, for the planning, management, operation, and evaluation
of the education program of the building or buildings to which the principal is assigned.

(b) To enhance a principal's leadership skills and support and improve teaching
practices, school performance, and student achievement new text begin for diverse student populations,
including at-risk students, children with disabilities, English learners, and gifted students,
among others new text end , a district must develop and implement a performance-based system for
annually evaluating school principals assigned to supervise a school building within the
district. The evaluation must be designed to improve teaching and learning by supporting
the principal in shaping the school's professional environment and developing teacher
quality, performance, and effectiveness. The annual evaluation must:

(1) support and improve a principal's instructional leadership, organizational
management, and professional development, and strengthen the principal's capacity in the
areas of instruction, supervision, evaluation, and teacher development;

(2) include formative and summative evaluations new text begin based on multiple measures of
student progress toward career and college readiness new text end ;

(3) be consistent with a principal's job description, a district's long-term plans and
goals, and the principal's own professional multiyear growth plans and goals, all of which
must support the principal's leadership behaviors and practices, rigorous curriculum,
school performance, and high-quality instruction;

(4) include on-the-job observations and previous evaluations;

(5) allow surveys to help identify a principal's effectiveness, leadership skills and
processes, and strengths and weaknesses in exercising leadership in pursuit of school
success;

(6) use longitudinal data on student academic growth as 35 percent of the evaluation
and incorporate district achievement goals and targets;

(7) be linked to professional development that emphasizes improved teaching and
learning, curriculum and instruction, student learning, and a collaborative professional
culture; and

(8) for principals not meeting standards of professional practice or other criteria
under this subdivision, implement a plan to improve the principal's performance and
specify the procedure and consequence if the principal's performance is not improved.

The provisions of this paragraph are intended to provide districts with sufficient
flexibility to accommodate district needs and goals related to developing, supporting,
and evaluating principals.

Sec. 28.

Minnesota Statutes 2012, section 124D.13, subdivision 2, is amended to read:

Subd. 2.

Program requirements.

(a) Early childhood family education programs
are programs for children in the period of life from birth to kindergarten, for the parents
and other relatives of these children, and for expectant parents. To the extent that funds
are insufficient to provide programs for all children, early childhood family education
programs should emphasize programming for a child from birth to age three and
encourage parents and other relatives to involve four- and five-year-old children in school
readiness programs, and other public and nonpublic early learning programs. A district
may not limit participation to school district residents. Early childhood family education
programs must provide:

(1) programs to educate parents and other relatives about the physical, mental, and
emotional development of children and to enhance the skills of parents and other relatives
in providing for their children's learning and development;

(2) structured learning activities requiring interaction between children and their
parents or relatives;

(3) structured learning activities for children that promote children's development
and positive interaction with peers, which are held while parents or relatives attend parent
education classes;

(4) information on related community resources;

(5) information, materials, and activities that support the safety of children, including
prevention of child abuse and neglect; and

(6) a community outreach plan to ensure participation by families who reflect the
racial, cultural, new text begin linguistic, new text end and economic diversity of the school district.

new text begin Early childhood family education programs are encouraged to provide parents of
English learners with translated oral and written information to monitor the program's
impact on their children's English language development, to know whether their children
are progressing in developing their English and native language proficiency, and to
actively engage with and support their children in developing their English and native
language proficiency.
new text end

The programs must include learning experiences for children, parents, and other
relatives that promote children's early literacy new text begin and, where practicable, their native
language new text end skills deleted text begin . The program must not include deleted text end new text begin and new text end activities for children that deleted text begin do not
deleted text end require substantial involvement of the children's parents or other relatives. new text begin Providers must
review new text end the program deleted text begin must be reviewed deleted text end periodically to assure the instruction and materials
are not racially, culturally, or sexually biased. The programs must encourage parents to be
aware of practices that may affect equitable development of children.

(b) For the purposes of this section, "relative" or "relatives" means noncustodial
grandparents or other persons related to a child by blood, marriage, adoption, or foster
placement, excluding parents.

Sec. 29.

Minnesota Statutes 2012, section 124D.15, subdivision 3, is amended to read:

Subd. 3.

Program requirements.

A school readiness program provider must:

(1) assess each child's cognitive new text begin and language new text end skills with a comprehensive child
assessment instrument when the child enters and again before the child leaves the program
to deleted text begin inform deleted text end new text begin improve new text end program planning and new text begin implementation, communicate with new text end parents new text begin , new text end and
promote kindergarten readiness;

(2) provide comprehensive program content and intentional instructional practice
aligned with the state early childhood learning guidelines and kindergarten standards and
based on early childhood research and professional practice that is focused on children's
cognitive, social, emotional, and physical skills and development and prepares children
for the transition to kindergarten, including early literacy new text begin and language new text end skills;

(3) coordinate appropriate kindergarten transition with parents and kindergarten
teachers;

(4) involve parents in program planning and decision making;

(5) coordinate with relevant community-based services;

(6) cooperate with adult basic education programs and other adult literacy programs;

(7) ensure staff-child ratios of one-to-ten and maximum group size of 20 children
with the first staff required to be a teacher; and

(8) have teachers knowledgeable in early childhood curriculum content, assessment,
new text begin native and English language development programs, new text end and instruction.

Sec. 30.

Minnesota Statutes 2012, section 124D.49, subdivision 3, is amended to read:

Subd. 3.

Local education and employment transitions systems.

A local education
and employment transitions partnership must assess the needs of employers, employees,
and learners, and develop a plan for implementing and achieving the objectives of a local
or regional education and employment transitions system. The plan must provide for a
comprehensive local system for assisting learners and workers in making the transition
from school to work or for retraining in a new vocational area. The objectives of a local
education and employment transitions system include:

(1) increasing the effectiveness of the educational programs and curriculum of
elementary, secondary, and postsecondary schools and the work site in preparing students
in the skills and knowledge needed to be successful in the workplace;

(2) implementing learner outcomes for students in grades kindergarten through 12
designed to introduce the world of work and to explore career opportunities, including
nontraditional career opportunities;

(3) eliminating barriers to providing effective integrated applied learning,
service-learning, or work-based curriculum;

(4) increasing opportunities to apply academic knowledge and skills, including
skills needed in the workplace, in local settings which include the school, school-based
enterprises, postsecondary institutions, the workplace, and the community;

(5) increasing applied instruction in the attitudes and skills essential for success in
the workplace, including cooperative working, leadership, problem-solving, new text begin English
language proficiency, new text end and respect for diversity;

(6) providing staff training for vocational guidance counselors, teachers, and other
appropriate staff in the importance of preparing learners for the transition to work, and in
methods of providing instruction that incorporate applied learning, work-based learning,
new text begin English language proficiency, new text end and service-learning experiences;

(7) identifying and enlisting local and regional employers who can effectively
provide work-based or service-learning opportunities, including, but not limited to,
apprenticeships, internships, and mentorships;

(8) recruiting community and workplace mentors including peers, parents, employers
and employed individuals from the community, and employers of high school students;

(9) identifying current and emerging educational, training, new text begin native and English
language development, new text end and employment needs of the area or region, especially within
industries with potential for job growth;

(10) improving the coordination and effectiveness of local vocational and job training
programs, including vocational education, adult basic education, tech prep, apprenticeship,
service-learning, youth entrepreneur, youth training and employment programs
administered by the commissioner of employment and economic development, and local
job training programs under the Workforce Investment Act of 1998, Public Law 105-220;

(11) identifying and applying for federal, state, local, and private sources of funding
for vocational or applied learning programs;

(12) providing students with current information and counseling about career
opportunities, potential employment, educational opportunities in postsecondary
institutions, workplaces, and the community, and the skills and knowledge necessary to
succeed;

(13) providing educational technology, including interactive television networks
and other distance learning methods, to ensure access to a broad variety of work-based
learning opportunities;

(14) including students with disabilities in a district's vocational or applied learning
program and ways to serve at-risk learners through collaboration with area learning
centers under sections 123A.05 to 123A.09, or other alternative programs; and

(15) providing a warranty to employers, postsecondary education programs, and
other postsecondary training programs, that learners successfully completing a high school
work-based or applied learning program will be able to apply the knowledge and work
skills included in the program outcomes or graduation requirements. The warranty shall
require education and training programs to continue to work with those learners that need
additional skill new text begin or English language new text end development until they can demonstrate achievement
of the program outcomes or graduation requirements.

Sec. 31.

Minnesota Statutes 2012, section 124D.52, as amended by Laws 2013, chapter
116, article 2, section 7, is amended to read:

124D.52 ADULT BASIC EDUCATION.

Subdivision 1.

Program requirements.

(a) An adult basic education program is a
day or evening program offered by a district that is for people over 16 years of age who do
not attend an elementary or secondary school. The program offers academic new text begin and English
language new text end instruction necessary to earn a high school diploma or equivalency certificate.

(b) Notwithstanding any law to the contrary, a school board or the governing body of
a consortium offering an adult basic education program may adopt a sliding fee schedule
based on a family's income, but must waive the fee for participants who are under the age
of 21 or unable to pay. The fees charged must be designed to enable individuals of all
socioeconomic levels to participate in the program. A program may charge a security
deposit to assure return of materials, supplies, and equipment.

(c) Each approved adult basic education program must develop a memorandum of
understanding with the local workforce development centers located in the approved
program's service delivery area. The memorandum of understanding must describe how
the adult basic education program and the workforce development centers will cooperate
and coordinate services to provide unduplicated, efficient, and effective services to clients.

(d) Adult basic education aid must be spent for adult basic education purposes as
specified in sections 124D.518 to 124D.531.

(e) A state-approved adult basic education program must count and submit student
contact hours for a program that offers high school credit toward an adult high school
diploma according to student eligibility requirements and new text begin measures of student progress
toward work-based new text end competency deleted text begin demonstration requirements deleted text end new text begin and, where appropriate,
English language proficiency requirements new text end established by the commissioner new text begin and posted on
the department Web site in a readily accessible location and format new text end .

Subd. 2.

Program approval.

(a) To receive aid under this section, a district, a
consortium of districts, the Department of Corrections, or a private nonprofit organization
must submit an application by June 1 describing the program, on a form provided by
the department. The program must be approved by the commissioner according to the
following criteria:

(1) how the needs of different levels of learning new text begin and English language proficiency
new text end will be met;

(2) for continuing programs, an evaluation of results;

(3) anticipated number and education level of participants;

(4) coordination with other resources and services;

(5) participation in a consortium, if any, and money available from other participants;

(6) management and program design;

(7) volunteer training and use of volunteers;

(8) staff development services;

(9) program sites and schedules;

(10) program expenditures that qualify for aid;

(11) program ability to provide data related to learner outcomes as required by
law; and

(12) a copy of the memorandum of understanding described in subdivision 1
submitted to the commissioner.

(b) Adult basic education programs may be approved under this subdivision for
up to five years. Five-year program approval must be granted to an applicant who has
demonstrated the capacity to:

(1) offer comprehensive learning opportunities and support service choices
appropriate for and accessible to adults at all basic skill deleted text begin need deleted text end new text begin and English language new text end levels
new text begin of need new text end ;

(2) provide a participatory and experiential learning approach based on the strengths,
interests, and needs of each adult, that enables adults with basic skill needs to:

(i) identify, plan for, and evaluate their own progress toward achieving their defined
educational and occupational goals;

(ii) master the basic academic reading, writing, and computational skills, as well
as the problem-solving, decision making, interpersonal effectiveness, and other life and
learning skills they need to function effectively in a changing society;

(iii) locate and be able to use the health, governmental, and social services and
resources they need to improve their own and their families' lives; and

(iv) continue their education, if they desire, to at least the level of secondary school
completion, with the ability to secure and benefit from continuing education that will
enable them to become more employable, productive, and responsible citizens;

(3) plan, coordinate, and develop cooperative agreements with community resources
to address the needs that the adults have for support services, such as transportation, new text begin English
language learning, new text end flexible course scheduling, convenient class locations, and child care;

(4) collaborate with business, industry, labor unions, and employment-training
agencies, as well as with family and occupational education providers, to arrange for
resources and services through which adults can attain economic self-sufficiency;

(5) provide sensitive and well trained adult education personnel who participate in
local, regional, and statewide adult basic education staff development events to master
effective adult learning and teaching techniques;

(6) participate in regional adult basic education peer program reviews and evaluations;

(7) submit accurate and timely performance and fiscal reports;

(8) submit accurate and timely reports related to program outcomes and learner
follow-up information; and

(9) spend adult basic education aid on adult basic education purposes only, which
are specified in sections 124D.518 to 124D.531.

(c) The commissioner shall require each district to provide notification by February
1, 2001, of its intent to apply for funds under this section as a single district or as part of
an identified consortium of districts. A district receiving funds under this section must
notify the commissioner by February 1 of its intent to change its application status for
applications due the following June 1.

Subd. 3.

Accounts; revenue; aid.

(a) Each district, group of districts, or private
nonprofit organization providing adult basic education programs must establish and
maintain a reserve account within the community service fund for deleted text begin the receipt deleted text end new text begin receiving
new text end and deleted text begin disbursement of deleted text end new text begin disbursing new text end all funds related to these programs. All revenue received
deleted text begin pursuant to deleted text end new text begin under new text end this section must be deleted text begin utilized deleted text end new text begin used new text end solely for the purposes of adult basic
education programs. State aid must not equal more than 100 percent of the unreimbursed
expenses of providing these programs, excluding in-kind costs.

(b) For purposes of paragraph (a), an adult basic education program may include as
valid expenditures for the previous fiscal year program spending that occurs from July
1 to September 30 of the following year. A program may carry over a maximum of 20
percent of its adult basic education aid revenue into the next fiscal year. Program spending
may only be counted for one fiscal year.

(c) Notwithstanding section 123A.26 or any other law to the contrary, an adult basic
education consortium providing an approved adult basic education program may be its own
fiscal agent and is eligible to receive state-aid payments directly from the commissioner.

Subd. 4.

English as a second language programs.

Persons may teach English
as a second language classes deleted text begin conducted deleted text end at a worksite, if they meet the requirements
of section 122A.19, subdivision 1, clause (a), regardless of whether they are licensed
teachers. Persons teaching English as a second language for an approved adult basic
education program must possess a bachelor's or master's degree in English as a second
language, applied linguistics, or bilingual education, or a related degree deleted text begin as deleted text end approved by
the commissioner.

Subd. 5.

Basic service level.

A district, or a consortium of districts, with a program
approved by the commissioner under subdivision 2 must establish, in consultation with the
commissioner, a basic level of service for every adult basic education site in the district
or consortium. The basic service level must describe minimum levels of academic new text begin and
English language new text end instruction and support services to be provided at each site. The program
must set a basic service level that promotes effective learning and student achievement
with measurable results. Each district or consortium of districts must submit its basic
service level to the commissioner for approval.

Subd. 6.

Cooperative English as a second language and adult basic education
programs.

(a) A school district, or adult basic education consortium that receives revenue
under section 124D.531, may deliver English as a second language, citizenship, or other
adult education programming in collaboration with community-based and nonprofit
organizations located within its district or region, and with correctional institutions. The
organization or correctional institution must have the demonstrated capacity to offer
education programs for adults. Community-based or nonprofit organizations must meet
the criteria in paragraph (b), or have prior experience. A community-based or nonprofit
organization or a correctional institution may be reimbursed for unreimbursed expenses
as defined in section 124D.518, subdivision 5, for deleted text begin the administration of deleted text end new text begin administering
new text end English as a second language or adult basic education programs, not to exceed eight
percent of the total funds provided by a school district or adult basic education consortium.
The administrative reimbursement for a school district or adult basic education consortium
that delivers services cooperatively with a community-based or nonprofit organization
or correctional institution is limited to five percent of the program aid, not to exceed the
unreimbursed expenses of administering programs delivered by community-based or
nonprofit organizations or correctional institutions.

(b) A community-based organization or nonprofit organization that delivers education
services under this section must demonstrate that it has met the following criteria:

(1) be legally established as a nonprofit organization;

(2) have an established system for fiscal accounting and reporting that is consistent
with the deleted text begin Department of Education's deleted text end new text begin department's new text end adult basic education completion report
and reporting requirements under section 124D.531;

(3) require all instructional staff to complete a training course in teaching adult
learners; and

(4) develop a learning plan for each student that identifies defined educational and
occupational goals with measures to evaluate progress.

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 new text begin , including English learners, new text end 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, 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 Social Security numbers for data
matching.

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. Data related to any other specified outcome 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 United
States Code, title 29, section 2871, of the Workforce Investment Act of 1998, 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.

Subd. 8.

Standard high school diploma for adults.

(a) The commissioner shall
adopt rules for providing a standard adult high school diploma to persons who:

(1) are not eligible for kindergarten through grade 12 services;

(2) do not have a high school diploma; and

(3) successfully complete an adult basic education program of instruction approved
by the commissioner of education necessary to earn an adult high school diploma.

(b) Persons participating in an approved adult basic education program of instruction
must demonstrate the competencies, knowledge, and skills new text begin and, where appropriate,
English language proficiency, new text end sufficient to ensure that postsecondary programs and
institutions and potential employers regard persons with a standard high school diploma
and persons with a standard adult high school diploma as equally well prepared and
qualified graduates. Approved adult basic education programs of instruction under this
subdivision must issue a standard adult high school diploma to persons who successfully
demonstrate the competencies, knowledge, and skills required by the program.

Sec. 32.

Minnesota Statutes 2012, section 124D.522, is amended to read:

124D.522 ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE
GRANTS.

(a) The commissioner, in consultation with the policy review task force under
section 124D.521, may make grants to nonprofit organizations to provide services that are
not offered by a district adult basic education program or that are supplemental to either
the statewide adult basic education program, or a district's adult basic education program.
The commissioner may make grants for: staff development for adult basic education
teachers and administrators; training for volunteer tutors; training, services, and materials
for serving disabled students through adult basic education programs; statewide promotion
of adult basic education services and programs; development and dissemination of
instructional and administrative technology for adult basic education programs; programs
which primarily serve communities of color; adult basic education distance learning
projects, including television instruction programs; new text begin initiatives to accelerate English
language acquisition and the achievement of career- and college-ready skills among
English learners; new text end and other supplemental services to support the mission of adult basic
education and innovative delivery of adult basic education services.

(b) The commissioner must establish eligibility criteria and grant application
procedures. Grants under this section must support services throughout the state, focus
on educational results for adult learners, and promote outcome-based achievement
through adult basic education programs. Beginning in fiscal year 2002, the commissioner
may make grants under this section from the state total adult basic education aid set
aside for supplemental service grants under section 124D.531. Up to one-fourth of the
appropriation for supplemental service grants must be used for grants for adult basic
education programs to encourage and support innovations in adult basic education
instruction and service delivery. A grant to a single organization cannot exceed 20 percent
of the total supplemental services aid. Nothing in this section prevents an approved adult
basic education program from using state or federal aid to purchase supplemental services.

Sec. 33.

Minnesota Statutes 2012, section 124D.59, subdivision 2, is amended to read:

Subd. 2.

English learner.

(a) "English learner" means a pupil in kindergarten through
grade 12 who meets the new text begin requirements under subdivision 2a or the new text end following requirements:

(1) the pupil, as declared by a parent or guardian first learned a language other than
English, comes from a home where the language usually spoken is other than English, or
usually speaks a language other than English; and

(2) the pupil is determined by new text begin a valid assessment measuring the pupil's English
language proficiency and by new text end developmentally appropriate measures, which might include
observations, teacher judgment, parent recommendations, or developmentally appropriate
assessment instruments, to lack the necessary English skills to participate fully in
new text begin academic new text end classes taught in English.

(b) deleted text begin Notwithstanding paragraph (a), deleted text end A pupil new text begin enrolled in a Minnesota public school
new text end in deleted text begin grades deleted text end new text begin any grade new text end 4 through 12 who deleted text begin was enrolled in a Minnesota public school on
the dates during deleted text end new text begin in new text end the previous school year deleted text begin when a commissioner provided deleted text end new text begin took a
commissioner-provided new text end assessment deleted text begin that measures deleted text end new text begin measuring new text end the pupil's emerging
academic English deleted text begin was administered deleted text end , shall deleted text begin not deleted text end be counted as an English learner in
calculating English learner pupil units under section 126C.05, subdivision 17, and shall deleted text begin not
deleted text end generate state English learner aid under section 124D.65, subdivision 5, deleted text begin unless deleted text end new text begin if new text end the pupil
scored below the state cutoff score or is otherwise counted as a nonproficient participant
on deleted text begin an deleted text end new text begin the new text end assessment measuring new text begin the pupil's new text end emerging academic English deleted text begin provided by the
commissioner during the previous school year deleted text end new text begin and in the judgment of the pupil's classroom
teachers, consistent with section 124D.61, clause (1), the pupil is unable to demonstrate
academic language proficiency in English, including oral academic language, sufficient to
successfully and fully participate in the general core curriculum in the regular classroom new text end .

(c) Notwithstanding paragraphs (a) and (b), a pupil in kindergarten through grade
12 shall not be counted as an English learner in calculating English learner pupil units
under section 126C.05, subdivision 17, and shall not generate state English learner aid
under section 124D.65, subdivision 5, if:

(1) the pupil is not enrolled during the current fiscal year in an educational program
for English learners deleted text begin in accordance with deleted text end new text begin under new text end sections 124D.58 to 124D.64; or

(2) the pupil has generated five or more years of average daily membership in
Minnesota public schools since July 1, 1996.

Sec. 34.

Minnesota Statutes 2012, section 124D.59, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin English learner; interrupted formal education. new text end

new text begin Consistent with
subdivision 2, an English learner includes an English learner with an interrupted formal
education who:
new text end

new text begin (1) comes from a home where the language usually spoken is other than English, or
usually speaks a language other than English;
new text end

new text begin (2) enters school in the United States after grade 6;
new text end

new text begin (3) has at least two years less schooling than the English learner's peers;
new text end

new text begin (4) functions at least two years below expected grade level in reading and
mathematics; and
new text end

new text begin (5) may be preliterate in the English learner's native language.
new text end

Sec. 35.

Minnesota Statutes 2012, section 124D.895, is amended to read:

124D.895 PARENTAL INVOLVEMENT PROGRAMS.

Subdivision 1.

Program goals.

The department, in consultation with the state
curriculum advisory committee, must develop guidelines and model plans for parental
involvement programs that will:

(1) engage the interests and talents of parents or guardians in recognizing and
meeting the emotional, intellectual, new text begin native and English language development, new text end and
physical needs of their school-age children;

(2) promote healthy self-concepts among parents or guardians and other family
members;

(3) offer parents or guardians a chance to share and learn about educational skills,
techniques, and ideas;

(4) provide creative learning experiences for parents or guardians and their
school-age children, including involvement from parents or guardians of color;

(5) encourage parents to actively participate in their district's curriculum advisory
committee under section 120B.11 in order to assist the school board in improving
children's education programs; and

(6) encourage parents to help in promoting school desegregation/integration new text begin under
sections 124D.861 and 124D.862 new text end .

Subd. 2.

Plan contents.

Model plans for a parental involvement program must
include at least the following:

(1) program goals;

(2) means for achieving program goals;

(3) methods for informing parents or guardians, in a timely way, about the program;

(4) strategies for ensuring the full participation of parents or guardians, including
those parents or guardians who lack literacy skills or whose native language is not English,
including new text begin the new text end involvement deleted text begin from deleted text end new text begin of new text end parents or guardians of color;

(5) procedures for coordinating the program with kindergarten through grade 12
curriculum, with parental involvement programs currently available in the community,
with the deleted text begin process under sections 120B.10 to deleted text end new text begin world's best workforce under section new text end 120B.11,
and with other education facilities located in the community;

(6) strategies for training teachers and other school staff to work effectively with
parents and guardians;

(7) procedures for parents or guardians and educators to evaluate and report progress
toward program goals; and

(8) a mechanism for convening a local community advisory committee composed
primarily of parents or guardians to advise a district on implementing a parental
involvement program.

Subd. 3.

Plan activities.

Activities contained in the model plans must include:

(1) educational opportunities for families that enhance children's learning new text begin and native
and English language new text end development;

(2) educational programs for parents or guardians on families' educational
responsibilities and resources;

(3) the hiring, training, and use of parental involvement liaison workers to
coordinate family involvement activities and to foster new text begin linguistic and culturally competent
new text end communication among families, educators, and students new text begin , consistent with the definition of
culturally competent under section 120B.11, subdivision 1, paragraph (d) new text end ;

(4) curriculum materials and assistance in implementing home and community-based
learning activities that reinforce and extend classroom instruction and student motivation;

(5) technical assistance, including training to design and carry out family
involvement programs;

(6) parent resource centers;

(7) parent training programs and reasonable and necessary expenditures associated
with parents' attendance at training sessions;

(8) reports to parents on children's progress;

(9) use of parents as classroom volunteers, or as volunteers in before and after
school programs for school-age children, tutors, and aides;

(10) soliciting parents' suggestions in planning, developing, and implementing
school programs;

(11) educational programs and opportunities for parents or guardians that are
multicultural, new text begin multilingual, new text end gender fair, and disability sensitive;

(12) involvement in a district's curriculum advisory committee or a school building
team under section 120B.11; and

(13) opportunities for parent involvement in developing, implementing, or evaluating
school and district desegregation/integration plans new text begin under sections 124D.861 and 124D.862 new text end .

Sec. 36.

Minnesota Statutes 2012, section 124D.8955, is amended to read:

124D.8955 PARENT AND FAMILY INVOLVEMENT POLICY.

(a) In order to promote and support student achievement, a local school board is
encouraged to formally adopt and implement a parent and family involvement policy that
promotes and supports:

(1) new text begin oral and written new text end communication between home and school that is regular,
two-way, deleted text begin and deleted text end meaningful new text begin , and in families' native language new text end ;

(2) parenting skills;

(3) parents and caregivers who play an integral role in assisting student learning and
learn about fostering students' academic success and learning at home and school;

(4) welcoming parents in the school and new text begin using networks that support families'
cultural connections, new text end seeking their support and assistance;

(5) partnerships with parents in the decisions that affect children and families
in the schools; and

(6) providing community resources to strengthen schools, families, and student
learning.

(b) A school board that implements a parent and family involvement policy under
paragraph (a) must convene an advisory committee composed of an equal number of
resident parents who are not district employees and school staff to make recommendations
to the board on developing and evaluating the board's parent and family involvement
policy. If possible, the advisory committee must represent the diversity of the district. The
advisory committee must consider the district's demographic diversity and barriers to
parent involvement when developing its recommendations. The advisory committee must
present its recommendations to the board for board consideration.

(c) The board must consider new text begin research-based new text end best practices when implementing
this policy.

(d) The board periodically must review this policy to determine whether it is aligned
with the most current research findings on parent involvement policies and practices and
how effective the policy is in supporting increased student achievement.

(e) Nothing in this section obligates a school district to exceed any parent or family
involvement requirement under federal law.

Sec. 37.

Minnesota Statutes 2013 Supplement, section 127A.70, subdivision 2, is
amended to read:

Subd. 2.

Powers and duties; report.

(a) The partnership shall develop
recommendations to the governor and the legislature designed to maximize the achievement
of all P-20 students while promoting the efficient use of state resources, thereby helping
the state realize the maximum value for its investment. These recommendations may
include, but are not limited to, strategies, policies, or other actions focused on:

(1) improving the quality of and access to education at all points from preschool
through graduate education;

(2) improving preparation for, and transitions to, postsecondary education and
work; and

(3) ensuring educator quality by creating rigorous standards for teacher recruitment,
teacher preparation, induction and mentoring of beginning teachers, and continuous
professional development for career teachers.

(b) Under the direction of the P-20 Education Partnership Statewide Longitudinal
Education Data System Governance Committee, the Office of Higher Education and the
Departments of Education and Employment and Economic Development shall improve
and expand the Statewide Longitudinal Education Data System (SLEDS) to provide
policymakers, education and workforce leaders, researchers, and members of the public
with data, research, and reports to:

(1) expand reporting on students' educational outcomes new text begin for diverse student
populations including at-risk students, children with disabilities, English learners, and
gifted students, among others, and include formative and summative evaluations based on
multiple measures of student progress toward career and college readiness new text end ;

(2) evaluate the effectiveness of educational and workforce programs; and

(3) evaluate the relationship between education and workforce outcomes new text begin , consistent
with section 124D.49 new text end .

To the extent possible under federal and state law, research and reports should be
accessible to the public on the Internet, and disaggregated by demographic characteristics,
organization or organization characteristics, and geography.

It is the intent of the legislature that the Statewide Longitudinal Education Data
System inform public policy and decision-making. The SLEDS governance committee,
with assistance from staff of the Office of Higher Education, the Department of Education,
and the Department of Employment and Economic Development, shall respond to
legislative committee and agency requests on topics utilizing data made available through
the Statewide Longitudinal Education Data System as resources permit. Any analysis of
or report on the data must contain only summary data.

(c) By January 15 of each year, the partnership shall submit a report to the governor
and to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over P-20 education policy and finance that summarizes the
partnership's progress in meeting its goals and identifies the need for any draft legislation
when necessary to further the goals of the partnership to maximize student achievement
while promoting efficient use of resources.

Sec. 38. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 122A.19, subdivision 3, new text end new text begin is repealed effective the
day following final enactment.
new text end

ARTICLE 8

INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY
FOR MILITARY CHILDREN

Section 1.

Minnesota Statutes 2012, section 127A.70, subdivision 1, is amended to read:

Subdivision 1.

Establishment; membership.

new text begin (a) new text end A P-20 education partnership is
established to create a seamless system of education that maximizes achievements of
all students, from early childhood through elementary, secondary, and postsecondary
education, while promoting the efficient use of financial and human resources. The
partnership shall consist of major statewide educational groups or constituencies or
noneducational statewide organizations with a stated interest in P-20 education. The initial
membership of the partnership includes the members serving on the Minnesota P-16
Education Partnership and four legislators appointed as follows:

(1) one senator from the majority party and one senator from the minority party,
appointed by the Subcommittee on Committees of the Committee on Rules and
Administration; and

(2) one member of the house of representatives appointed by the speaker of the
house and one member appointed by the minority leader of the house of representatives.

new text begin (b) new text end The chair of the P-16 education partnership must convene the first meeting
of the P-20 partnership. Prospective members may be nominated by any partnership
member and new members will be added with the approval of a two-thirds majority of the
partnership. The partnership will also seek input from nonmember organizations whose
expertise can help inform the partnership's work.

new text begin (c) new text end Partnership members shall be represented by the chief executives, presidents, or
other formally designated leaders of their respective organizations, or their designees. The
partnership shall meet at least three times during each calendar year.

new text begin (d) The P-20 education partnership shall be the state council for the Interstate
Compact on Educational Opportunity for Military Children under section 127A.85 with
the chair serving as the compact commissioner responsible for the administration and
management of the state's participation in the compact. When conducting business
required under section 127A.85, the P-20 partnership shall include a representative from a
military installation appointed by the adjutant general of the Minnesota National Guard.
new text end

Sec. 2.

new text begin [127A.85] INTERSTATE COMPACT ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN.
new text end

new text begin ARTICLE I
new text end

new text begin PURPOSE
new text end

new text begin It is the purpose of this compact to remove barriers to educational success imposed on
children of military families because of frequent moves and deployment of their parents by:
new text end

new text begin A. facilitating the timely enrollment of children of military families and ensuring
that they are not placed at a disadvantage due to difficulty in the transfer of education
records from the previous school district(s) or variations in entrance/age requirements.
new text end

new text begin B. Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements, scheduling,
sequencing, grading, course content, or assessment.
new text end

new text begin C. Facilitating the qualification and eligibility for enrollment, educational programs,
and participation in extracurricular academic, athletic, and social activities.
new text end

new text begin D. Facilitating the on-time graduation of children of military families.
new text end

new text begin E. Providing for the promulgation and enforcement of administrative rules
implementing the provisions of this compact.
new text end

new text begin F. Providing for the uniform collection and sharing of information between and
among member states, schools, and military families under this compact.
new text end

new text begin G. Promoting coordination between this compact and other compacts affecting
military children.
new text end

new text begin H. Promoting flexibility and cooperation between the educational system, parents,
and the student in order to achieve educational success for the student.
new text end

new text begin ARTICLE II
new text end

new text begin DEFINITIONS
new text end

new text begin As used in this compact, unless the context clearly requires a different construction:
new text end

new text begin A. "Active duty" means: full-time duty status in the active uniformed service of the
United States, including members of the National Guard and Reserve on active duty orders
pursuant to United States code, title 10, sections 1209 and 1211.
new text end

new text begin B. "Children of military families" means: a school-aged child(ren), enrolled in
kindergarten through grade 12, in the household of an active duty member.
new text end

new text begin C. "Compact commissioner" means: the voting representative of each compacting
state appointed pursuant to Article VIII of this compact.
new text end

new text begin D. "Deployment" means: the period one month prior to the service members'
departure from their home station on military orders through six months after return to
their home station.
new text end

new text begin E. "Education(al) records" means: those official records, files, and data directly
related to a student and maintained by the school or local education agency, including but
not limited to records encompassing all the material kept in the student's cumulative
folder, such as general identifying data, records of attendance and of academic work
completed, records of achievement and results of evaluative tests, health data, disciplinary
status, test protocols, and individualized education programs.
new text end

new text begin F. "Extracurricular activities" means: a voluntary activity sponsored by the school
or local education agency or an organization sanctioned by the local education agency.
Extracurricular activities include, but are not limited to, preparation for and involvement
in public performances, contests, athletic competitions, demonstrations, displays, and
club activities.
new text end

new text begin G. "Interstate Commission on Educational Opportunity for Military Children"
means: the commission that is created under Article IX of this compact, which is generally
referred to as Interstate Commission.
new text end

new text begin H. "Local education agency" means: a public authority legally constituted by the
state as an administrative agency to provide control of and direction for kindergarten
through grade 12 public educational institutions.
new text end

new text begin I. "Member state" means: a state that has enacted this compact.
new text end

new text begin J. "Military installation" means: a base, camp, post, station, yard, center, homeport
facility for any ship, or other activity under the jurisdiction of the Department of Defence,
including any leased facility, which is located within any of the several states, the District
of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, the Northern Mariana Islands, and any other United States territory.
new text end new text begin Such term does not include any facility used primarily for civil works, rivers and harbors
projects, or flood control projects.
new text end

new text begin K. "Nonmember state" means: a state that has not enacted this compact.
new text end

new text begin L. "Receiving state" means: the state to which a child of a military family is sent,
brought, or caused to be sent or brought.
new text end

new text begin M. "Rule" means: a written statement by the Interstate Commission promulgated
pursuant to Article XII of this compact that is of general applicability, implements,
interprets, or prescribes a policy or provision of the Compact, or an organizational,
procedural, or practice requirement of the Interstate Commission, and has the force
and effect of statutory law in a member state, and includes the amendment, repeal, or
suspension of an existing rule.
new text end

new text begin N. "Sending state" means: the state from which a child of a military family is sent,
brought, or caused to be sent or brought.
new text end

new text begin O. "State" means: a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, and any other United States territory.
new text end

new text begin P. "Student" means: the child of a military family for whom the local education
agency receives public funding and who is formally enrolled in kindergarten through
grade 12.
new text end

new text begin Q. "Transition" means: (1) the formal and physical process of transferring from
school to school or (2) the period of time in which a student moves from one school in
the sending state to another school in the receiving state.
new text end

new text begin R. "Uniformed service(s)" means: the Army, Navy, Air Force, Marine Corps, Coast
Guard as well as the commissioned Corps of the National Oceanic and Atmospheric
Administration, and Public Health Services.
new text end

new text begin S. "Veteran" means: a person who served in the uniformed services and who was
discharged or released there from under conditions other than dishonorable.
new text end

new text begin ARTICLE III
new text end

new text begin APPLICABILITY
new text end

new text begin A. Except as otherwise provided in Section B, this compact shall apply to the
children of:
new text end

new text begin 1. active duty members of the uniformed services as defined in this compact,
including members of the National Guard and Reserve on active duty orders pursuant to
United States Code, title 10, sections 1209 and 1211;
new text end

new text begin 2. members or veterans of the uniformed services who are severely injured and
medically discharged or retired for a period of one year after medical discharge or
retirement; and
new text end

new text begin 3. members of the uniformed services who die on active duty or as a result of
injuries sustained on active duty for a period of one year after death.
new text end

new text begin B. The provisions of this interstate compact shall only apply to local education
agencies as defined in this compact.
new text end

new text begin C. The provisions of this compact shall not apply to the children of:
new text end

new text begin 1. inactive members of the national guard and military reserves;
new text end

new text begin 2. members of the uniformed services now retired, except as provided in Section A;
new text end

new text begin 3. veterans of the uniformed services, except as provided in Section A; and
new text end

new text begin 4. other United States Department of Defense personnel and other federal agency
civilian and contract employees not defined as active duty members of the uniformed
services.
new text end

new text begin ARTICLE IV
new text end

new text begin EDUCATIONAL RECORDS AND ENROLLMENT
new text end

new text begin A. Unofficial or "hand-carried" education records - In the event that official
education records cannot be released to the parents for the purpose of transfer, the
custodian of the records in the sending state shall prepare and furnish to the parent
a complete set of unofficial educational records containing uniform information as
determined by the Interstate Commission. Upon receipt of the unofficial education records
by a school in the receiving state, the school shall enroll and appropriately place the
student based on the information provided in the unofficial records pending validation by
the official records, as quickly as possible.
new text end

new text begin B. Official education records/transcripts - Simultaneous with the enrollment and
conditional placement of the student, the school in the receiving state shall request the
student's official education record from the school in the sending state. Upon receipt of
this request, the school in the sending state will process and furnish the official education
records to the school in the receiving state within ten days or within such time as
reasonably determined under rules promulgated by the Interstate Commission.
new text end

new text begin C. Immunizations - Compacting states shall give 30 days from the date of enrollment
or within such time as is reasonably determined under the rules promulgated by the
Interstate Commission, for students to obtain any immunization(s) required by the
receiving state. For a series of immunizations, initial vaccinations must be obtained within
30 days or within such time as is reasonably determined under the rules promulgated by
the Interstate Commission.
new text end

new text begin D. Kindergarten and first grade entrance age - Students shall be allowed to continue
their enrollment at grade level in the receiving state commensurate with their grade level
(including kindergarten) from a local education agency in the sending state at the time of
transition, regardless of age. A student that has satisfactorily completed the prerequisite
grade level in the local education agency in the sending state shall be eligible for enrollment
in the next highest grade level in the receiving state, regardless of age. A student
transferring after the start of the school year in the receiving state shall enter the school in
the receiving state on their validated level from an accredited school in the sending state.
new text end

new text begin ARTICLE V
new text end

new text begin PLACEMENT AND ATTENDANCE
new text end

new text begin A. Course placement - When the student transfers before or during the school year,
the receiving state school shall initially honor placement of the student in educational
courses based on the student's enrollment in the sending state school and/or educational
assessments conducted at the school in the sending state if the courses are offered. Course
placement includes but is not limited to Honors, International Baccalaureate, Advanced
Placement, vocational, technical, and career pathways courses. Continuing the student's
academic program from the previous school and promoting placement in academically and
career challenging courses should be paramount when considering placement. This does
not preclude the school in the receiving state from performing subsequent evaluations to
ensure appropriate placement and continued enrollment of the student in the course(s).
new text end

new text begin B. Educational program placement - The receiving state school shall initially honor
placement of the student in educational programs based on the current educational
assessments conducted at the school in the sending state or participation/placement in
like programs in the sending state. Such programs include, but are not limited to: (1)
gifted and talented programs; and (2) English as a second language (ESL). This does not
preclude the school in the receiving state from performing subsequent evaluations to
ensure appropriate placement of the student.
new text end

new text begin C. Special education services - (1) in compliance with the federal requirements of the
Individuals with Disabilities Education Act (IDEA), United States Code Annotated, Title
20, section 1400 et seq., the receiving state shall initially provide comparable services to a
student with disabilities based on his/her current Individualized Education Program (IEP);
and (2) in compliance with the requirements of Section 504 of the Rehabilitation Act,
United States Code Annotated, title 29, section 794, and with Title II of the Americans
with Disabilities Act, United States Code Annotated, title 42, sections 12131 to12165,
the receiving state shall make reasonable accommodations and modifications to address
the needs of incoming students with disabilities, subject to an existing 504 or Title II
Plan, to provide the student with equal access to education. This does not preclude the
school in the receiving state from performing subsequent evaluations to ensure appropriate
placement of the student.
new text end

new text begin D. Placement flexibility - Local education agency administrative officials shall have
flexibility in waiving course/program prerequisites, or other preconditions for placement
in courses/programs offered under the jurisdiction of the local education agency.
new text end

new text begin E. Absence as related to deployment activities - A student whose parent or legal
guardian is an active duty member of the uniformed services, as defined by the compact,
and has been called to duty for, is on leave from, or immediately returned from deployment
to a combat zone or combat support posting, shall be granted additional excused absences
at the discretion of the local education agency superintendent to visit with his or her parent
or legal guardian relative to such leave or deployment of the parent or guardian.
new text end

new text begin ARTICLE VI
new text end

new text begin ELIGIBILITY
new text end

new text begin A. Eligibility for enrollment
new text end

new text begin 1. Special power of attorney, relative to the guardianship of a child of a military
family and executed under applicable law shall be sufficient for the purposes of enrollment
and all other actions requiring parental participation and consent.
new text end

new text begin 2. A local education agency shall be prohibited from charging local tuition to a
transitioning military child placed in the care of a noncustodial parent or other person
standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.
new text end

new text begin 3. A transitioning military child, placed in the care of a noncustodial parent or
other person standing in loco parentis who lives in a jurisdiction other than that of the
custodial parent, may continue to attend the school in which he/she was enrolled while
residing with the custodial parent.
new text end

new text begin B. Eligibility for extracurricular participation - State and local education
agencies shall facilitate the opportunity for transitioning military children's inclusion
in extracurricular activities, regardless of application deadlines, to the extent they are
otherwise qualified.
new text end

new text begin ARTICLE VII
new text end

new text begin GRADUATION
new text end

new text begin In order to facilitate the on-time graduation of children of military families, states
and local education agencies shall incorporate the following procedures:
new text end

new text begin A. Waiver requirements - Local education agency administrative officials shall waive
specific courses required for graduation if similar coursework has been satisfactorily
completed in another local education agency or shall provide reasonable justification for
denial. Should a waiver not be granted to a student who would qualify to graduate from
the sending school, the local education agency shall provide an alternative means of
acquiring required coursework so that graduation may occur on time.
new text end

new text begin B. Exit exams - States shall accept: (1) exit or end-of-course exams required for
graduation from the sending state, (2) national norm-referenced achievement tests, or (3)
alternative testing, in lieu of testing requirements for graduation in the receiving state.
In the event the above alternatives cannot be accommodated by the receiving state for a
student transferring in his or her senior year, then the provisions of Article VII, Section
C shall apply.
new text end

new text begin C. Transfers during senior year - Should a military student transferring at the
beginning or during his or her senior year be ineligible to graduate from the receiving local
education agency after all alternatives have been considered, the sending and receiving
local education agencies shall ensure the receipt of a diploma from the sending local
education agency, if the student meets the graduation requirements of the sending local
education agency. In the event that one of the states in question is not a member of this
compact, the member state shall use best efforts to facilitate the on-time graduation of the
student in accordance with Sections A and B of this Article.
new text end

new text begin ARTICLE VIII
new text end

new text begin STATE COORDINATION
new text end

new text begin A. Each member state shall, through the creation of a State Council or use of an
existing body or board, provide for the coordination among its agencies of government,
local education agencies, and military installations concerning the state's participation in,
and compliance with, this compact and Interstate Commission activities. While each
member state may determine the membership of its own State Council, its membership
must include at least: the state superintendent of education, superintendent of a school
district with a high concentration of military children, representative from a military
installation, one representative each from the legislative and executive branches of
government, and other offices and stakeholder groups the State Council deems appropriate.
A member state that does not have a school district deemed to contain a high concentration
of military children may appoint a superintendent from another school district to represent
local education agencies on the State Council.
new text end

new text begin B. The State Council of each member state shall appoint or designate a military
family education liaison to assist military families and the state in facilitating the
implementation of this compact.
new text end

new text begin C. The compact commissioner responsible for the administration and management
of the state's participation in the compact shall be appointed by the governor or as
otherwise determined by each member state.
new text end

new text begin D. The compact commissioner and the military family education liaison designated
herein shall be ex-officio members of the State Council, unless either is already a full
voting member of the State council.
new text end

new text begin ARTICLE IX
new text end

new text begin INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY
FOR MILITARY CHILDREN
new text end

new text begin The member states hereby create the "Interstate Commission on Educational
Opportunity for Military Children." The activities of the Interstate Commission are
the formation of public policy and are a discretionary state function. The Interstate
Commission shall:
new text end

new text begin A. Be a body corporate and joint agency of the member states and shall have all the
responsibilities, powers, and duties set forth herein, and such additional powers as may be
conferred upon it by a subsequent concurrent action of the respective legislatures of the
member states in accordance with the terms of this compact.
new text end

new text begin B. Consist of one Interstate Commission voting representative from each member
state who shall be that state's compact commissioner.
new text end

new text begin 1. Each member state represented at a meeting of the Interstate Commission is
entitled to one vote.
new text end

new text begin 2. A majority of the total member states shall constitute a quorum for the transaction
of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
new text end

new text begin 3. A representative shall not delegate a vote to another member state. In the event
the compact commissioner is unable to attend a meeting of the Interstate Commission,
the Governor or State Council may delegate voting authority to another person from
their state for a specified meeting.
new text end

new text begin 4. The bylaws may provide for meetings of the Interstate Commission to be
conducted by telecommunication or electronic communication.
new text end

new text begin C. Consist of ex-officio, nonvoting representatives who are members of interested
organizations. Such ex-officio members, as defined in the bylaws, may include, but not
be limited to, members of the representative organizations of military family advocates,
local education agency officials, parent and teacher groups, the United States Department
of Defense, the Education Commission of the States, the Interstate Agreement on the
Qualification of Educational Personnel, and other interstate compacts affecting the
education of children of military members.
new text end

new text begin D. Meet at least once each calendar year. The chairperson may call additional
meetings and, upon the request of a simple majority of the member states, shall call
additional meetings.
new text end

new text begin E. Establish an executive committee, whose members shall include the officers of the
Interstate Commission and such other members of the Interstate Commission as determined
by the bylaws. Members of the executive committee shall serve a one-year term. Members
of the executive committee shall be entitled to one vote each. The executive committee
shall have the power to act on behalf of the Interstate Commission, with the exception
of rulemaking, during periods when the Interstate Commission is not in session. The
executive committee shall oversee the day-to-day activities of the administration of the
compact, including enforcement and compliance with the provisions of the compact, its
bylaws and rules, and other such duties as deemed necessary. The U.S. Department of
Defense, shall serve as an ex-officio, nonvoting member of the executive committee.
new text end

new text begin F. Establish bylaws and rules that provide for conditions and procedures under which
the Interstate Commission shall make its information and official records available to the
public for inspection or copying. The Interstate Commission may exempt from disclosure
information or official records to the extent they would adversely affect personal privacy
rights or proprietary interests.
new text end

new text begin G. Public notice shall be given by the Interstate Commission of all meetings and
all meetings shall be open to the public, except as set forth in the rules or as otherwise
provided in the compact. The Interstate Commission and its committees may close a
meeting, or portion thereof, where it determines by two-thirds vote that an open meeting
would be likely to:
new text end

new text begin 1. Relate solely to the Interstate Commission's internal personnel practices and
procedures;
new text end

new text begin 2. Disclose matters specifically exempted from disclosure by federal and state statute;
new text end

new text begin 3. Disclose trade secrets or commercial or financial information which is privileged
or confidential;
new text end

new text begin 4. Involve accusing a person of a crime, or formally censuring a person;
new text end

new text begin 5. Disclose information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
new text end

new text begin 6. Disclose investigative records compiled for law enforcement purposes; or
new text end

new text begin 7. Specifically relate to the Interstate Commission's participation in a civil action
or other legal proceeding.
new text end

new text begin H. For a meeting, or a portion of a meeting, closed pursuant to this provision, the
Interstate Commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exemptible provision. the Interstate Commission
shall keep minutes which shall fully and clearly describe all matters discussed in a meeting
and shall provide a full and accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed and the record of a roll call vote. All
documents considered in connection with an action shall be identified in such minutes. All
minutes and documents of a closed meeting shall remain under seal, subject to release by a
majority vote of the Interstate Commission.
new text end

new text begin I. The Interstate Commission shall collect standardized data concerning the
educational transition of the children of military families under this compact as directed
through its rules which shall specify the data to be collected, the means of collection, and
data exchange and reporting requirements. Such methods of data collection, exchange,
and reporting shall, insofar as is reasonably possible, conform to current technology and
coordinate its information functions with the appropriate custodian of records as identified
in the bylaws and rules.
new text end

new text begin J. The Interstate Commission shall create a process that permits military officials,
education officials, and parents to inform the Interstate Commission if and when there
are alleged violations of the compact or its rules or when issues subject to the jurisdiction
of the compact or its rules are not addressed by the state or local education agency. This
section shall not be construed to create a private right of action against the Interstate
Commission or any member state.
new text end

new text begin ARTICLE X
new text end

new text begin POWERS AND DUTIES OF THE INTERSTATE COMMISSION
new text end

new text begin The Interstate commission shall have the following powers:
new text end

new text begin A. To provide for dispute resolution among member states.
new text end

new text begin B. To promulgate rules and take all necessary actions to effect the goals, purposes,
and obligations as enumerated in this compact. The rules shall have the force and effect of
statutory law and shall be binding in the compact states to the extent and in the manner
provided in this compact.
new text end

new text begin C. To issue, upon request of a member state, advisory opinions concerning the
meaning or interpretation of the interstate compact, its bylaws, rules, and actions.
new text end

new text begin D. To enforce compliance with the compact provisions, the rules promulgated by the
Interstate Commission, and the bylaws, using all necessary and proper means, including
but not limited to the use of judicial process.
new text end

new text begin E. To establish and maintain offices which shall be located within one or more of
the member states.
new text end

new text begin F. To purchase and maintain insurance and bonds.
new text end

new text begin G. To borrow, accept, hire, or contract for services of personnel.
new text end

new text begin H. To establish and appoint committees including, but not limited to, an executive
committee as required by Article IX, Section E, which shall have the power to act on
behalf of the Interstate Commission in carrying out its powers and duties hereunder.
new text end

new text begin I. To elect or appoint such officers, attorneys, employees, agents, or consultants, and
to fix their compensation, define their duties, and determine their qualifications; and to
establish the Interstate Commission's personnel policies and programs relating to conflicts
of interest, rates of compensation, and qualifications of personnel.
new text end

new text begin J. To accept any and all donations and grants of money, equipment, supplies,
materials, and services, and to receive, utilize, and dispose of it.
new text end

new text begin K. To lease, purchase, accept contributions or donations of, or otherwise to own,
hold, improve, or use any property, real, personal, or mixed.
new text end

new text begin L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, real, personal, or mixed.
new text end

new text begin M. To establish a budget and make expenditures.
new text end

new text begin N. To adopt a seal and bylaws governing the management and operation of the
Interstate Commission.
new text end

new text begin O. To report annually to the legislatures, governors, judiciary, and State Councils
of the member states concerning the activities of the Interstate Commission during the
preceding year. Such reports shall also include any recommendations that may have
been adopted by the Interstate Commission.
new text end

new text begin P. To coordinate education, training, and public awareness regarding the compact, its
implementation and operation for officials and parents involved in such activity.
new text end

new text begin Q. To establish uniform standards for the reporting, collecting, and exchanging of
data.
new text end

new text begin R. To maintain corporate books and records in accordance with the bylaws.
new text end

new text begin S. To perform such functions as may be necessary or appropriate to achieve the
purposes of this compact.
new text end

new text begin T. To provide for the uniform collection and sharing of information between and
among member states, schools, and military families under this compact.
new text end

new text begin ARTICLE XI
new text end

new text begin ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
new text end

new text begin A. The Interstate Commission shall, by a majority of the members present and
voting, within 12 months after the first interstate Commission meeting, adopt bylaws to
govern its conduct as may be necessary or appropriate to carry out the purposes of the
compact, including, but not limited to:
new text end

new text begin 1. Establishing the fiscal year of the Interstate Commission;
new text end

new text begin 2. Establishing an executive committee, and such other committees as may be
necessary;
new text end

new text begin 3. Providing for the establishment of committees and for governing any general or
specific delegation of authority or function of the Interstate Commission;
new text end

new text begin 4. Providing reasonable procedures for calling and conducting meetings of the
Interstate Commission, and ensuring reasonable notice of each such meeting;
new text end

new text begin 5. Establishing the titles and responsibilities of the officers and staff of the Interstate
Commission;
new text end

new text begin 6. Providing a mechanism for concluding the operations of the Interstate
Commission and the return of surplus funds that may exist upon the termination of the
compact after the payment and reserving of all of its debts and obligations.
new text end

new text begin 7. Providing "start up" rules for initial administration of the compact.
new text end

new text begin B. The Interstate Commission shall, by a majority of the members, elect annually
from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom
shall have such authority and duties as may be specified in the bylaws. The chairperson or,
in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings
of the Interstate Commission. The officers so elected shall serve without compensation or
remuneration from the Interstate Commission; provided that, subject to the availability
of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and
expenses incurred by them in the performance of their responsibilities as officers of the
Interstate Commission.
new text end

new text begin C. Executive Committee, Officers and Personnel
new text end

new text begin 1. The executive committee shall have such authority and duties as may be set forth
in the bylaws, including but not limited to:
new text end

new text begin a. Managing the affairs of the Interstate Commission in a manner consistent with the
bylaws and purposes of the Interstate Commission;
new text end

new text begin b. Overseeing an organizational structure within, and appropriate procedures for,
the Interstate Commission to provide for the creation of rules, operating procedures, and
administrative and technical support functions; and
new text end

new text begin c. Planning, implementing, and coordinating communications and activities with
other state, federal, and local government organizations in order to advance the goals of
the Interstate Commission.
new text end

new text begin 2. The executive committee may, subject to the approval of the Interstate
Commission, appoint or retain an executive director for such period, upon such terms and
conditions and for compensation, as the Interstate Commission may deem appropriate.
The executive director shall serve as secretary to the Interstate Commission, but shall not
be a member of the Interstate Commission. The executive director shall hire and supervise
such other persons as may be authorized by the Interstate Commission.
new text end

new text begin D. The Interstate Commission's executive director and its employees shall be
immune from suit and liability, either personally or in their official capacity, for a claim
for damage to or loss of property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that occurred, or that
such person had a reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided that such person shall
not be protected from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person.
new text end

new text begin 1. The liability of the Interstate Commission's executive director and employees
or Interstate Commission representatives, acting within the scope of such person's
employment or duties for acts, errors, or omissions occurring within such person's state
may not exceed the limits of liability set forth under the Constitution and laws of that state
for state officials, employees, and agents. The Interstate Commission is considered to be an
instrumentality of the states for the purposes of any such action. Nothing in this subsection
shall be construed to protect such person from suit or liability for damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of such person.
new text end

new text begin 2. The Interstate Commission shall defend the executive director and its employees
and, subject to the approval of the attorney general or other appropriate legal counsel of the
member state represented by an Interstate Commission representative, shall defend such
Interstate Commission representative in any civil action seeking to impose liability arising
out of an actual or alleged act, error, or omission that occurred within the scope of Interstate
Commission employment, duties or responsibilities, or that the defendant had a reasonable
basis for believing occurred within the scope of the Interstate Commission employment,
duties, or responsibilities, provided that the actual or alleged act, error, or omission did not
result from intentional or willful and wanton misconduct on the part of such person.
new text end

new text begin 3. To the extent not covered by the state involved, member state, or the Interstate
Commission, the representatives or employees of the Interstate Commission shall be held
harmless in the amount of a settlement or judgment, including attorney fees and costs,
obtained against such persons arising out of an actual or alleged act, error, or omission
that occurred within the scope of the Interstate Commission employment, duties, or
responsibilities, or that such persons had a reasonable basis for believing occurred within
the scope of Interstate Commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from intentional or willful and
wanton misconduct on the part of such persons.
new text end

new text begin ARTICLE XII
new text end

new text begin RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
new text end

new text begin A. Rulemaking Authority - The Interstate Commission shall promulgate reasonable
rules in order to effectively and efficiently achieve the purposes of this Compact.
Notwithstanding the foregoing, in the event the Interstate Commission exercises its
rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or
the powers granted hereunder, then such an action by the Interstate Commission shall be
invalid and have no force or effect.
new text end

new text begin B. Rulemaking Procedure - Rules shall be made pursuant to a rulemaking process
that substantially conforms to the "Model State Administrative Procedure Act," of 1981
Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to
the operations of the Interstate Commission.
new text end

new text begin C. Not later than 30 days after a rule is promulgated, any person may file a petition
for judicial review of the rule; provided that the filing of such a petition shall not stay
or otherwise prevent the rule from becoming effective unless the court finds that the
petitioner has a substantial likelihood of success. The court shall give deference to
the actions of the Interstate Commission consistent with applicable law and shall not
find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate
Commission's authority.
new text end

new text begin D. If a majority of the legislatures of the compacting states reject a Rule by
enactment of a statute or resolution in the same manner used to adopt the compact, then
such rule shall have no further force and effect in any compacting state.
new text end

new text begin ARTICLE XIII
new text end

new text begin OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
new text end

new text begin A. Oversight
new text end

new text begin 1. The executive, legislative, and judicial branches of state government in each
member state shall enforce this compact and shall take all actions necessary and
appropriate to effectuate the compact's purposes and intent. The provisions of this compact
and the rules promulgated hereunder shall have standing as statutory law.
new text end

new text begin 2. All courts shall take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of this compact
which may affect the powers, responsibilities, or actions of the Interstate Commission.
new text end

new text begin 3. The Interstate Commission shall be entitled to receive all service of process in any
such proceeding, and shall have standing to intervene in the proceeding for all purposes.
Failure to provide service of process to the Interstate Commission shall render a judgment
or order void as to the Interstate Commission, this compact, or promulgated rules.
new text end

new text begin B. Default, Technical Assistance, Suspension, and Termination - If the Interstate
Commission determines that a member state has defaulted in the performance of its
obligations or responsibilities under this compact, or the bylaws or promulgated rules,
the Interstate Commission shall:
new text end

new text begin 1. Provide written notice to the defaulting state and other member states of the
nature of the default, the means of curing the default, and any action taken by the Interstate
Commission. The Interstate Commission shall specify the conditions by which the
defaulting state must cure its default.
new text end

new text begin 2. Provide remedial training and specific technical assistance regarding the default.
new text end

new text begin 3. If the defaulting state fails to cure the default, the defaulting state shall be
terminated from the compact upon an affirmative vote of a majority of the member states
and all rights, privileges, and benefits conferred by this compact shall be terminated from
the effective date of termination. A cure of the default does not relieve the offending state
of obligations or liabilities incurred during the period of the default.
new text end

new text begin 4. Suspension or termination of membership in the compact shall be imposed only
after all other means of securing compliance have been exhausted. Notice of intent
to suspend or terminate shall be given by the Interstate Commission to the governor,
the majority and minority leaders of the defaulting state's legislature, and each of the
member states.
new text end

new text begin 5. The state which has been suspended or terminated is responsible for all
assessments, obligations, and liabilities incurred through the effective date of suspension
or termination, including obligations, the performance of which extends beyond the
effective date of suspension or termination.
new text end

new text begin 6. The Interstate Commission shall not bear any costs relating to any state that has
been found to be in default or which has been suspended or terminated from the compact,
unless otherwise mutually agreed upon in writing between the Interstate Commission
and the defaulting state.
new text end

new text begin 7. The defaulting state may appeal the action of the Interstate Commission by
petitioning the United States District Court for the District of Columbia or the federal
district where the Interstate Commission has its principle offices. The prevailing party
shall be awarded all costs of such litigation including reasonable attorney fees.
new text end

new text begin C. Dispute Resolution
new text end

new text begin 1. The Interstate Commission shall attempt, upon the request of a member state, to
resolve disputes which are subject to the compact and which may arise among member
states and between member and nonmember states.
new text end

new text begin 2. The Interstate Commission shall promulgate a rule providing for both mediation
and binding dispute resolution for disputes as appropriate.
new text end

new text begin D. Enforcement
new text end

new text begin 1. The Interstate Commission, in the reasonable exercise of its discretion, shall
enforce the provisions and rules of this compact.
new text end

new text begin 2. The Interstate Commission may, by majority vote of the members, initiate legal
action in the United States District Court for the District of Columbia or, at the discretion
of the Interstate Commission, in the federal district where the Interstate Commission has its
principal offices, to enforce compliance with the provisions of the compact, its promulgated
rules and bylaws, against a member state in default. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary the prevailing
party shall be awarded all costs of such litigation including reasonable attorney fees.
new text end

new text begin 3. The remedies herein shall not be the exclusive remedies of the Interstate
Commission. The Interstate Commission may avail itself of any other remedies available
under state law or the regulation of a profession.
new text end

new text begin ARTICLE XIV
new text end

new text begin FINANCING OF THE INTERSTATE COMMISSION
new text end

new text begin A. The Interstate Commission shall pay, or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing activities.
new text end

new text begin B. The Interstate Commission may levy on and collect an annual assessment from
each member state to cover the cost of the operations and activities of the Interstate
Commission and its staff which must be in a total amount sufficient to cover the Interstate
Commission's annual budget as approved each year. The aggregate annual assessment
amount shall be allocated based upon a formula to be determined by the Interstate
Commission, which shall promulgate a rule binding upon all member states.
new text end

new text begin C. The Interstate Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit
of any of the member states, except by and with the authority of the member state.
new text end

new text begin D. The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission shall be
subject to the audit and accounting procedures established under its bylaws. However,
all receipts and disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant and the report of the audit shall
be included in and become part of the annual report of the Interstate Commission.
new text end

new text begin ARTICLE XV
new text end

new text begin MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT
new text end

new text begin A. Any state is eligible to become a member state.
new text end

new text begin B. The compact shall become effective and binding upon legislative enactment of the
compact into law by no less than ten of the states. The effective date shall be no earlier than
December 1, 2007. Thereafter, it shall become effective and binding as to any other member
state upon enactment of the compact into law by that state. The governors of nonmember
states or their designees shall be invited to participate in the activities of the Interstate
Commission on a nonvoting basis prior to the adoption of the compact by all states.
new text end

new text begin C. The Interstate Commission may propose amendments to the compact for
enactment by the member states. No amendment shall become effective and binding upon
the Interstate Commission and the member states unless and until it is enacted into law by
unanimous consent of the member states.
new text end

new text begin ARTICLE XVI
new text end

new text begin WITHDRAWAL AND DISSOLUTION
new text end

new text begin A. Withdrawal
new text end

new text begin 1. Once effective, the compact shall continue in force and remain binding upon each
and every member state; provided that a member state may withdraw from the compact
specifically repealing the statute, which enacted the compact into law.
new text end

new text begin 2. Withdrawal from this compact shall be by the enactment of a statute repealing
the same, but shall not take effect until one year after the effective date of such statute
and until written notice of the withdrawal has been given by the withdrawing state to the
governor of each other member jurisdiction.
new text end

new text begin 3. The withdrawing state shall immediately notify the chairperson of the Interstate
Commission in writing upon the introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the other member states of the
withdrawing state's intent to withdraw within 60 days of its receipt thereof.
new text end

new text begin 4. The withdrawing state is responsible for all assessments, obligations and liabilities
incurred through the effective date of withdrawal, including obligations, the performance
of which extend beyond the effective date of withdrawal.
new text end

new text begin 5. Reinstatement following withdrawal of a member state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the
Interstate Commission.
new text end

new text begin B. Dissolution of Compact
new text end

new text begin 1. This compact shall dissolve effective upon the date of the withdrawal or default
of the member state which reduces the membership in the compact to one member state.
new text end

new text begin 2. Upon he dissolution of this compact, the compact becomes null and void and shall
be of no further force or effect, and the business and affairs of the Interstate Commission
shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
new text end

new text begin ARTICLE XVII
new text end

new text begin SEVERABILITY AND CONSTRUCTION
new text end

new text begin A. The provisions of this compact shall be severable, and if any phrase, clause,
sentence, or provision is deemed unenforceable, the remaining provisions of the compact
shall be enforceable.
new text end

new text begin B. The provisions of this compact shall be liberally construed to effectuate its
purposes.
new text end

new text begin C. Nothing in this compact shall be construed to prohibit the applicability of other
interstate compacts to which the states are members.
new text end

new text begin ARTICLE XVIII
new text end

new text begin BINDING EFFECT OF COMPACT AND OTHER LAWS
new text end

new text begin A. Other Laws
new text end

new text begin 1. Nothing herein prevents the enforcement of any other law of a member state
that is not inconsistent with this compact.
new text end

new text begin 2. All member states' laws conflicting with this compact are superseded to the
extent of the conflict.
new text end

new text begin B. Binding Effect of the Compact
new text end

new text begin 1. All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the member states.
new text end

new text begin 2. All agreements between the Interstate Commission and the member states are
binding in accordance with their terms.
new text end

new text begin 3. In the event any provision of this compact exceeds the constitutional limits
imposed on the legislature of any member state, such provision shall be ineffective to the
extent of the conflict with the constitutional provision in question in that member state.
new text end

Sec. 3. new text begin MILITARY-CONNECTED YOUTH IDENTIFIER.
new text end

new text begin (a) When a school district updates its enrollment forms in the ordinary course
of business, the district must include a box on the enrollment form to allow students
to self-identify as a military-connected youth. For purposes of this section, a
"military-connected youth" means having an immediate family member, including a
parent or sibling, who is currently in the armed forces either as a reservist or on active
duty or has recently retired from the armed forces.
new text end

new text begin (b) Data collected under this section is private data, but summary data may be
published by the Department of Education.
new text end

ARTICLE 9

UNSESSION CHANGES

Section 1.

Minnesota Statutes 2012, section 121A.36, is amended to read:

121A.36 MOTORCYCLE SAFETY EDUCATION PROGRAM.

Subdivision 1.

Established; administration; rules.

A motorcycle safety education
program is established. The program shall be administered by the deleted text begin commissioners
deleted text end new text begin commissioner new text end of public safety deleted text begin and education deleted text end . The program shall include but is not limited
to training and coordination of motorcycle safety instructors, motorcycle safety promotion
and public information, and reimbursement for the cost of approved courses offered by
schools and organizations.

Subd. 2.

Reimbursements.

The commissioner of deleted text begin education deleted text end new text begin public safety new text end , to the
extent that funds are available, may reimburse schools and other approved organizations
offering approved motorcycle safety education courses for up to 50 percent of the actual
cost of the courses. If sufficient funds are not available, reimbursements shall be prorated.
The commissioner may conduct audits and otherwise examine the records and accounts of
schools and approved organizations offering the courses to insure the accuracy of the costs.

Subd. 3.

Appropriation.

(a) All funds in the motorcycle safety fund created by
section 171.06, subdivision 2a, are hereby annually appropriated to the commissioner of
public safety to carry out the purposes of subdivisions 1 and 2. deleted text begin The commissioner of
public safety may make grants from the fund to the commissioner of education at such
times and in such amounts as the commissioner deems necessary to carry out the purposes
of subdivisions 1 and 2.
deleted text end

(b) Of the money appropriated under paragraph (a):

(1) not more than five percent shall be expended to defray the administrative costs
of carrying out the purposes of subdivisions 1 and 2; and

(2) not more than 65 percent shall be expended for the combined purpose of
training and coordinating the activities of motorcycle safety instructors and making
reimbursements to schools and other approved organizations.

Sec. 2.

Minnesota Statutes 2012, section 124D.141, subdivision 2, is amended to read:

Subd. 2.

Additional duties.

The following duties are added to those assigned
to the council under federal law:

(1) make recommendations on the most efficient and effective way to leverage state
and federal funding streams for early childhood and child care programs;

deleted text begin (2) make recommendations on how to coordinate or colocate early childhood and
child care programs in one state Office of Early Learning. The council shall establish a task
force to develop these recommendations. The task force shall include two nonexecutive
branch or nonlegislative branch representatives from the council; six representatives from
the early childhood caucus; two representatives each from the Departments of Education,
Human Services, and Health; one representative each from a local public health agency, a
local county human services agency, and a school district; and two representatives from
the private nonprofit organizations that support early childhood programs in Minnesota.
In developing recommendations in coordination with existing efforts of the council, the
task force shall consider how to:
deleted text end

deleted text begin (i) consolidate and coordinate resources and public funding streams for early
childhood education and child care, and ensure the accountability and coordinated
development of all early childhood education and child care services to children from birth
to kindergarten entrance;
deleted text end

deleted text begin (ii) create a seamless transition from early childhood programs to kindergarten;
deleted text end

deleted text begin (iii) encourage family choice by ensuring a mixed system of high-quality public and
private programs, with local points of entry, staffed by well-qualified professionals;
deleted text end

deleted text begin (iv) ensure parents a decisive role in the planning, operation, and evaluation of
programs that aid families in the care of children;
deleted text end

deleted text begin (v) provide consumer education and accessibility to early childhood education
and child care resources;
deleted text end

deleted text begin (vi) advance the quality of early childhood education and child care programs in order
to support the healthy development of children and preparation for their success in school;
deleted text end

deleted text begin (vii) develop a seamless service delivery system with local points of entry for early
childhood education and child care programs administered by local, state, and federal
agencies;
deleted text end

deleted text begin (viii) ensure effective collaboration between state and local child welfare programs
and early childhood mental health programs and the Office of Early Learning;
deleted text end

deleted text begin (ix) develop and manage an effective data collection system to support the necessary
functions of a coordinated system of early childhood education and child care in order to
enable accurate evaluation of its impact;
deleted text end

deleted text begin (x) respect and be sensitive to family values and cultural heritage; and
deleted text end

deleted text begin (xi) establish the administrative framework for and promote the development of
early childhood education and child care services in order to provide that these services,
staffed by well-qualified professionals, are available in every community for all families
that express a need for them.
deleted text end

deleted text begin In addition, the task force must consider the following responsibilities for transfer
to the Office of Early Learning:
deleted text end

deleted text begin (A) responsibilities of the commissioner of education for early childhood education
programs and financing under sections 119A.50 to 119A.535, 121A.16 to 121A.19, and
124D.129 to 124D.2211;
deleted text end

deleted text begin (B) responsibilities of the commissioner of human services for child care assistance,
child care development, and early childhood learning and child protection facilities
programs and financing under chapter 119B and section 256E.37; and
deleted text end

deleted text begin (C) responsibilities of the commissioner of health for family home visiting programs
and financing under section 145A.17.
deleted text end

deleted text begin Any costs incurred by the council in making these recommendations must be paid
from private funds. If no private funds are received, the council must not proceed in
making these recommendations. The council must report its recommendations to the
governor and the legislature by January 15, 2011;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end review program evaluations regarding high-quality early childhood programs;
new text begin and
new text end

deleted text begin (4) deleted text end new text begin (3) new text end make recommendations to the governor and legislature, including proposed
legislation on how to most effectively create a high-quality early childhood system in
Minnesota in order to improve the educational outcomes of children so that all children
are school-ready by 2020 deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (5) make recommendations to the governor and the legislature by March 1, 2011, on
the creation and implementation of a statewide school readiness report card to monitor
progress toward the goal of having all children ready for kindergarten by the year 2020.
The recommendations shall include what should be measured including both children and
system indicators, what benchmarks should be established to measure state progress
toward the goal, and how frequently the report card should be published. In making their
recommendations, the council shall consider the indicators and strategies for Minnesota's
early childhood system report, the Minnesota school readiness study, developmental
assessment at kindergarten entrance, and the work of the council's accountability
committee. Any costs incurred by the council in making these recommendations must be
paid from private funds. If no private funds are received, the council must not proceed in
making these recommendations; and
deleted text end

deleted text begin (6) make recommendations to the governor and the legislature on how to screen
earlier and comprehensively assess children for school readiness in order to provide
increased early interventions and increase the number of children ready for kindergarten.
In formulating their recommendations, the council shall consider (i) ways to interface
with parents of children who are not participating in early childhood education or care
programs, (ii) ways to interface with family child care providers, child care centers, and
school-based early childhood and Head Start programs, (iii) if there are age-appropriate
and culturally sensitive screening and assessment tools for three-, four-, and five-year-olds,
(iv) the role of the medical community in screening, (v) incentives for parents to have
children screened at an earlier age, (vi) incentives for early education and care providers
to comprehensively assess children in order to improve instructional practice, (vii) how to
phase in increases in screening and assessment over time, (viii) how the screening and
assessment data will be collected and used and who will have access to the data, (ix)
how to monitor progress toward the goal of having 50 percent of three-year-old children
screened and 50 percent of entering kindergarteners assessed for school readiness by 2015
and 100 percent of three-year-old children screened and entering kindergarteners assessed
for school readiness by 2020, and (x) costs to meet these benchmarks. The council shall
consider the screening instruments and comprehensive assessment tools used in Minnesota
early childhood education and care programs and kindergarten. The council may survey
early childhood education and care programs in the state to determine the screening and
assessment tools being used or rely on previously collected survey data, if available. For
purposes of this subdivision, "school readiness" is defined as the child's skills, knowledge,
and behaviors at kindergarten entrance in these areas of child development: social;
self-regulation; cognitive, including language, literacy, and mathematical thinking; and
physical. For purposes of this subdivision, "screening" is defined as the activities used to
identify a child who may need further evaluation to determine delay in development or
disability. For purposes of this subdivision, "assessment" is defined as the activities used
to determine a child's level of performance in order to promote the child's learning and
development. Work on this duty will begin in fiscal year 2012. Any costs incurred by the
council in making these recommendations must be paid from private funds. If no private
funds are received, the council must not proceed in making these recommendations. The
council must report its recommendations to the governor and legislature by January 15,
2013, with an interim report on February 15, 2011.
deleted text end

Sec. 3.

Minnesota Statutes 2012, section 124D.141, subdivision 3, is amended to read:

Subd. 3.

Administration.

deleted text begin An amount up to $12,500 from federal child care and
development fund administrative funds and up to $12,500 from prekindergarten exploratory
project funds appropriated under Laws 2007, chapter 147, article 19, section 3, may be
used to reimburse the parents on the council and for technical assistance and administrative
support of the State Advisory Council on Early Childhood Education and Care. This
funding stream is for fiscal year 2009. deleted text end The council may pursue additional funds from state,
federal, and private sources. deleted text begin If additional operational funds are received, the council must
reduce the amount of prekindergarten exploratory project funds used in an equal amount.
deleted text end

Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 121A.36, as
section 171.335. The revisor of statutes shall also make cross-reference changes in
Minnesota Statutes and Minnesota Rules consistent with the renumbering.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 119A.04, subdivision 3; 120A.30; 120B.19;
120B.24; 121A.17, subdivision 9; 122A.52; 122A.53; 122A.61, subdivision 2; 122A.71;
124D.24; 124D.25; 124D.26; 124D.27; 124D.28; 124D.29; 124D.30; and 124D.31, new text end new text begin are
repealed.
new text end

ARTICLE 10

UNSESSION CONFORMING CHANGES

Section 1.

Minnesota Statutes 2012, section 120A.22, subdivision 2, is amended to read:

Subd. 2.

Applicability.

This section and sections 120A.24; 120A.26; deleted text begin 120A.30;
deleted text end 120A.32; and 120A.34 apply only to a child required to receive instruction according to
subdivision 5 and to instruction that is intended to fulfill that requirement.

Sec. 2.

Minnesota Statutes 2012, section 120A.32, is amended to read:

120A.32 OFFICERS, TEACHERS; NEGLECT OF DUTY; PENALTY.

Any school officer, truant officer, public or nonpublic school teacher, principal,
district superintendent, or person providing instruction other than a parent refusing,
willfully failing, or neglecting to perform any duty imposed by sections 120A.22 to
deleted text begin 120A.30 deleted text end new text begin 120A.26 new text end , 120A.35, 120A.41, and 123B.03 is guilty of a misdemeanor. All
persons found guilty shall be punished for each offense by a fine of not more than $10 or
by imprisonment for not more than ten days. All fines, when collected, shall be paid into
the county treasury for the benefit of the school district in which the offense is committed.

Sec. 3.

Minnesota Statutes 2012, section 122A.09, subdivision 7, is amended to read:

Subd. 7.

Commissioner's assistance; board money.

The commissioner shall
provide all necessary materials and assistance for the transaction of the business of the
Board of Teaching and all moneys received by the Board of Teaching shall be paid into
the state treasury as provided by law. The expenses of administering sections 122A.01,
122A.05 to 122A.09, 122A.15, 122A.16, 122A.17, 122A.18, 122A.20, 122A.21, 122A.22,
122A.23, 122A.26, 122A.30, 122A.40, 122A.41, 122A.42, 122A.45, 122A.49, deleted text begin 122A.52,
122A.53, deleted text end 122A.54, 122A.55, 122A.56, 122A.57, and 122A.58 which are incurred by the
Board of Teaching shall be paid for from appropriations made to the Board of Teaching.

Sec. 4.

Minnesota Statutes 2012, section 127A.41, subdivision 7, is amended to read:

Subd. 7.

Schedule adjustments.

(a) It is the intention of the legislature to encourage
efficient and effective use of staff and facilities by districts. Districts are encouraged to
consider both cost and energy saving measures.

(b) Any district operating a program pursuant to sections 124D.12 to 124D.127 deleted text begin , deleted text end new text begin or
new text end 124D.128, deleted text begin or 124D.25 to 124D.29, deleted text end or operating a commissioner-designated area learning
center program under section 123A.09, or that otherwise receives the approval of the
commissioner to operate its instructional program to avoid an aid reduction in any year,
may adjust the annual school schedule for that program throughout the calendar year.