SF 3001

5th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; providing for prekindergarten through grade 12 education;
including general education, education excellence, special programs, libraries,
state agencies, and self-sufficiency and lifelong learning; amending Minnesota
Statutes 2006, sections 13.32, by adding subdivisions; 120A.22, subdivisions
5, 6; 120A.24, subdivision 1; 120B.02; 120B.021, subdivision 1a; 120B.023,
subdivision 2; 120B.31, as amended; 120B.35, as amended; 120B.36, as
amended; 120B.362; 121A.035, subdivision 2; 121A.037; 122A.06, subdivision
4; 122A.07, subdivisions 2, 3; 122A.09, subdivision 4; 122A.14, by adding
subdivisions; 122A.18, subdivisions 2, 2a, by adding subdivisions; 122A.75,
subdivision 1; 123B.02, subdivision 21; 123B.14, subdivision 7; 123B.51, by
adding a subdivision; 123B.77, subdivision 3; 123B.81, subdivisions 3, 5;
123B.83, subdivision 3; 124D.09, subdivision 5; 124D.095, subdivision 10;
124D.10, subdivisions 2a, 4a, 6, 6a, 7, 8, 20, 23; 124D.19, subdivision 14;
124D.522; 124D.60, subdivision 1; 125A.15; 125A.51; 125A.65, subdivision
4; 125A.744, subdivision 3; 126C.40, subdivision 6; 134.31, subdivision 6,
by adding a subdivision; 260C.007, subdivision 19; 299F.30, subdivision
1; Minnesota Statutes 2007 Supplement, sections 120B.021, subdivision
1; 120B.024; 120B.30; 123B.143, subdivision 1; 123B.81, subdivision 4;
124D.095, subdivisions 4, 7; 124D.10, subdivisions 4, 23a; 125A.14; 125A.76,
subdivision 2; 134.31, subdivision 4a; proposing coding for new law in
Minnesota Statutes, chapters 1; 120B; 121A; 124D; 125B; 127A; repealing
Minnesota Statutes 2006, sections 120A.22, subdivision 8; 121A.67; 125A.16;
125A.19; 125A.20; 125A.57; Laws 2006, chapter 263, article 3, section 16.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2006, section 123B.02, subdivision 21, is amended to
read:

Subd. 21.

Wind energy conversion system.

The board new text begin , or more than one board
acting jointly under the authority granted by section 471.59, new text end may construct, acquire, own
in whole or in part, operate, and sell and retain and spend the payment received from
selling energy from a wind energy conversion system, as defined in section 216C.06,
subdivision 19. The board's share of the installed capacity of the wind energy conversion
systems authorized by this subdivision must not exceed 3.3 megawatts of nameplate
capacity. A board owning, operating, or selling energy from a wind energy conversion
system must integrate information about wind energy conversion systems in its educational
programming. new text begin The board, or more than one board acting jointly under the authority
granted by section 471.59, may be a limited partner in a partnership, a member of a limited
liability company, or a shareholder in a corporation, established for the sole purpose of
constructing, acquiring, owning in whole or in part, financing, or operating a wind energy
conversion system for the benefit of the district or districts in accordance with this section. 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 2006, section 123B.14, subdivision 7, is amended to read:

Subd. 7.

Clerk records.

The clerk shall keep a record of all meetings of the
district and the board in books provided by the district for that purpose. The clerk shall,
within three days after an election, notify all persons elected of their election. By deleted text begin August deleted text end
new text begin September new text end 15 of each year the clerk shall file with the board a report of the revenues,
expenditures and balances in each fund for the preceding fiscal year. The report together
with vouchers and supporting documents shall subsequently be examined by a public
accountant or the state auditor, either of whom shall be paid by the district, as provided
in section 123B.77, subdivision 3. The board shall by resolution approve the report or
require a further or amended report. By deleted text begin August deleted text end new text begin September new text end 15 of each year, the clerk shall
make and transmit to the commissioner certified reports, showing:

deleted text begin (1) The condition and value of school property;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end The revenues and expenditures in detail, and such other financial information
required by law, rule, or as may be called for by the commissioner;

deleted text begin (3) deleted text end new text begin (2) new text end The length of school term and the enrollment and attendance by grades; and

deleted text begin (4) deleted text end new text begin (3) new text end Such other items of information as may be called for by the commissioner.

The clerk shall enter in the clerk's record book copies of all reports and of the
teachers' term reports, as they appear in the registers, and of the proceedings of any
meeting as furnished by the clerk pro tem, and keep an itemized account of all the
expenses of the district. The clerk shall furnish to the auditor of the proper county, by
deleted text begin October 10 deleted text end new text begin September 30 new text end of each year, an attested copy of the clerk's record, showing the
amount of deleted text begin money deleted text end new text begin proposed property taxes new text end voted by the district or the board for school
purposes; draw and sign all orders upon the treasurer for the payment of money for bills
allowed by the board for salaries of officers and for teachers' wages and all claims, to be
countersigned by the chair. Such orders must state the consideration, payee, and the
fund and the clerk shall take a receipt therefor. Teachers' wages shall have preference in
the order in which they become due, and no money applicable for teachers' wages shall
be used for any other purpose, nor shall teachers' wages be paid from any fund except
that raised or apportioned for that purpose.

Sec. 3.

Minnesota Statutes 2007 Supplement, section 123B.143, subdivision 1, is
amended to read:

Subdivision 1.

Contract; duties.

All districts maintaining a classified secondary
school must employ a superintendent who shall be an ex officio nonvoting member of the
school board. The authority for selection and employment of a superintendent must be
vested in the board in all cases. An individual employed by a board as a superintendent
shall have an initial employment contract for a period of time no longer than three years
from the date of employment. Any subsequent employment contract must not exceed a
period of three years. A board, at its discretion, may or may not renew an employment
contract. A board must not, by action or inaction, extend the duration of an existing
employment contract. Beginning 365 days prior to the expiration date of an existing
employment contract, a board may negotiate and enter into a subsequent employment
contract to take effect upon the expiration of the existing contract. A subsequent contract
must be contingent upon the employee completing the terms of an existing contract. If a
contract between a board and a superintendent is terminated prior to the date specified in
the contract, the board may not enter into another superintendent contract with that same
individual that has a term that extends beyond the date specified in the terminated contract.
A board may terminate a superintendent during the term of an employment contract for any
of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
not rely upon an employment contract with a board to assert any other continuing contract
rights in the position of superintendent under section 122A.40. Notwithstanding the
provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
to the contrary, no individual shall have a right to employment as a superintendent based
on order of employment in any district. If two or more districts enter into an agreement for
the purchase or sharing of the services of a superintendent, the contracting districts have
the absolute right to select one of the individuals employed to serve as superintendent
in one of the contracting districts and no individual has a right to employment as the
superintendent to provide all or part of the services based on order of employment in a
contracting district. The superintendent of a district shall perform the following:

(1) visit and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;

(2) recommend to the board employment and dismissal of teachers;

(3) superintend school grading practices and examinations for promotions;

(4) make reports required by the commissioner;

(5) by deleted text begin January deleted text end new text begin August new text end 10, new text begin 2009, and each year thereafter, new text end submit an annual report
to the commissioner in a manner prescribed by the commissioner, in consultation with
school districts, deleted text begin identifying the expenditures that the district requires to ensure an 80
percent student passage rate on the MCA-IIs taken in the eighth grade, deleted text end identifying the
highest student passage rate the district expects it will be able to attain on the deleted text begin MCA-IIs deleted text end new text begin
GRAD new text end by grade 12, and the amount of expenditures that the district requires to attain the
targeted student passage rate; and

(6) perform other duties prescribed by the board.

Sec. 4.

Minnesota Statutes 2006, section 123B.77, subdivision 3, is amended to read:

Subd. 3.

Statement for comparison and correction.

(a) By November 30 of the
calendar year of the submission of the unaudited financial data, the district must provide to
the commissioner audited financial data for the preceding fiscal year. The audit must be
conducted in compliance with generally accepted governmental auditing standards, the
federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office
of the State Auditor. An audited financial statement prepared in a form which will allow
comparison with and correction of material differences in the unaudited financial data
shall be submitted to the commissioner and the state auditor by December 31. The audited
financial statement must also provide a statement of assurance pertaining to uniform
financial accounting and reporting standards compliance and a copy of the management
letter submitted to the district by the school district's auditor.

(b) By deleted text begin January deleted text end new text begin February new text end 15 of the calendar year following the submission of the
unaudited financial data, the commissioner shall convert the audited financial data
required by this subdivision into the consolidated financial statement format required
under subdivision 1a and publish the information on the department's Web site.

Sec. 5.

Minnesota Statutes 2006, section 123B.81, subdivision 3, is amended to read:

Subd. 3.

Debt verification.

The commissioner shall establish a uniform auditing or
other verification procedure for districts to determine whether a statutory operating debt
exists in any Minnesota school district deleted text begin as of June 30, 1977. This procedure must identify
all interfund transfers made during fiscal year 1977 from a fund included in computing
statutory operating debt to a fund not included in computing statutory operating debt deleted text end .
The standards for this uniform auditing or verification procedure must be promulgated
by the state board pursuant to chapter 14. If a district applies to the commissioner for
a statutory operating debt verification deleted text begin or if the unaudited financial statement for the
school year ending June 30, 1977 reveals that a statutory operating debt might exist deleted text end , the
commissioner shall require a verification of the amount of the statutory operating debt
which actually does exist.

Sec. 6.

Minnesota Statutes 2007 Supplement, section 123B.81, subdivision 4, is
amended to read:

Subd. 4.

Debt elimination.

If an audit or other verification procedure conducted
pursuant to subdivision 3 determines that a statutory operating debt exists, a district
must follow the procedures set forth in deleted text begin this deleted text end section new text begin 123B.83 new text end to eliminate this statutory
operating debt.

Sec. 7.

Minnesota Statutes 2006, section 123B.81, subdivision 5, is amended to read:

Subd. 5.

Certification of debt.

The commissioner shall certify the amount of
statutory operating debt for each district. deleted text begin Prior to June 30, 1979, the commissioner may,
on the basis of corrected figures, adjust the total amount of statutory operating debt
certified for any district.
deleted text end

Sec. 8.

Minnesota Statutes 2006, section 123B.83, subdivision 3, is amended to read:

Subd. 3.

Failure to limit expenditures.

If a district does not limit its expenditures in
accordance with this section, the commissioner may so notify the appropriate committees
of the legislature by no later than deleted text begin January 1 deleted text end new text begin February 15 new text end of the year following the end
of that fiscal year.

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

new text begin [1.1499] STATE SPORT.
new text end

new text begin Ice hockey is adopted as the official sport of the state of Minnesota.
new text end

Sec. 2.

Minnesota Statutes 2006, section 13.32, is amended by adding a subdivision to
read:

new text begin Subd. 8a. new text end

new text begin Access to student records; school conferences. new text end

new text begin (a) A parent or guardian
of a student may designate an individual, defined under paragraph (c), to participate in a
school conference involving the child of the parent or guardian. The parent or guardian
must provide the school with prior written consent allowing the significant individual to
participate in the conference and to receive any data on the child of the consenting parent
or guardian that is necessary and relevant to the conference discussions. The consenting
parent or guardian may withdraw consent, in writing, at any time.
new text end

new text begin (b) A school may accept the following form, or another consent to release student
data form, as sufficient to meet the requirements of this subdivision:
new text end

new text begin "CONSENT TO PARTICIPATE IN CONFERENCES AND
RECEIVE STUDENT DATA
new text end

new text begin I, ........................................... (Name of parent or guardian), as parent or guardian of
........................................... (Name of child), consent to allow ...........................................
(Name of an individual) to participate in school conferences and receive student data
relating to the above-named child, consistent with Minnesota Statutes, section 13.32,
subdivision 8a. I understand that I may withdraw my consent, upon written request, at
any time.
new text end

new text begin (Signature of parent or guardian) new text end
new text begin (Date)" new text end

new text begin (c) For purposes of this section, "an individual" means one additional adult
designated by a child's parent or guardian to attend school-related activities and
conferences.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2008-2009 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2006, section 13.32, is amended by adding a subdivision to
read:

new text begin Subd. 11. new text end

new text begin Data to improve instruction. new text end

new text begin The Minnesota Department of Education
and the Minnesota Office of Higher Education may each share educational data with
the other agency for the purpose of analyzing and improving school district instruction,
consistent with Code of Federal Regulations, title 34, section 99.31(a)(6). The educational
data that may be shared between the two agencies under this subdivision must be limited
to:
new text end

new text begin (1) student attendance data that include the name of the school or institution, school
district, the year or term of attendance, and term type;
new text end

new text begin (2) student demographic and enrollment data;
new text end

new text begin (3) student academic performance and testing data; and
new text end

new text begin (4) any special academic services provided to a student.
new text end

new text begin Any analysis of or report on these data must contain only summary data.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2006, section 120A.22, subdivision 5, is amended to read:

Subd. 5.

Ages and terms.

(a) new text begin For the 2008-2009, 2009-2010, and 2010-2011 school
years, new text end every child between new text begin age new text end seven and 16 years of age must receive instruction. new text begin For
the 2011-2012 and later school years, every child between age seven or enrollment in
first grade and 18 years of age must receive instruction unless the child has completed
the requirements for graduation. new text end Every child under the age of seven who is enrolled in
a half-day kindergarten, or a full-day kindergarten program on alternate days, or other
kindergarten programs shall receive instruction. deleted text begin Except as provided in subdivision 6, a
parent may withdraw a child under the age of seven from enrollment at any time.
deleted text end

(b) A school district by annual board action may require children subject to this
subdivision to receive instruction in summer school. A district that acts to require children
to receive instruction in summer school shall establish at the time of its action the criteria
for determining which children must receive instruction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2008-2009 school year and
later.
new text end

Sec. 5.

Minnesota Statutes 2006, section 120A.22, subdivision 6, is amended to read:

Subd. 6.

Children under seven.

(a) Once a pupil under the age of seven is enrolled
in deleted text begin kindergarten deleted text end new text begin first grade new text end or a higher grade in a public school, the pupil is subject to the
compulsory attendance provisions of this chapter and section 120A.34, unless the board of
the district in which the pupil is enrolled has a policy that exempts children under seven
from this subdivision new text begin or paragraph (b) applies new text end .

deleted text begin (b) In a district in which children under seven are subject to compulsory attendance
under this subdivision, paragraphs (c) to (e) apply.
deleted text end

deleted text begin (c) A parent or guardian may withdraw the pupil from enrollment in the school for
good cause by notifying the district. Good cause includes, but is not limited to, enrollment
of the pupil in another school, as defined in subdivision 4, or the immaturity of the child.
deleted text end

deleted text begin (d) When the pupil enrolls, the enrolling official must provide the parent or guardian
who enrolls the pupil with a written explanation of the provisions of this subdivision.
deleted text end

deleted text begin (e) A pupil under the age of seven who is withdrawn from enrollment in the public
school under paragraph (c) is no longer subject to the compulsory attendance provisions
of this chapter.
deleted text end

deleted text begin (f) deleted text end new text begin (b) This subdivision does not apply to:
new text end

new text begin (1) a kindergartner under age seven whose parent withdraws the child after notifying
the district; and
new text end

new text begin (2) a child under age seven enrolled in first grade whose parent withdraws the child
after notifying the district and enrolls the child in another school under subdivision 4.
new text end

new text begin (c) new text end In a district that had adopted a policy to exempt children under seven from this
subdivision, the district's chief attendance officer must keep the truancy enforcement
authorities supplied with a copy of the board's current policy certified by the clerk of
the board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2008-2009 school year and
later.
new text end

Sec. 6.

Minnesota Statutes 2006, section 120A.24, subdivision 1, is amended to read:

Subdivision 1.

Reports to superintendent.

The person in charge of providing
instruction to a child new text begin between the ages of seven and 16 new text end must submit the following
information to the superintendent of the district in which the child resides:

(1) by October 1 of each school year, the name, birth date, and address of each
child receiving instruction;

(2) the name of each instructor and evidence of compliance with one of the
requirements specified in section 120A.22, subdivision 10;

(3) an annual instructional calendar; and

(4) for each child instructed by a parent who meets only the requirement of section
120A.22, subdivision 10, clause (6), a quarterly report card on the achievement of the
child in each subject area required in section 120A.22, subdivision 9.

Sec. 7.

Minnesota Statutes 2006, section 120B.02, is amended to read:

120B.02 EDUCATIONAL EXPECTATIONS FOR MINNESOTA'S
STUDENTS.

(a) The legislature is committed to establishing rigorous academic standards for
Minnesota's public school students. To that end, the commissioner shall adopt in rule
statewide academic standards. The commissioner shall not prescribe in rule or otherwise
the delivery system, classroom assessments, or form of instruction that school sites must
use. For purposes of this chapter, a school site is a separate facility, or a separate program
within a facility that a local school board recognizes as a school site for funding purposes.

(b) All commissioner actions regarding the rule must be premised on the following:

(1) the rule is intended to raise academic expectations for students, teachers, and
schools;

(2) any state action regarding the rule must evidence consideration of school district
autonomy; and

(3) the Department of Education, with the assistance of school districts, must make
available information about all state initiatives related to the rule to students and parents,
teachers, and the general public in a timely format that is appropriate, comprehensive, and
readily understandable.

(c) When fully implemented, the requirements for high school graduation in
Minnesota must require students to satisfactorily complete, as determined by the school
district, the course credit requirements under section 120B.024 and deleted text begin : deleted text end new text begin successfully pass
graduation examinations as required under section 120B.30.
new text end

deleted text begin (1) for students enrolled in grade 8 before the 2005-2006 school year, to pass the
basic skills test requirements; and
deleted text end

deleted text begin (2) for students enrolled in grade 8 in the 2005-2006 school year and later, to pass
the Minnesota Comprehensive Assessments Second Edition (MCA-IIs).
deleted text end

(d) The commissioner shall periodically review and report on the state's assessment
process.

(e) School districts are not required to adopt specific provisions of the federal
School-to-Work programs.

Sec. 8.

Minnesota Statutes 2007 Supplement, section 120B.021, subdivision 1, is
amended to read:

Subdivision 1.

Required academic standards.

new text begin (a) new text end The following subject areas
are required for statewide accountability:

(1) language arts;

(2) mathematics;

(3) science;

(4) social studies, including history, geography, economics, and government and
citizenship;

(5) new text begin physical education;
new text end

new text begin (6) new text end health deleted text begin and physical education deleted text end , for which locally developed academic standards
apply; and

deleted text begin (6) deleted text end new text begin (7) new text end the arts, for which statewide or locally developed academic standards apply,
as determined by the school district. Public elementary and middle schools must offer at
least three and require at least two of the following four arts areas: dance; music; theater;
and visual arts. Public high schools must offer at least three and require at least one of the
following five arts areas: media arts; dance; music; theater; and visual arts.

new text begin (b) To satisfy this subdivision and the one-half credit physical education requirement
under section 120B.024, paragraph (a), clause (6), the state physical education standard
under paragraph (a) of this subdivision selected by a school district must be consistent
with either the six physical education standards developed by the department's quality
teaching network or the six National Physical Education Standards developed by the
National Association for Sport and Physical Education. To satisfy federal reporting
requirements for continued funding under Title VII of the Physical Education for Progress
Act, a school district must notify the department, if applicable, of its intent to comply with
this subdivision. School districts and charter schools also must use either the department's
physical education standards or the national physical education standards under this
paragraph to comply with paragraph (a), clause (5), in providing physical education
instruction and programs to students in kindergarten through grade 8.
new text end

new text begin (c) new text end The commissioner must submit proposed standards in science and social studies
to the legislature by February 1, 2004.

new text begin (d) new text end For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, deleted text begin except the very few students
with extreme cognitive or physical impairments for whom an individualized education
plan team has determined that the required academic standards are inappropriate. An
individualized education plan team that makes this determination must establish alternative
standards deleted text end new text begin with appropriate alternate achievement standards based on these academic
standards for students with individualized education plans as described under federal law new text end .

new text begin (e) new text end A school district, no later than the 2007-2008 school year, must adopt graduation
requirements that meet or exceed state graduation requirements established in law or
rule. A school district that incorporates these state graduation requirements before the
2007-2008 school year must provide students who enter the 9th grade in or before
the 2003-2004 school year the opportunity to earn a diploma based on existing locally
established graduation requirements in effect when the students entered the 9th grade.
District efforts to develop, implement, or improve instruction or curriculum as a result
of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.

new text begin (f) new text end The commissioner must include the contributions of Minnesota American Indian
tribes and communities as they relate to the academic standards during the review and
revision of the required academic standards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
except that paragraph (a), clause (5), applies to students entering the ninth grade in the
2009-2010 school year and later.
new text end

Sec. 9.

Minnesota Statutes 2006, section 120B.021, subdivision 1a, is amended to read:

Subd. 1a.

Rigorous course of study; waiver.

(a) Upon receiving a student's
application signed by the student's parent or guardian, a school district, area learning
center, or charter school must declare that a student meets or exceeds a specific academic
standard required for graduation under this section if the local school board, the school
board of the school district in which the area learning center is located, or the charter
school board of directors determines that the student:

(1) is participating in a course of study, including an advanced placement or
international baccalaureate course or program; a learning opportunity outside the
curriculum of the district, area learning center, or charter school; or an approved
preparatory program for employment or postsecondary education that is equally or more
rigorous than the corresponding state or local academic standard required by the district,
area learning center, or charter school;

(2) would be precluded from participating in the rigorous course of study, learning
opportunity, or preparatory employment or postsecondary education program if the student
were required to achieve the academic standard to be waived; and

(3) satisfactorily completes the requirements for the rigorous course of study,
learning opportunity, or preparatory employment or postsecondary education program.

Consistent with the requirements of this section, the local school board, the school board
of the school district in which the area learning center is located, or the charter school
board of directors also may formally determine other circumstances in which to declare
that a student meets or exceeds a specific academic standard that the site requires for
graduation under this section.

(b) A student who satisfactorily completes a postsecondary enrollment options
course or program under section 124D.09, or an advanced placement or international
baccalaureate course or program under section 120B.13, is not required to complete other
requirements of the academic standards corresponding to that specific rigorous course
of study.

new text begin (c) A school board may exempt a student from the physical education graduation
requirement under section 120B.024, if the board declares that the student demonstrated
mastery of the subject matter or participation in another learning opportunity, including
a Minnesota High School League athletic activity, that meets or exceeds the physical
education standards required for graduation. This waiver does not reduce the total credits
required for graduation.
new text end

Sec. 10.

Minnesota Statutes 2006, section 120B.023, subdivision 2, is amended to read:

Subd. 2.

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 review cycle for state academic standards
and related benchmarks, consistent with this subdivision. During each review cycle, the
commissioner also must examine the alignment of each required academic standard and
related benchmark with the knowledge and skills students need for college readiness and
advanced work in the particular subject area.

(b) The commissioner in the 2006-2007 school year must revise and align the state's
academic standards and high school graduation requirements in mathematics to require
that students satisfactorily complete the revised mathematics standards, beginning in the
2010-2011 school year. Under the revised standards:

(1) students must satisfactorily complete an algebra I credit by the end of eighth
grade; and

(2) students scheduled to graduate in the 2014-2015 school year or later must
satisfactorily complete an algebra II credit or its equivalent.

The commissioner also must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 deleted text begin and 11 deleted text end beginning in the 2010-2011 school
year are aligned with the state academic standards in mathematics. new text begin The commissioner
must ensure that new text end the statewide deleted text begin 11th grade deleted text end mathematics deleted text begin test deleted text end new text begin assessment new text end administered to
students deleted text begin under clause (2) deleted text end new text begin in grade 11 new text end beginning in the 2013-2014 school year deleted text begin must
include deleted text end new text begin is aligned with state academic standards in mathematics, including new text end algebra II test
items deleted text begin that are aligned with corresponding state academic standards in mathematics deleted text end . The
commissioner must implement a review of the academic standards and related benchmarks
in mathematics beginning in the 2015-2016 school year.

(c) The commissioner in the 2007-2008 school year must revise and align the state's
academic standards and high school graduation requirements in the arts to require that
students satisfactorily complete the revised arts standards beginning in the 2010-2011
school year. The commissioner must implement a review of the academic standards and
related benchmarks in arts beginning in the 2016-2017 school year.

(d) The commissioner in the 2008-2009 school year must revise and align the
state's academic standards and high school graduation requirements in science to require
that students satisfactorily complete the revised science standards, beginning in the
2011-2012 school year. new text begin The commissioner also must ensure that the statewide science
assessments administered to students under section 120B.30, subdivision 1a, beginning
in the 2011-2012 school year, are aligned with the state academic standards in science.
new text end Under the revised standards, students scheduled to graduate in the 2014-2015 school year
or later must satisfactorily complete a chemistry or physics credit. The commissioner
must implement a review of the academic standards and related benchmarks in science
beginning in the 2017-2018 school year.

(e) The commissioner in the 2009-2010 school year must revise and align the state's
academic standards and high school graduation requirements in language arts to require
that students satisfactorily complete the revised language arts standards beginning in the
2012-2013 school year. new text begin The commissioner also must ensure that the statewide language
arts assessments administered to students in grades 3 through 8 and grade 10 beginning
in the 2012-2013 school year are aligned with the state academic standards in language
arts. new text end The commissioner must implement a review of the academic standards and related
benchmarks in language arts beginning in the 2018-2019 school year.

(f) The commissioner in the 2010-2011 school year must revise and align the state's
academic standards and high school graduation requirements in social studies to require
that students satisfactorily complete the revised social studies standards beginning in the
2013-2014 school year. The commissioner must implement a review of the academic
standards and related benchmarks in social studies beginning in the 2019-2020 school year.

(g) School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, physical education, 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, physical education, world
languages, and career and technical education.

Sec. 11.

Minnesota Statutes 2007 Supplement, section 120B.024, is amended to read:

120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.

(a) Students beginning 9th grade in the 2004-2005 school year and later must
successfully complete the following high school level course credits for graduation:

(1) four credits of language arts;

(2) three credits of mathematics, encompassing at least algebra, geometry, statistics,
and probability sufficient to satisfy the academic standard;

(3) three credits of science, including at least one credit in biology;

(4) three and one-half credits of social studies, encompassing at least United
States history, geography, government and citizenship, world history, and economics or
three credits of social studies encompassing at least United States history, geography,
government and citizenship, and world history, and one-half credit of economics taught in
a school's social studies, agriculture education, or business department;

(5) one credit in the arts; deleted text begin and
deleted text end

(6) new text begin one-half credit of physical education; and
new text end

new text begin (7) new text end a minimum of deleted text begin seven deleted text end new text begin six and one-half new text end elective course credits.

A course credit is equivalent to a student successfully completing an academic
year of study or a student mastering the applicable subject matter, as determined by the
local school district.

(b) An agriculture science course may fulfill a science credit requirement in addition
to the specified science credits in biology and chemistry or physics under paragraph (a),
clause (3).

(c) A career and technical education course may fulfill a science, mathematics, or
arts credit requirement in addition to the specified science, mathematics, or arts credits
under paragraph (a), clause (2), (3), or (5).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to students entering ninth grade in the 2009-2010 school year and later.
new text end

Sec. 12.

new text begin [120B.299] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Growth. new text end

new text begin "Growth" compares the difference between a student's
achievement score at two distinct points in time.
new text end

new text begin Subd. 3. new text end

new text begin Value-added. new text end

new text begin "Value-added" is the amount of achievement a student
demonstrates above an established baseline. Value-added models are statistical models
that require longitudinal student-level data and vertically scaled assessments that attempt
to estimate what portion of a student's growth can be explained by various education
program characteristics.
new text end

new text begin Subd. 4. new text end

new text begin Growth-based value-added. new text end

new text begin "Growth-based value-added" is a
value-added system of assessments that measures the difference between an established
baseline of growth and a student's growth over time.
new text end

new text begin Subd. 5. new text end

new text begin Adequate yearly progress. new text end

new text begin "Adequate yearly progress" compares the
average achievement of two different groups of students at two different points in time.
new text end

new text begin Subd. 6. new text end

new text begin State growth norm. new text end

new text begin (a) "State growth norm" is an established statewide
percentile or standard applicable to all students in a particular grade benchmarked to an
established school year.
new text end

new text begin (b) Beginning in the 2008-2009 school year, the state growth norm is benchmarked
to 2006-2007 school year data until the commissioner next changes the vertically linked
scale score.
new text end

new text begin (c) Each time the commissioner changes the vertically linked scale score, a
recognized Minnesota assessment group composed of assessment and evaluation directors
and staff and researchers, in collaboration with the Independent Office of Educational
Accountability under section 120B.31, subdivision 3, must recommend a new state
growth norm that the commissioner must consider when revising standards under section
120B.023, subdivision 2.
new text end

new text begin Subd. 7. new text end

new text begin Typical growth. new text end

new text begin "Typical growth" is the average statewide growth
in the vertical scale from one school year to the next for students with similar prior
academic achievement and is based on the most recent benchmarked year. Typical growth
is calculated by grouping together all students with similar achievement scores in the
most recent benchmarked year and then determining the students' average amount of
achievement growth in the subsequent year.
new text end

new text begin Subd. 8. new text end

new text begin Accelerated growth. new text end

new text begin "Accelerated growth" is the statewide growth in the
vertical scale from one school year to the next that is above average when compared to
students' academic achievement and is based on the most recent benchmarked year.
new text end

new text begin Subd. 9. new text end

new text begin Growth-to-standard. new text end

new text begin "Growth-to-standard" is the statewide growth in the
vertical scale for those students in the most recent benchmarked year who are projected to
demonstrate proficiency by the end of eighth grade.
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. 13.

Minnesota Statutes 2007 Supplement, section 120B.30, is amended to read:

120B.30 STATEWIDE TESTING AND REPORTING SYSTEM.

Subdivision 1.

Statewide testing.

(a) The commissioner, with advice from experts
with appropriate technical qualifications and experience and stakeholders, consistent with
subdivision 1a, shall include in the comprehensive assessment system, for each grade
level to be tested, state-constructed tests developed from and aligned with the state's
required academic standards under section 120B.021 and administered annually to all
students in grades 3 through 8 and at the high school level. A state-developed test in a
subject other than writing deleted text begin , developed after the 2002-2003 school year, deleted text end must include both
machine-scoreable and constructed response questions. The commissioner shall establish
one or more months during which schools shall administer the tests to students each
school year. new text begin Schools that the commissioner identifies for stand-alone field testing or other
national sampling must participate as directed. Superintendents or charter school directors
may appeal in writing to the commissioner for an exemption from a field test based on
undue hardship. The commissioner's decision regarding the appeal is final. new text end For students
enrolled in grade 8 before the 2005-2006 school year, only Minnesota basic skills tests in
reading, mathematics, and writing shall fulfill students' basic skills testing requirements for
a passing state notation. The passing scores of basic skills tests in reading and mathematics
are the equivalent of 75 percent correct for students entering grade 9 deleted text begin in 1997 and thereafter,
as deleted text end based on the first uniform test deleted text begin administration of deleted text end new text begin administered in new text end February 1998.

(b) For students enrolled in grade 8 in the 2005-2006 school year and later, only the
following options shall fulfill students' state graduation test requirements:

(1) for reading and mathematics:

(i) obtaining an achievement level equivalent to or greater than proficient as
determined through a standard setting process on the Minnesota comprehensive
assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing
score as determined through a standard setting process on the graduation-required
assessment for diploma in grade 10 for reading and grade 11 for mathematics or
subsequent retests;

(ii) achieving a passing score as determined through a standard setting process on the
state-identified language proficiency test in reading and the mathematics test for English
language learners or the graduation-required assessment for diploma equivalent of those
assessments for students designated as English language learners;

(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan;

(iv) obtaining achievement level equivalent to or greater than proficient as
determined through a standard setting process on the state-identified alternate assessment
or assessments in grade 10 for reading and grade 11 for mathematics for students with
an individual education plan; or

(v) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan; and

(2) for writing:

(i) achieving a passing score on the graduation-required assessment for diploma;

(ii) achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in writing for students designated as English
language learners;

(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan; or

(iv) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan.

(c) The 3rd through 8th grade and high school level test results shall be available
to districts for diagnostic purposes affecting student learning and district instruction and
curriculum, and for establishing educational accountability. The commissioner must
disseminate to the public the test results upon receiving those results.

(d) State tests must be constructed and aligned with state academic standards. The new text begin
commissioner shall determine the new text end testing process and the order of administration deleted text begin shall be
determined by the commissioner deleted text end . The statewide results shall be aggregated at the site and
district level, consistent with subdivision 1a.

(e) In addition to the testing and reporting requirements under this section, the
commissioner shall include the following components in the statewide public reporting
system:

(1) uniform statewide testing of all students in grades 3 through 8 and at the high
school level that provides appropriate, technically sound accommodations, alternate
assessments, or exemptions consistent with applicable federal law, only with parent or
guardian approval, for those very few students for whom the student's individual education
plan team under sections 125A.05 and 125A.06 determines that the general statewide test
is inappropriate for a student, or for a limited English proficiency student under section
124D.59, subdivision 2;

(2) educational indicators that can be aggregated and compared across school
districts and across time on a statewide basis, including average daily attendance, high
school graduation rates, and high school drop-out rates by age and grade level;

(3) state results on the American College Test; and

(4) state results from participation in the National Assessment of Educational
Progress so that the state can benchmark its performance against the nation and other
states, and, where possible, against other countries, and contribute to the national effort
to monitor achievement.

Subd. 1a.

Statewide and local assessments; results.

(a) The commissioner must
develop reading, mathematics, and science assessments aligned with state academic
standards that districts and sites must use to monitor student growth toward achieving
those standards. The commissioner must not develop statewide assessments for academic
standards in social studies, health and physical education, and the arts. The commissioner
must require:

(1) annual reading and mathematics assessments in grades 3 through 8 and at the
high school level for the 2005-2006 school year and later; and

(2) annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through deleted text begin 9 deleted text end new text begin 8 new text end span, and a life sciences assessment in the grades deleted text begin 10 deleted text end new text begin 9 new text end through 12
span for the 2007-2008 school year and later.

(b) The commissioner must ensure that all statewide tests administered to elementary
and secondary students measure students' academic knowledge and skills and not students'
values, attitudes, and beliefs.

(c) Reporting of assessment results must:

(1) provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;

(2) include, by no later than the 2008-2009 school year, a new text begin growth-based new text end value-added
deleted text begin component that is in addition to a measure for student achievement growth over time deleted text end new text begin
indicator of student achievement under section 120B.35, subdivision 3, paragraph (b) new text end ; and

(3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine
whether students have met the state's basic skills requirements; and

(ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine
whether students have met the state's academic standards.

(d) Consistent with applicable federal law and subdivision 1, paragraph (d), clause
(1), the commissioner must include appropriate, technically sound accommodations or
alternative assessments for the very few students with disabilities for whom statewide
assessments are inappropriate and for students with limited English proficiency.

(e) A school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
deleted text begin progress in achieving the deleted text end new text begin proficiency in the context of the state's grade level new text end academic
standards. If a state assessment is not available, a school, school district, and charter
school must determine locally if a student has met the required academic standards. A
school, school district, or charter school may use a student's performance on a statewide
assessment as one of multiple criteria to determine grade promotion or retention. A
school, school district, or charter school may use a high school student's performance on a
statewide assessment as a percentage of the student's final grade in a course, or place a
student's assessment score on the student's transcript.

Subd. 2.

Department of Education assistance.

The Department of Education
shall contract for professional and technical services according to competitive bidding
procedures under chapter 16C for purposes of this section.

Subd. 3.

Reporting.

The commissioner shall report test data publicly and to
stakeholders, including the performance achievement levels developed from students'
unweighted test scores in each tested subject and a listing of demographic factors that
strongly correlate with student performance. The commissioner shall also report data that
compares performance results among school sites, school districts, Minnesota and other
states, and Minnesota and other nations. The commissioner shall disseminate to schools
and school districts a more comprehensive report containing testing information that
meets local needs for evaluating instruction and curriculum.

Subd. 4.

Access to tests.

The commissioner must adopt and publish a policy
to provide public and parental access for review of basic skills tests, Minnesota
Comprehensive Assessments, or any other such statewide test and assessment. Upon
receiving a written request, the commissioner must make available to parents or guardians
a copy of their student's actual responses to the test questions deleted text begin to be reviewed by the
parent deleted text end new text begin for their review 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. 14.

Minnesota Statutes 2006, section 120B.31, as amended by Laws 2007, chapter
146, article 2, section 10, is amended to read:

120B.31 SYSTEM ACCOUNTABILITY AND STATISTICAL
ADJUSTMENTS.

Subdivision 1.

Educational accountability and public reporting.

Consistent
with the deleted text begin process deleted text end new text begin direction new text end to adopt deleted text begin a results-oriented graduation rule deleted text end new text begin statewide academic
standards new text end under section 120B.02, the department, in consultation with education and
other system stakeholders, must establish a coordinated and comprehensive system of
educational accountability and public reporting that promotes deleted text begin higher deleted text end new text begin greater new text end academic
achievement new text begin , preparation for higher academic education, preparation for the world of
work, citizenship under sections 120B.021, subdivision 1, clause (4), and 120B.024,
paragraph (a), clause (4), and the arts new text end .

Subd. 2.

Statewide testing.

Each school year, all school districts shall give a
uniform statewide test to students at specified grades to provide information on the status,
needs and performance of Minnesota students.

Subd. 3.

Educational accountability.

(a) The Independent Office of Educational
Accountability, as authorized by Laws 1997, First Special Session chapter 4, article 5,
section 28, subdivision 2, is established, and shall be funded through the Board of Regents
of the University of Minnesota. The office shall advise the education committees of
the legislature and the commissioner of education, at least on a biennial basis, on the
degree to which the statewide educational accountability and reporting system includes a
comprehensive assessment framework that measures school accountability for students
achieving the goals described in the state's deleted text begin results-oriented deleted text end new text begin high school new text end graduation
rule. The office shall determine and annually report to the legislature whether and how
effectively:

(1) the statewide system of educational accountability deleted text begin utilizes deleted text end new text begin uses new text end multiple
indicators to provide valid and reliable comparative and contextual data on students,
schools, districts, and the state, and if not, recommend ways to improve the accountability
reporting system;

(2) deleted text begin the commissioner makes statistical adjustments when reporting student data over
time, consistent with clause (4);
deleted text end

deleted text begin (3) deleted text end the commissioner uses deleted text begin indicators of student achievement growth deleted text end new text begin a growth-based
value-added indicator of student achievement new text end over time deleted text begin and a value-added assessment
model deleted text end that estimates the effects of the school and school district on student achievement to
measure school performance, consistent with section deleted text begin 120B.36, subdivision 1 deleted text end new text begin 120B.35,
subdivision 3, paragraph (b) new text end ;

deleted text begin (4) deleted text end new text begin (3) new text end the commissioner makes data available on students who do not pass one or
more of the state's required GRAD tests and do not receive a diploma as a consequence,
and categorizes these data according to gender, race, eligibility for free or reduced lunch,
and English language proficiency; and

deleted text begin (5) deleted text end new text begin (4) new text end the commissioner fulfills the requirements under section 127A.095,
subdivision 2.

(b) When the office reviews the statewide educational accountability and reporting
system, it shall also consider:

(1) the objectivity and neutrality of the state's educational accountability system; and

(2) the impact of a testing program on school curriculum and student learning.

Subd. 4.

Statistical adjustments new text begin ; student performance data new text end .

In developing
policies and assessment processes to hold schools and districts accountable for high
levels of academic standards under section 120B.021, the commissioner shall aggregate
student data over time to report student performance new text begin and growth new text end levels measured at the
new text begin school, new text end school district, deleted text begin regional, or deleted text end new text begin and new text end statewide level. When collecting and reporting
the new text begin performance new text end data, the commissioner shall: (1) acknowledge the impact of significant
demographic factors such as residential instability, the number of single parent families,
parents' level of education, and parents' income level on school outcomes; and (2)
organize and report the data so that state and local policy makers can understand the
educational implications of changes in districts' demographic profiles over time. Any
report the commissioner disseminates containing summary data on student performance
must integrate student performance and the demographic factors that strongly correlate
with that performance.

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2006, section 120B.35, as amended by Laws 2007, chapter
147, article 8, section 38, is amended to read:

120B.35 STUDENT ACADEMIC ACHIEVEMENT AND deleted text begin PROGRESS deleted text end new text begin
GROWTH new text end .

Subdivision 1.

deleted text begin Adequate yearly progress of schools and students deleted text end new text begin School and
student indicators of growth and achievement new text end .

The commissioner must develop and
implement a system for measuring and reporting academic achievement and individual
student deleted text begin progress deleted text end new text begin growth new text end , consistent with the statewide educational accountability and
reporting system. The new text begin system new text end components deleted text begin of the system deleted text end must measure the adequate yearly
progress of schools and new text begin the growth of new text end individual students: students' current achievement
in schools under subdivision 2; and individual students' educational deleted text begin progress deleted text end new text begin growth new text end over
time under subdivision 3. The system also must include statewide measures of student
academic deleted text begin achievement deleted text end new text begin growth new text end that identify schools with high levels of deleted text begin achievement deleted text end new text begin
growth new text end , and also schools with low levels of deleted text begin achievement deleted text end new text begin growth new text end that need improvement.
When determining a school's effect, the data must include both statewide measures
of student achievement and, to the extent annual tests are administered, indicators of
achievement growth that take into account a student's prior achievement. Indicators
of achievement and prior achievement must be based on highly reliable statewide or
districtwide assessments. Indicators that take into account a student's prior achievement
must not be used to disregard a school's low achievement or to exclude a school from a
program to improve low achievement levels. deleted text begin The commissioner by January 15, 2002, must
submit a plan for integrating these components to the chairs of the legislative committees
having policy and budgetary responsibilities for elementary and secondary education.
deleted text end

Subd. 2.

new text begin Federal expectations for new text end student academic achievement.

(a) Each school
year, a school district must determine if the student achievement levels at each school site
meet deleted text begin state and local deleted text end new text begin federal new text end expectations. If student achievement levels at a school site do
not meet deleted text begin state and local deleted text end new text begin federal new text end expectations and the site has not made adequate yearly
progress for two consecutive school years, beginning with the 2001-2002 school year,
the district must work with the school site to adopt a plan to raise student achievement
levels to meet deleted text begin state and local deleted text end new text begin federal new text end expectations. The commissioner of education shall
establish student academic achievement levels new text begin to comply with this paragraph new text end .

(b) School sites identified as not meeting new text begin federal new text end expectations must develop
continuous improvement plans in order to meet deleted text begin state and local deleted text end new text begin federal new text end expectations for
student academic achievement. The department, at a district's request, must assist the
district and the school site in developing a plan to improve student achievement. The plan
must include parental involvement components.

(c) The commissioner must:

(1) deleted text begin provide assistance to deleted text end new text begin assist new text end school sites and districts identified as not meeting
new text begin federal new text end expectations; and

(2) provide technical assistance to schools that integrate student deleted text begin progress deleted text end new text begin
achievement new text end measures deleted text begin under subdivision 3 in deleted text end new text begin into new text end the school continuous improvement
plan.

(d) The commissioner shall establish and maintain a continuous improvement Web
site designed to make data on every school and district available to parents, teachers,
administrators, community members, and the general public.

new text begin (e) The commissioner may report the percent of students demonstrating
growth-to-standard under section 120B.299, subdivision 9, as part of this subdivision.
new text end

Subd. 3.

deleted text begin Student progress assessment deleted text end new text begin State growth norm ; other state measures new text end .

(a) The new text begin state's new text end educational assessment system deleted text begin component deleted text end measuring individual students'
educational deleted text begin progress must be deleted text end new text begin growth is new text end based deleted text begin , to the extent annual tests are administered, deleted text end
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 new text begin , in consultation with a recognized Minnesota assessment
group composed of assessment and evaluation directors and staff and researchers and the
Independent Office of Educational Accountability under section 120B.31, subdivision 3, new text end
must deleted text begin identify effective models for measuring individual student progress that enable a
school district or school site to perform gains-based analysis, including evaluating the
effects of the teacher, school, and school district on student achievement over time. At
least one model must be a "value-added" assessment model that reliably estimates those
effects for classroom settings where a single teacher teaches multiple subjects to the same
group of students, for team teaching arrangements, and for other teaching circumstances. deleted text end new text begin
identify a model that uses a growth-based value-added system and includes criteria for
identifying schools and school districts that demonstrate accelerated growth under section
120B.299. Use of the system at least must advance educators' professional development
and replicate programs that succeed in meeting students' diverse learning needs. The
commissioner must apply the state growth norm to students in grades 4 through 8
beginning in the 2008-2009 school year, consistent with section 120B.299, subdivision
6, initially benchmarking the state growth norm to 2006-2007 school year data. The
model must allow the user to:
new text end

new text begin (1) report student growth at and above the state norm;
new text end

new text begin (2) for all student categories with a cell size of at least 20, 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; and
new text end

new text begin (3) measure the effects that grade-level teacher teams, the school, and the school
district have on student growth.
new text end

(c) deleted text begin If a district has an accountability plan that includes gains-based analysis or
"value-added" assessment, the commissioner shall, to the extent practicable, incorporate
those measures in determining whether the district or school site meets expectations. The
department must coordinate with the district in evaluating school sites and continuous
improvement plans, consistent with best practices deleted text end new text begin If a district has an accountability
plan that includes other growth-based value-added analysis, the commissioner may, to
the extent practicable and consistent with this section, incorporate those measures in
determining whether the district or school site shows growth, including accelerated growth new text end .

new text begin (d) 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:
new text end

new text begin (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 four-year colleges
and universities as determined by the Office of Higher Education under chapter 136A; and
new text end

new text begin (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.
new text end

new text begin 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.
new text end

new text begin (e) When reporting student performance under section 120B.36, subdivision 1,
the commissioner annually, beginning July 1, 2012, must report summary data on
school safety and students' engagement and connection at school. The commissioner, in
consultation with qualified experts on student engagement assessment and elementary and
secondary classroom teachers, must identify the measures that generate summary data
under this paragraph. All data received, collected, or created that are used to generate the
summary data under this paragraph are nonpublic data under section 13.02, subdivision 9.
new text end

Subd. 4.

Improving schools.

Consistent with the requirements of this section, the
commissioner of education must deleted text begin establish a second achievement benchmark to identify
improving schools. The commissioner must recommend to deleted text end new text begin annually report to the public
and new text end the legislature deleted text begin by February 15, 2002, indicators in addition to the achievement
benchmark for identifying improving schools, including an indicator requiring a school to
demonstrate ongoing successful use of best teaching practices deleted text end new text begin best practices learned from
those schools that demonstrate accelerated growth compared to the state growth norm new text end .

Subd. 5.

Improving graduation rates for students with emotional or behavioral
disorders.

(a) A district must develop strategies in conjunction with parents of students
with emotional or behavioral disorders and the county board responsible for implementing
sections 245.487 to 245.4889 to keep students with emotional or behavioral disorders in
school, when the district has a drop-out rate for students with an emotional or behavioral
disorder in grades 9 through 12 exceeding 25 percent.

(b) A district must develop a plan in conjunction with parents of students with
emotional or behavioral disorders and the local mental health authority to increase the
graduation rates of students with emotional or behavioral disorders. A district with a
drop-out rate for children with an emotional or behavioral disturbance in grades 9 through
12 that is in the top 25 percent of all districts shall submit a plan for review and oversight
to the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 3, paragraph (b), applies to students in the
2008-2009 school year and later. Subdivision 3, paragraph (d), applies to students in the
2010-2011 school year and later. Subdivision 3, paragraph (e), applies to data that are
collected in the 2009-2010 school year and later and reported annually beginning July 1,
2012, consistent with advice the commissioner receives from recognized and qualified
experts on student engagement assessment and elementary and secondary classroom
teachers. Subdivision 4 applies in the 2011-2012 school year and later.
new text end

Sec. 16.

Minnesota Statutes 2006, section 120B.36, as amended by Laws 2007, chapter
146, article 2, section 11, is amended to read:

120B.36 SCHOOL ACCOUNTABILITY; APPEALS PROCESS.

Subdivision 1.

School performance report cards.

(a) The commissioner shall
deleted text begin use objective criteria based on levels of student performance to deleted text end report deleted text begin at least deleted text end student
academic performance new text begin under section 120B.35, subdivision 2, the percentages of students
at and above the state growth norm under section 120B.35, subdivision 3, paragraph (b) new text end ,
school safety new text begin and student engagement and connection under section 120B.35, subdivision
3, paragraph (e), rigorous coursework under section 120B.35, subdivision 3, paragraph
(d) 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,
deleted text begin and deleted text end staff characteristics new text begin excluding salaries new text end , deleted text begin with a value-added component added no later
than the 2008-2009 school year deleted text end new text begin student enrollment demographics, district mobility, and
extracurricular activities new text end . deleted text begin The report must indicate a school's adequate yearly progress
status, and must not set any designations applicable to high- and low-performing schools
due solely to adequate yearly progress status.
deleted text end

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

(c) The commissioner must make available deleted text begin the first deleted text end performance report cards by
deleted text begin November 2003, and during deleted text end the beginning of each school year deleted text begin thereafter deleted text end .

(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 report deleted text begin cards deleted text end new text begin card new text end data are nonpublic data under section
13.02, subdivision 9, until not later than ten days after the appeal procedure described in
paragraph (d) concludes. The department shall annually post school performance report
cards to its public Web site no later than September 1.

Subd. 2.

Adequate yearly progress data.

All data the department receives,
collects, or creates deleted text begin for purposes of determining deleted text end new text begin to determine new text end adequate yearly progress
deleted text begin designations deleted text end new text begin status new text end under Public Law 107-110, section 1116, new text begin set state growth norms, and
determine student growth new text end are nonpublic data under section 13.02, subdivision 9, until not
later than ten days after the appeal procedure described in subdivision 1, paragraph (d),
concludes. Districts must provide parents sufficiently detailed summary data to permit
parents to appeal under Public Law 107-110, section 1116(b)(2). The department shall
annually post new text begin federal new text end adequate yearly progress data new text begin and state student growth data new text end to its
public Web site no later than September 1.

new text begin EFFECTIVE DATE. new text end

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

Sec. 17.

Minnesota Statutes 2006, section 120B.362, is amended to read:

120B.362 VALUE-ADDED ASSESSMENT PROGRAM.

(a) The commissioner of education deleted text begin must deleted text end new text begin may new text end implement a value-added assessment
program to assist school districts, public schools, and charter schools in assessing and
reporting individual students' growth in academic achievement under section 120B.30,
subdivision 1a. The program must use assessments of individual students' academic
achievement to make longitudinal comparisons of each student's academic growth over
time. deleted text begin School districts, public schools, and charter schools may apply to the commissioner
to participate in the initial trial program using a form and in the manner the commissioner
prescribes. The commissioner must select program participants from urban, suburban, and
rural areas throughout the state.
deleted text end

(b) The commissioner may issue a request for proposals to contract with an
organization that provides a value-added assessment model that reliably estimates
school and school district effects on students' academic achievement over time. new text begin The
commissioner must consult with a recognized Minnesota assessment group composed of
assessment and evaluation directors and staff and researchers, and the Independent Office
of Educational Accountability under section 120B.31, subdivision 3, when selecting the
model under this paragraph. new text end The model the commissioner selects must accommodate
diverse data and must use each student's test data across grades. Data on individual
teachers generated under the model are personnel data under section 13.43.

(c) The contract under paragraph (b) must be consistent with the definition of "best
value" under section 16C.02, subdivision 4.

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.

Minnesota Statutes 2006, section 121A.035, subdivision 2, is amended to read:

Subd. 2.

School district and charter school policy.

A school board and a
charter school must adopt a crisis management policy to address potential violent crisis
situations in the district or charter school. The policy must be developed cooperatively
with administrators, teachers, employees, students, parents, community members, law
enforcement agencies, other emergency management officials, county attorney offices,
social service agencies, emergency medical responders, and any other appropriate
individuals or organizations. The policy must include at least five school lock-down
drills, five school fire drills consistent with section 299F.30, deleted text begin and deleted text end one tornado drill new text begin , and an
expectation that students be present and participate in these drills new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2008-2009 school year and
later.
new text end

Sec. 19.

Minnesota Statutes 2006, section 121A.037, is amended to read:

121A.037 SCHOOL SAFETY DRILLS.

Private schools and educational institutions not subject to section 121A.035 must
have at least five school lock-down drills, five school fire drills consistent with section
299F.30, deleted text begin and deleted text end one tornado drill new text begin , and an expectation that students be present and participate
in these drills new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2008-2009 school year and
later.
new text end

Sec. 20.

new text begin [121A.215] LOCAL SCHOOL DISTRICT WELLNESS POLICIES;
WEB SITE.
new text end

new text begin When available, a school district must post its current local school wellness policy
on its Web site.
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. 21.

Minnesota Statutes 2006, section 122A.06, subdivision 4, is amended to read:

Subd. 4.

Comprehensive, scientifically based reading instruction.

new text begin (a)
new text end "Comprehensive, scientifically based reading instruction" includes a program or collection
of instructional practices that is based on deleted text begin reliable, deleted text end valid new text begin , replicated new text end 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, instruction in five areas of reading: phonemic awareness, phonics,
fluency, vocabulary new text begin development new text end , and deleted text begin text deleted text end new text begin reading new text end 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 and apply higher level thinking skills.

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

new text begin (c) "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.
new text end

new text begin (d) "Fluency" is the ability of students to be able to read orally with speed, accuracy,
and proper expression.
new text end

new text begin (e) "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 all enhance the
acquisition of vocabulary.
new text end

new text begin (f) "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 by
intentional, problem-solving thinking processes.
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. 22.

Minnesota Statutes 2006, section 122A.07, subdivision 2, is amended to read:

Subd. 2.

Eligibility; board composition.

Except for the representatives of higher
education and the public, to be eligible for appointment to the Board of Teaching a person
must be a teacher currently teaching in a Minnesota school and fully licensed for the
position held and have at least five years teaching experience in Minnesota, including the
two years immediately preceding nomination and appointment. Each nominee, other than
a public nominee, must be selected on the basis of professional experience and knowledge
of teacher education, accreditation, and licensure. The board must be composed of:

(1) six teachers who are currently teaching in a Minnesota school new text begin or who were
teaching at the time of the appointment new text end , at least four of whom must be teaching in a
public school;

(2) one higher education representative, who must be a faculty member preparing
teachers;

(3) one school administrator; and

(4) three members of the public, two of whom must be present or former members
of school boards.

Sec. 23.

Minnesota Statutes 2006, section 122A.07, subdivision 3, is amended to read:

Subd. 3.

Vacant position.

new text begin With the exception of a teacher who retires from teaching
during the course of completing a board term, new text end the position of a member who leaves
Minnesota or whose employment status changes to a category different from that from
which appointed is deemed vacant.

Sec. 24.

Minnesota Statutes 2006, 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 successfully complete a skills
examination in reading, writing, and mathematics as a requirement for initial teacher
licensure. 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 shall 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. new text begin
The board must require that persons enrolled in a teacher preparation program receive
instruction in historical and cultural competencies related to Minnesota American
Indian tribes and communities and their contributions to Minnesota, consistent with
sections 120B.021, subdivision 1, and 124D.71 to 124D.82. The competencies related
to Minnesota American Indian tribes and communities must include, among other
components, standards for instructional practices most effective for successfully teaching
elementary and secondary American Indian students.
new text end

(e) The board must adopt rules requiring successful completion of an examination
of general pedagogical knowledge and examinations of licensure-specific teaching
skills. The rules shall be effective on the dates determined by the board but not later
than September 1, 2001.

(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.

(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.

(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
in understanding the key warning signs of early-onset mental illness in children and
adolescents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2008-2009 school year and
later.
new text end

Sec. 25.

Minnesota Statutes 2006, section 122A.14, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Gifted and talented preparation. new text end

new text begin A university approved by the board to
prepare candidates for administrative licensure must provide candidates, as part of the
traditional and alternative preparation programs, the opportunity to acquire competency in
administering gifted and talented services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to candidates who enroll in either a traditional or an alternative preparation
administrator licensure program after August 15, 2009.
new text end

Sec. 26.

Minnesota Statutes 2006, section 122A.14, is amended by adding a
subdivision to read:

new text begin Subd. 2c. new text end

new text begin Gifted and talented preparation; board review. new text end

new text begin (a) The board must
periodically review and approve traditional and alternative preparation sequences for
school administrators and the sequence of competencies in administering gifted and
talented student programs and services.
new text end

new text begin (b) The board also may advise a university on developing and implementing
continuing education programs focused on building competencies for administering gifted
and talented programs and other gifted services.
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. 27.

Minnesota Statutes 2006, 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 successfully complete 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. new text begin In addition, the board must require a person to successfully complete
an assessment of reading instruction consistent with subdivision 2c before being granted
an initial teaching license to provide direct instruction to pupils in prekindergarten or
elementary programs. new text end The board must require colleges and universities offering a board
approved teacher preparation program to provide 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 new text begin or an assessment of reading instruction new text end ,
including those for whom English is a second language. The colleges and universities
must provide assistance in the specific academic areas of deficiency in which the person
did not achieve a qualifying score. School districts must provide similar, appropriate, and
timely remedial assistance that includes a formal diagnostic component and mentoring to
those persons employed by the district who completed their teacher education program
outside the state of Minnesota, received a one-year license to teach in Minnesota and did
not achieve a qualifying score on the skills examination, including those persons for
whom English is a second language. 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) A person who has completed an approved teacher preparation program and
obtained a one-year license to teach, but has not successfully completed the skills
examination, may renew the one-year license for two additional one-year periods. Each
renewal of the one-year license is contingent upon the licensee:

(1) providing evidence of participating in an approved remedial assistance program
provided by a school district or postsecondary institution that includes a formal diagnostic
component in the specific areas in which the licensee did not obtain qualifying scores; and

(2) attempting to successfully complete the skills examination during the period
of each one-year license.

(d) The Board of Teaching must grant continuing licenses only to those persons who
have met board criteria for granting a continuing license, which includes successfully
completing the skills examination in reading, writing, and mathematics.

(e) 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. 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 January 1, 2011.
new text end

Sec. 28.

Minnesota Statutes 2006, 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 and prepare the licensure candidate, where
applicable, for an assessment of reading instruction new text end .

(b) Board-approved teacher preparation programs for teachers of elementary
education must require instruction in the application of comprehensive, scientifically
based deleted text begin , and balanced deleted text end 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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 29.

Minnesota Statutes 2006, section 122A.18, is amended by adding a
subdivision to read:

new text begin Subd. 2c. new text end

new text begin Assessment of reading instruction. new text end

new text begin An assessment of reading instruction,
selected by the Board of Teaching, in cooperation with the commissioner of education,
must measure, at a minimum, the knowledge, skill, and ability of prekindergarten and
elementary licensure candidates in comprehensive, scientifically based reading instruction
as defined in section 122A.06. Test content areas must assess foundations of reading
development, development of reading comprehension, reading assessment and instruction,
and integration of knowledge and understanding. The Board of Teaching may incorporate
the requirements of this subdivision into other teacher licensure examinations.
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. 30.

Minnesota Statutes 2006, section 122A.18, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Gifted and talented preparation; board review. new text end

new text begin (a) A college or
university with a teacher preparation program approved by the board must provide teacher
candidates with the opportunity to acquire competency in recognizing gifted students and
in providing classroom instruction to gifted and talented students.
new text end

new text begin (b) The board must periodically review and approve traditional and alternative
sequences for teacher candidates in recognizing gifted students and in providing classroom
instruction to gifted and talented students.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to teacher candidates who enroll in either a traditional or an alternative
preparation teacher licensure program after September 1, 2009.
new text end

Sec. 31.

Minnesota Statutes 2006, section 122A.75, subdivision 1, is amended to read:

Subdivision 1.

Services.

An Administrators Academy is established. The academy
shall provide at least the following services:

(1) an administrator assessment that results in an individual professional
development plan;

(2) research and development assistance that provides current research and data
of interest to administrators; deleted text begin and
deleted text end

(3) brokerage assistance to provide services and resources to help administrators
with needs identified in their individual professional development plan new text begin ; and
new text end

new text begin (4) the opportunity for administrators to acquire competency in administering gifted
and talented services, consistent with section 122A.14, subdivision 2c new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to administrators participating in an administrators academy program after
August 1, 2009.
new text end

Sec. 32.

Minnesota Statutes 2006, section 123B.51, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin Temporary closing. new text end

new text begin A school district that proposes to temporarily close a
schoolhouse or that intends to lease the facility to another entity for use as a schoolhouse
for three or fewer years is not subject to subdivision 5 if the school board holds a public
meeting and allows public comment on the schoolhouse's future.
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. 33.

Minnesota Statutes 2006, section 124D.09, subdivision 5, is amended to read:

Subd. 5.

Authorization; notification.

Notwithstanding any other law to the
contrary, an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled
tribal contract or grant school eligible for aid under section 124D.83, except a foreign
exchange pupil enrolled in a district under a cultural exchange program, may apply to an
eligible institution, as defined in subdivision 3, to enroll in nonsectarian courses offered by
that postsecondary institution. If an institution accepts a secondary pupil for enrollment
under this section, the institution shall send written notice to the pupil, the pupil's school
or school district, and the commissioner within ten days of acceptance. The notice must
indicate the course and hours of enrollment of that pupil. If the pupil enrolls in a course
for postsecondary credit new text begin only new text end , the institution must notify the pupil about payment in the
customary manner used by the institution.

Sec. 34.

Minnesota Statutes 2007 Supplement, section 124D.095, subdivision 4,
is amended to read:

Subd. 4.

Online learning parameters.

(a) An online learning student must receive
academic credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student must be counted toward the
graduation and credit requirements of the enrolling district. An online learning provider
must make available to the enrolling district the course syllabus, standard alignment,
content outline, assessment requirements, and contact information for supplemental online
courses taken by students in the enrolling district. The enrolling district must apply the
same graduation requirements to all students, including online learning students, and
must continue to provide nonacademic services to online learning students. If a student
completes an online learning course or program that meets or exceeds a graduation
standard or grade progression requirement at the enrolling district, that standard or
requirement is met. The enrolling district must use the same criteria for accepting online
learning credits or courses as it does for accepting credits or courses for transfer students
under section 124D.03, subdivision 9. The enrolling district may reduce the course
schedule of an online learning student in proportion to the number of online learning
courses the student takes from an online learning provider that is not the enrolling district.

(b) An online learning student may:

(1) enroll in supplemental online learning courses during a single school year to a
maximum of 50 percent of the student's full schedule of courses per term. A student may
exceed the supplemental online learning registration limit if the enrolling district grants
permission for supplemental online learning enrollment above the limit, or if an agreement
is made between the enrolling district and the online learning provider for instructional
services;

(2) complete course work at a grade level that is different from the student's current
grade level; and

(3) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for payment of any tuition or course fees.

(c) An online learning student has the same access to the computer hardware and
education software available in a school as all other students in the enrolling district. An
online learning provider must assist an online learning student whose family qualifies
for the education tax credit under section 290.0674 to acquire computer hardware and
educational software for online learning purposes.

(d) An enrolling district may offer online learning to its enrolled students.
Such online learning does not generate online learning funds under this section.
new text begin Notwithstanding paragraph (e), new text end an enrolling district that offers online learning only to its
enrolled students is not subject to the reporting requirements or review criteria under
subdivision 7 new text begin , unless the enrolling district is a full-time online provider new text end . A teacher with a
Minnesota license must assemble and deliver instruction to enrolled students receiving
online learning from an enrolling district. The delivery of instruction occurs when the
student interacts with the computer or the teacher and receives ongoing assistance and
assessment of learning. The instruction may include curriculum developed by persons
other than a teacher with a Minnesota license.

(e) An online learning provider deleted text begin that is not the enrolling district deleted text end is subject to
the reporting requirements and review criteria under subdivision 7. A teacher with a
Minnesota license must assemble and deliver instruction to online learning students. The
delivery of instruction occurs when the student interacts with the computer or the teacher
and receives ongoing assistance and assessment of learning. The instruction may include
curriculum developed by persons other than a teacher with a Minnesota license. Unless
the commissioner grants a waiver, a teacher providing online learning instruction must not
instruct more than 40 students in any one online learning course or program.

(f) To enroll in more than 50 percent of the student's full schedule of courses per term
in online learning, the student must qualify to exceed the supplemental online learning
registration limit under paragraph (b) or apply for enrollment to an approved full-time
online learning program following appropriate procedures in subdivision 3, paragraph (a).
Full-time online learning students may enroll in classes at a local school per contract for
instructional services between the online learning provider and the school district.

Sec. 35.

Minnesota Statutes 2007 Supplement, section 124D.095, subdivision 7,
is amended to read:

Subd. 7.

Department of Education.

(a) The department must review and
certify online learning providers. The online learning courses and programs must be
rigorous, aligned with state academic standards, and contribute to grade progression
in a single subject. deleted text begin Online learning providers must demonstrate to the commissioner
that online learning courses have equivalent standards or instruction, curriculum, and
assessment requirements as other courses offered to enrolled students. The online
learning provider must also demonstrate expectations for actual teacher contact time
or other student-to-teacher communication deleted text end new text begin The online provider must provide written
assurance that all courses meet state academic standards, and that the online learning
curriculum, instruction and assessment, expectations for actual teacher contact time or
other student-to-teacher communication, and academic support meet nationally recognized
professional standards and are demonstrated as such in a syllabus provided according to
the commissioner's requirements new text end . Once an online learning provider is approved under
this paragraph, all of its online learning course offerings are eligible for payment under
this section unless a course is successfully challenged by an enrolling district or the
department under paragraph (b).

(b) An enrolling district may challenge the validity of a course offered by an online
learning provider. The department must review such challenges based on the certification
procedures under paragraph (a). The department may initiate its own review of the validity
of an online learning course offered by an online learning provider.

(c) The department may collect a fee not to exceed $250 for certifying online
learning providers or $50 per course for reviewing a challenge by an enrolling district.

(d) The department must develop, publish, and maintain a list of approved online
learning providers and online learning courses and programs that it has reviewed and
certified.

Sec. 36.

Minnesota Statutes 2006, section 124D.095, subdivision 10, is amended to
read:

Subd. 10.

Online Learning Advisory Council.

(a) An Online Learning Advisory
Council is established under section 15.059, except that the term for each council member
shall be three years. The advisory council is composed of 12 members from throughout
the state who have demonstrated experience with or interest in online learning. The
members of the council shall be appointed by the commissioner. The advisory council
shall bring to the attention of the commissioner any matters related to online learning and
provide input to the department in matters related, but not restricted, to:

(1) quality assurance;

(2) teacher qualifications;

(3) program approval;

(4) special education;

(5) attendance;

(6) program design and requirements; and

(7) fair and equal access to programs.

deleted text begin (b) The Online Learning Advisory Council under this subdivision expires June
30, 2008.
deleted text end

new text begin (b) Notwithstanding section 15.059, subdivision 5, the council expires June 30, 2009.
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. 37.

Minnesota Statutes 2006, section 124D.10, subdivision 2a, is amended to read:

Subd. 2a.

Charter School Advisory Council.

(a) A Charter School Advisory
Council is established under section 15.059 except that the term for each council member
shall be three years. The advisory council is composed of seven members from throughout
the state who have demonstrated experience with or interest in charter schools. The
members of the council shall be appointed by the commissioner. The advisory council
shall bring to the attention of the commissioner any matters related to charter schools
that the council deems necessary and shall:

(1) encourage school boards to make full use of charter school opportunities;

(2) encourage the creation of innovative schools;

(3) provide leadership and support for charter school sponsors to increase the
innovation in and the effectiveness, accountability, and fiscal soundness of charter schools;

(4) serve an ombudsman function in facilitating the operations of new and existing
charter schools;

(5) promote timely financial management training for newly elected members of
a charter school board of directors and ongoing training for other members of a charter
school board of directors; and

(6) facilitate compliance with auditing and other reporting requirements. The
advisory council shall refer all its proposals to the commissioner who shall provide time
for reports from the council.

(b) The Charter School Advisory Council under this subdivision expires June 30,
deleted text begin 2007 deleted text end new text begin 2011 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from June 30, 2007.
new text end

Sec. 38.

Minnesota Statutes 2007 Supplement, section 124D.10, subdivision 4, is
amended to read:

Subd. 4.

Formation of school.

(a) A sponsor may authorize one or more licensed
teachers under section 122A.18, subdivision 1, to operate a charter school subject to
approval by the commissioner. A board must vote on charter school application for
sponsorship no later than 90 days after receiving the application. The school must be
organized and operated as a cooperative under chapter 308A or nonprofit corporation
under chapter 317A and the provisions under the applicable chapter shall apply to the
school except as provided in this section. Notwithstanding sections 465.717 and 465.719,
a school district may create a corporation for the purpose of creating a charter school.

(b) Before the operators may form and operate a school, the sponsor must file an
affidavit with the commissioner stating its intent to authorize a charter school. The
affidavit must new text begin demonstrate the sponsor's abilities, capacities, and expertise in fulfilling the
responsibilities of a sponsor and new text end state the terms and conditions under which the sponsor
would authorize a charter school and how the sponsor intends to oversee the fiscal and
student performance of the charter school and to comply with the terms of the written
contract between the sponsor and the charter school board of directors under subdivision
6 new text begin in the form and manner prescribed by the commissioner. The sponsor must submit
an affidavit to the commissioner for each charter school it proposes to authorize new text end . The
commissioner must approve or disapprove the sponsor's proposed authorization within
90 days of receipt of the affidavit. Failure to obtain commissioner approval precludes a
sponsor from authorizing the charter school that was the subject of the affidavit.

(c) The operators authorized to organize and operate a school, before entering into a
contract or other agreement for professional or other services, goods, or facilities, must
incorporate as a cooperative under chapter 308A or as a nonprofit corporation under
chapter 317A and must establish a board of directors composed of at least five new text begin nonrelated new text end
members until a timely election for members of the charter school board of directors is
held according to the school's articles and bylaws. A charter school board of directors
must be composed of at least five members. Any staff members who are employed at the
school, including teachers providing instruction under a contract with a cooperative, and
all parents of children enrolled in the school deleted text begin may deleted text end new text begin are eligible to new text end participate in the election
for members of the school's board of directors. Licensed teachers employed at the school,
including teachers providing instruction under a contract with a cooperative, must be a
majority of the members of the board of directors before the school completes its third
year of operation, unless the commissioner waives the requirement for a majority of
licensed teachers on the board. Board of director meetings must comply with chapter 13D.

(d) The granting or renewal of a charter by a sponsoring entity must not be
conditioned upon the bargaining unit status of the employees of the school.

(e) new text begin The granting or renewal of a charter school by a sponsor must not be contingent
on the charter school being required to contract, lease, or purchase services from the
sponsor.
new text end

new text begin (f) new text end A sponsor may authorize the operators of a charter school to expand the operation
of the charter school to additional sites or to add additional grades at the school beyond
those described in the sponsor's application as approved by the commissioner only
after submitting a supplemental application to the commissioner in a form and manner
prescribed by the commissioner. The supplemental application must provide evidence that:

(1) the expansion of the charter school is supported by need and projected enrollment;

(2) the charter school is fiscally sound;

(3) the sponsor supports the expansion; and

(4) the building of the additional site meets all health and safety requirements to
be eligible for lease aid.

deleted text begin (f) deleted text end new text begin (g) new text end The commissioner annually must provide timely financial management
training to newly elected members of a charter school board of directors and ongoing
training to other members of a charter school board of directors. Training must address
ways to:

(1) proactively assess opportunities for a charter school to maximize all available
revenue sources;

(2) establish and maintain complete, auditable records for the charter school;

(3) establish proper filing techniques;

(4) document formal actions of the charter school, including meetings of the charter
school board of directors;

(5) properly manage and retain charter school and student records;

(6) comply with state and federal payroll record-keeping requirements; and

(7) address other similar factors that facilitate establishing and maintaining complete
records on the charter school's operations.

Sec. 39.

Minnesota Statutes 2006, section 124D.10, subdivision 4a, is amended to read:

Subd. 4a.

Conflict of interest.

(a) A member of a charter school board of directors
is prohibited from serving as a member of the board of directors or as an employee or agent
of or a contractor with a for-profit entity with whom the charter school contracts, directly
or indirectly, for professional services, goods, or facilities. A violation of this prohibition
renders a contract voidable at the option of the commissioner. new text begin The commissioner may
reduce a charter school's state aid under section 127A.42 if the charter school board fails
to correct a violation under this subdivision in a timely manner. new text end A member of a charter
school board of directors who violates this prohibition shall be individually liable to the
charter school for any damage caused by the violation.

(b) An individual may serve as a member of the board of directors if no conflict of
interest under paragraph (a) exists.

(c) A member of a charter school board of directors that serves as a member of the
board of directors or as an employee or agent of or a contractor with a nonprofit entity
with whom the charter school contracts, directly or indirectly, for professional services,
goods, or facilities, must disclose all potential conflicts to the commissioner. new text begin A violation
of this requirement makes a contract voidable at the option of the commissioner. The
commissioner may reduce a charter school's aid under section 127A.42 if the charter
school fails to correct a violation under this subdivision in a timely manner.
new text end

(d) The conflict of interest provisions under this subdivision do not apply to
compensation paid to a teacher employed by the charter school who also serves as a
member of the board of directors.

(e) The conflict of interest provisions under this subdivision do not apply to a teacher
who provides services to a charter school through a cooperative formed under chapter
308A when the teacher also serves on the charter school board of directors.

Sec. 40.

Minnesota Statutes 2006, section 124D.10, subdivision 6, is amended to read:

Subd. 6.

Contract.

The sponsor's authorization for a charter school must be in the
form of a written contract signed by the sponsor and the board of directors of the charter
school. The contract must be completed within 90 days of the commissioner's approval
of the sponsor's proposed authorization. The contract for a charter school must be in
writing and contain at least the following:

(1) a description of a program that carries out one or more of the purposes in
subdivision 1;

(2) specific outcomes pupils are to achieve under subdivision 10;

(3) admission policies and procedures;

(4) management and administration of the school;

(5) requirements and procedures for program and financial audits;

(6) how the school will comply with subdivisions 8, 13, 16, and 23;

(7) assumption of liability by the charter school;

(8) types and amounts of insurance coverage to be obtained by the charter school;

(9) the term of the contract, which may be up to three years new text begin for the initial contract,
and up to five years for renewed contracts based on the academic, financial, and
operational performance of the school new text end ;

(10) deleted text begin if deleted text end new text begin how new text end the board of directors or the operators of the charter school new text begin will new text end provide
special instruction and services for children with a disability under sections 125A.03
to 125A.24, and 125A.65, a description of the financial parameters within which the
charter school will operate to provide the special instruction and services to children
with a disability; and

(11) the process and criteria the sponsor intends to use to monitor and evaluate the
fiscal and student performance of the charter school, consistent with subdivision 15.

Sec. 41.

Minnesota Statutes 2006, section 124D.10, subdivision 6a, is amended to read:

Subd. 6a.

Audit report.

new text begin (a) new text end The charter school must submit an audit report to the
commissioner by December 31 each year.

new text begin (b) new text end The charter school, with the assistance of the auditor conducting the audit, must
include with the report a copy of all charter school agreements for corporate management
services. If the entity that provides the professional services to the charter school is
exempt from taxation under section 501 of the Internal Revenue Code of 1986, that entity
must file with the commissioner by February 15 a copy of the annual return required under
section 6033 of the Internal Revenue Code of 1986.

new text begin (c) new text end If the commissioner receives deleted text begin as part of the deleted text end new text begin an new text end audit report deleted text begin a management letter deleted text end
indicating that a material weakness exists in the financial reporting systems of a charter
school, the charter school must submit a written report to the commissioner explaining
how the material weakness will be resolved.

new text begin (d) new text end Upon the request of an individual, the charter school must make available in a
timely fashion the minutes of meetings of members, the board of directors, and committees
having any of the authority of the board of directors, and statements showing the financial
result of all operations and transactions affecting income and surplus during the school's
last annual accounting period and a balance sheet containing a summary of its assets and
liabilities as of the closing date of the accounting period.

Sec. 42.

Minnesota Statutes 2006, section 124D.10, subdivision 7, is amended to read:

Subd. 7.

Public status; exemption from statutes and rules.

A charter school is a
public school and is part of the state's system of public education. deleted text begin Except as provided in
this section, a charter school is exempt from all statutes and rules applicable to a school,
a board, or a district, although it may elect to comply with one or more provisions of
statutes or rules. deleted text end new text begin A charter school is exempt from all statutes and rules applicable to
a school, school board, or school district unless a statute or rule is made specifically
applicable to a charter school.
new text end

Sec. 43.

Minnesota Statutes 2006, section 124D.10, subdivision 8, is amended to read:

Subd. 8.

State and local requirements.

(a) A charter school shall meet all
deleted text begin applicable deleted text end new text begin federal, new text end state new text begin , new text end and local health and safety requirements new text begin applicable to school
districts new text end .

(b) A school sponsored by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written resolution.

(c) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. A sponsor may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution.

(d) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled.

(e) The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18 years
of age. Instruction may be provided to people younger than five years and older than
18 years of age.

(f) A charter school may not charge tuition.

(g) A charter school is subject to and must comply with chapter 363A and section
121A.04.

(h) A charter school is subject to and must comply with the Pupil Fair Dismissal
Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(i) A charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district. Audits must be conducted in compliance with generally
accepted governmental auditing standards, the Federal Single Audit Act, if applicable,
and section 6.65. A charter school is subject to and must comply with sections 15.054;
118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5;
471.38; 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13,
and 15; 471.881; and 471.89. The audit must comply with the requirements of sections
123B.75 to 123B.83, except to the extent deviations are necessary because of the program
at the school. Deviations must be approved by the commissioner. The Department
of Education, state auditor, or legislative auditor may conduct financial, program, or
compliance audits. A charter school determined to be in statutory operating debt under
sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.

(j) A charter school is a district for the purposes of tort liability under chapter 466.

(k) A charter school must comply with sections 13.32; 120A.22, subdivision 7;
121A.75; and 260B.171, subdivisions 3 and 5.

(l) A charter school is subject to the Pledge of Allegiance requirement under section
121A.11, subdivision 3.

Sec. 44.

Minnesota Statutes 2006, section 124D.10, subdivision 20, is amended to read:

Subd. 20.

Leave to teach in a charter school.

If a teacher employed by a district
makes a written request for an extended leave of absence to teach at a charter school, the
district must grant the leave. The district must grant a leave not to exceed a total of five
years. Any request to extend the leave shall be granted only at the discretion of the school
board. The district may require that the request for a leave or extension of leave be made
deleted text begin up to 90 days before the teacher would otherwise have to report for duty deleted text end new text begin before February
1 in the school year preceding the school year in which the teacher wishes to return, or
February 1 of the calendar year in which the leave is scheduled to terminate new text end . Except as
otherwise provided in this subdivision and except for section 122A.46, subdivision 7, the
leave is governed by section 122A.46, including, but not limited to, reinstatement, notice
of intention to return, seniority, salary, and insurance.

During a leave, the teacher may continue to aggregate benefits and credits in the
Teachers' Retirement Association account by paying both the employer and employee
contributions based upon the annual salary of the teacher for the last full pay period before
the leave began. The retirement association may impose reasonable requirements to
efficiently administer this subdivision.

Sec. 45.

Minnesota Statutes 2006, section 124D.10, subdivision 23, is amended to read:

Subd. 23.

Causes for nonrenewal or termination of charter school contract.

(a)
The duration of the contract with a sponsor must be for the term contained in the contract
according to subdivision 6. The sponsor may or may not renew a contract at the end of
the term for any ground listed in paragraph (b). A sponsor may unilaterally terminate a
contract during the term of the contract for any ground listed in paragraph (b). At least 60
days before not renewing or terminating a contract, the sponsor shall notify the board of
directors of the charter school of the proposed action in writing. The notice shall state the
grounds for the proposed action in reasonable detail and that the charter school's board of
directors may request in writing an informal hearing before the sponsor within 14 days
of receiving notice of nonrenewal or termination of the contract. Failure by the board of
directors to make a written request for a hearing within the 14-day period shall be treated
as acquiescence to the proposed action. Upon receiving a timely written request for a
hearing, the sponsor shall give reasonable notice to the charter school's board of directors
of the hearing date. The sponsor shall conduct an informal hearing before taking final
action. The sponsor shall take final action to renew or not renew a contract by the last day
of classes in the school year. If the sponsor is a local board, the school's board of directors
may appeal the sponsor's decision to the commissioner.

(b) A contract may be terminated or not renewed upon any of the following grounds:

(1) failure to meet the requirements for pupil performance contained in the contract;

(2) failure to meet generally accepted standards of fiscal management;

(3) violations of law; or

(4) other good cause shown.

If a contract is terminated or not renewed under this paragraph, the school must be
dissolved according to the applicable provisions of chapter 308A or 317A, except when
the commissioner approves the decision of a different eligible sponsor to authorize the
charter school.

(c) If at the end of a contract term, deleted text begin either deleted text end the sponsor deleted text begin or deleted text end new text begin and new text end the charter school
board of directors deleted text begin wants deleted text end new text begin mutually agree new text end to voluntarily terminate the contract, a change
in sponsors is allowed if the commissioner approves the decision of a different eligible
sponsor to authorize the charter school. deleted text begin The party intending to terminate the contract must
notify the other party and the commissioner of its intent at least 90 days before the date on
which the contract ends. deleted text end The sponsor that is a party to the existing contract at least must
inform the approved different eligible sponsor about the fiscal and student performance of
the school. new text begin Both parties jointly must submit in writing to the commissioner their written
intent to terminate the contract. The commissioner must determine whether the charter
school and the prospective new sponsor can clearly identify and effectively resolve
those circumstances causing the previous sponsor and the charter school to terminate the
contract before the commissioner determines whether to grant the change of sponsor.
new text end If no different eligible sponsor is approved, the school must be dissolved according to
applicable law and the terms of the contract.

(d) The commissioner, after providing reasonable notice to the board of directors of
a charter school and the existing sponsor, and after providing an opportunity for a public
hearing, may terminate the existing deleted text begin sponsorial relationship deleted text end new text begin contract between the sponsor
and the charter school new text end if the charter school has a history of:

(1) new text begin sustained failure to meet the requirements for pupil performance contained
in the contract;
new text end

new text begin (2) new text end financial mismanagement; or

deleted text begin (2) deleted text end new text begin (3) new text end repeated violations of the law.

Sec. 46.

Minnesota Statutes 2007 Supplement, section 124D.10, subdivision 23a,
is amended to read:

Subd. 23a.

Related party lease costs.

(a) A charter school is prohibited from
entering a lease of real property with a related party as defined in deleted text begin subdivision 26 deleted text end new text begin
this subdivision new text end , unless the lessor is a nonprofit corporation under chapter 317A or a
cooperative under chapter 308A, and the lease cost is reasonable under section 124D.11,
subdivision 4, clause (1).

new text begin (b) For purposes of this subdivision:
new text end

new text begin (1) "related party" means an affiliate or close relative of the other party in question,
an affiliate of a close relative, or a close relative of an affiliate;
new text end

new text begin (2) "affiliate" means a person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with another person;
new text end

new text begin (3) "close relative" means an individual whose relationship by blood, marriage, or
adoption to another individual is no more remote than first cousin;
new text end

new text begin (4) "person" means an individual or entity of any kind; and
new text end

new text begin (5) "control" means the ability to affect the management, operations, or policies of a
person, whether through ownership of voting securities, by contract, or otherwise.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end A lease of real property to be used for a charter school, not excluded in
paragraph (a), must contain the following statement: "This lease is subject to Minnesota
Statutes, section 124D.10, subdivision 23a."

deleted text begin (c) deleted text end new text begin (d) new text end If a charter school enters into as lessee a lease with a related party and the
charter school subsequently closes, the commissioner has the right to recover from the
lessor any lease payments in excess of those that are reasonable under section 124D.11,
subdivision 4, clause (1).

Sec. 47.

new text begin [125B.015] STATE AND SCHOOL DISTRICT TECHNOLOGY
STANDARDS.
new text end

new text begin Subdivision 1. new text end

new text begin State technology standards; standard setting. new text end

new text begin (a) Notwithstanding
other law to the contrary, the commissioner, the Minnesota Education Technology Task
Force, and representatives of school districts must work together to identify for school
districts the robust technology tools and systems that improve the educational achievement
of all Minnesota students. These entities must establish a foundation of flexible shared
services that supports state development and implementation of new and more efficient
educational business practices, including the use of modern analytical tools that help
schools and school districts make data-driven decisions and increase instructional time.
These entities also must anticipate the needs of school districts for effectively using
emerging technologies to make the best and most cost-effective use of finite educational
resources.
new text end

new text begin (b) The commissioner, the Minnesota Education Technology Task Force,
representatives of school districts, and other interested and affected stakeholders, must
establish and then maintain, revise, and publish every four years beginning December 1,
2008, state and district technology standards and accompanying guidelines consistent with
the requirements of this section and section 120B.023, subdivision 2, paragraph (a). The
state and school districts must use the technology standards to participate in a uniform
data collection system premised on:
new text end

new text begin (1) common data definitions for all required data elements;
new text end

new text begin (2) a common course catalogue;
new text end

new text begin (3) common transcript definitions; and
new text end

new text begin (4) school district infrastructure technology standards.
new text end

new text begin (c) School districts, consistent with this section and other applicable law, may use
financial resources in addition to state funding to provide students with the technology
tools they need to succeed in an increasingly complex and information-rich environment.
new text end

new text begin Subd. 2. new text end

new text begin District technology standards. new text end

new text begin (a) The commissioner, in collaboration
with the Minnesota Education Technology Task Force, must establish and then maintain,
revise, and publish six categories of district technology standards consistent with this
section. The district technology standards must encompass:
new text end

new text begin (1) instructional technology that includes best practices in 21st century classroom
instruction and student learning;
new text end

new text begin (2) technological tools that support formative and summative online assessments,
equipment, and software;
new text end

new text begin (3) shared services that facilitate network and data systems administration;
new text end

new text begin (4) data practices that include technical security, Internet safety, and data privacy;
new text end

new text begin (5) data management that facilitates efficient data transfers involving school districts
and the department; and
new text end

new text begin (6) facilities infrastructure that supports multipurpose technology facilities for
instruction and assessment.
new text end

new text begin (b) School districts are encouraged to align district technology expenditures with
state and district technology standards established under this section.
new text end

new text begin (c) Beginning December 1, 2010, and each two-year period thereafter, school
districts must use the district technology standards in this section to complete a review of
the district technology environment that:
new text end

new text begin (1) examines the alignment of district technology expenditures to the technology
standards under this section;
new text end

new text begin (2) identifies service gaps in the district technology plan; and
new text end

new text begin (3) estimates the funding needed to fill service gaps.
new text end

new text begin (d) School districts must transmit the substance of the review to the commissioner in
the form and manner the commissioner determines in collaboration with the Minnesota
Education Technology Task Force. The commissioner must evaluate and report the
substance of the reviews to the legislature by February 15, 2011, and each two-year period
thereafter.
new text end

new text begin Subd. 3. new text end

new text begin Expedited process. new text end

new text begin The commissioner must use the expedited rulemaking
process under section 14.389 to adopt state and district technology standards consistent
with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the 2008-2009 school year and later.
new text end

Sec. 48.

Minnesota Statutes 2006, section 126C.40, subdivision 6, is amended to read:

Subd. 6.

Lease purchase; installment buys.

(a) Upon application to, and approval
by, the commissioner in accordance with the procedures and limits in subdivision 1,
paragraphs (a) and (b), a district, as defined in this subdivision, may:

(1) purchase real or personal property under an installment contract or may lease
real or personal property with an option to purchase under a lease purchase agreement, by
which installment contract or lease purchase agreement title is kept by the seller or vendor
or assigned to a third party as security for the purchase price, including interest, if any; and

(2) annually levy the amounts necessary to pay the district's obligations under the
installment contract or lease purchase agreement.

(b) The obligation created by the installment contract or the lease purchase
agreement must not be included in the calculation of net debt for purposes of section
475.53, and does not constitute debt under other law. An election is not required in
connection with the execution of the installment contract or the lease purchase agreement.

(c) The proceeds of the levy authorized by this subdivision must not be used to
acquire a facility to be primarily used for athletic or school administration purposes.

(d) For the purposes of this subdivision, "district" means:

(1) a new text begin racially isolated new text end school district new text begin or a school district with a racially identifiable
school new text end required to have a deleted text begin comprehensive deleted text end new text begin desegregation or integration new text end plan deleted text begin for the
elimination of segregation deleted text end new text begin under Minnesota Rules, parts 3535.0100 to 3535.0180, which
is eligible for revenue under section 124D.86, subdivision 3, clause (1), (2), or (3),
and new text end whose plan has been determined by the commissioner to be in compliance with
Department of Education rules relating to equality of educational opportunity and school
desegregation and, for a district eligible for revenue under section 124D.86, subdivision 3,
clause (4) new text begin or (5) new text end , where the acquisition of property under this subdivision is determined by
the commissioner to contribute to the implementation of the desegregation plan; or

(2) a school district that participates in a joint program for interdistrict desegregation
with a district defined in clause (1) if the facility acquired under this subdivision is to
be primarily used for the joint program and the commissioner determines that the joint
programs are being undertaken to implement the districts' desegregation plan.

(e) Notwithstanding subdivision 1, the prohibition against a levy by a district to lease
or rent a district-owned building to itself does not apply to levies otherwise authorized
by this subdivision.

(f) For the purposes of this subdivision, any references in subdivision 1 to building
or land shall include personal property.

Sec. 49.

new text begin [127A.70] MINNESOTA P-20 EDUCATION PARTNERSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin 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:
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin 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 end

new text begin 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 end

new text begin Subd. 2. new text end

new text begin Powers and duties; report. new text end

new text begin 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:
new text end

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

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

new text begin (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 end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, subdivision 5, the partnership
is permanent and does not expire.
new text end

Sec. 50.

Minnesota Statutes 2006, section 260C.007, subdivision 19, is amended to
read:

Subd. 19.

Habitual truant.

"Habitual truant" means a child under the age of deleted text begin 16 deleted text end
new text begin 18 new text end years who is absent from attendance at school without lawful excuse for seven school
days new text begin per school year new text end if the child is in elementary school or for one or more class periods
on seven school days new text begin per school year new text end if the child is in middle school, junior high school,
or high school deleted text begin , or a child who is 16 or 17 years of age who is absent from attendance at
school without lawful excuse for one or more class periods on seven school days and who
has not lawfully withdrawn from school under section 120A.22, subdivision 8 deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2011-2012 school year and
later.
new text end

Sec. 51.

Minnesota Statutes 2006, section 299F.30, subdivision 1, is amended to read:

Subdivision 1.

Duties of fire marshal.

Consistent with sections 121A.035,
121A.037, and this section, it shall be the duty of the state fire marshal, deputies and
assistants, to require public and private schools and educational institutions to have at
least five fire drills each school year new text begin , to expect students to be present and participate
in these drills, new text end and to keep all doors and exits unlocked from the inside of the building
during school hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2008-2009 school year and
later.
new text end

Sec. 52. new text begin IMPLEMENTING A STUDENT GROWTH-BASED VALUE-ADDED
SYSTEM.
new text end

new text begin (a) To implement the requirements of Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (b), and to help parents and members of the public compare the
reported data, the commissioner must convene a group of expert school district assessment
and evaluation staff, including a recognized Minnesota assessment group composed of
assessment and evaluation directors and staff and researchers and interested stakeholders,
including school superintendents, school principals, school teachers, and parents to
examine the actual statewide performance of students using Minnesota's growth-based
value-added system and establish criteria for identifying schools and school districts that
demonstrate accelerated growth in order to advance educators' professional development
and replicate programs that succeed in meeting students' diverse learning needs.
new text end

new text begin (b) The commissioner must submit a written report to the education committees of
the house of representatives and senate by February 15, 2009, describing the criteria for
identifying schools and school districts that demonstrate accelerated growth. The group
convened under this section expires on June 30, 2009.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to school report cards in the 2008-2009 school year and later.
new text end

Sec. 53. new text begin IMPLEMENTING RIGOROUS COURSEWORK MEASURES
RELATED TO STUDENT PERFORMANCE.
new text end

new text begin To implement the requirements of Minnesota Statutes, section 120B.35, subdivision
3, paragraph (c), clauses (1) and (2), and to help parents and members of the public
compare the reported data, the commissioner of education must convene a group of
recognized and qualified experts and interested stakeholders, including parents among
other stakeholders, to develop a model projecting anticipated performance of each high
school on preparation and rigorous coursework measures that compares the school with
similar schools. The model must use information about entering high school students
based on particular background characteristics that are predictive of differing rates of
college readiness. These characteristics include grade 8 achievement levels, high school
student mobility, high school student attendance, and the size of each entering ninth grade
class. The group of experts and stakeholders may examine other characteristics not part
of the prediction model including the nine student categories identified under the federal
2001 No Child Left Behind Act, and two student gender categories of male and female,
respectively. The commissioner annually must use the predicted level of entering students'
performance to provide a context for interpreting graduating students' actual performance.
The group convened under this section expires June 30, 2011.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to school report cards beginning July 1, 2011.
new text end

Sec. 54. new text begin IMPLEMENTING MEASURES FOR ASSESSING SCHOOL SAFETY
AND STUDENTS' ENGAGEMENT AND CONNECTION AT SCHOOL .
new text end

new text begin (a) To implement the requirements of Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (e), the commissioner of education, in consultation with interested
stakeholders, including parents and teachers among other stakeholders, must convene
a group of recognized and qualified experts on student engagement assessment and
elementary and secondary classroom teachers currently teaching in Minnesota schools to:
new text end

new text begin (1) identify measures of student engagement that may include student attendance,
student support outside the classroom, parent involvement, and homework indicators,
among other measures;
new text end

new text begin (2) review the University of Minnesota student safety and engagement survey
instrument and other commonly recognized survey instruments to determine whether
the survey instruments have sound psychometric properties, are useful for intervention
planning, and are suitable instruments for state accountability purposes; and
new text end

new text begin (3) determine through disaggregated use of survey indicators or other means how to
report "safety" in order to comply with federal law.
new text end

new text begin (b) The commissioner must submit a written report and all the group's working
papers to the education committees of the house of representatives and senate by February
15, 2009, presenting the group's responses to paragraph (a), clauses (1) to (3). The
commissioner must submit a second, related report to the education committees of the
legislature by February 15, 2012, indicating the content and analysis of and the format
for reporting the data collected in the 2009-2010 and 2010-2011 school years under
Minnesota Statutes, section 120B.35, subdivision 3, paragraph (e). The group convened
under this section expires December 31, 2012.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to school report cards beginning July 1, 2012.
new text end

Sec. 55. new text begin GROWTH-TO-STANDARD AND GROWTH-BASED VALUE-ADDED
COMPARISON REPORT.
new text end

new text begin (a) The commissioner of education, in collaboration with the Independent Office of
Educational Accountability under MS, section 120B.31, subdivision 3, and a recognized
Minnesota assessment group composed of assessment and evaluation directors and staff
and researchers, must use 2006-2007 and 2007-2008 school year data to compare and
report the results of using the growth-to-standard and the growth-based value-added
models under MS, sections 120B.299, 120B.35, and related sections at the school
and school district levels. The report may show how the growth-to-standard and the
growth-based value-added models affect the data and the reporting of the data on
growth indicators related to (i) the size and location of schools and school districts and
(ii) the composition of enrolled students by category, among other indicators. To the
extent feasible, the report also may compare individual student and school results from
a value-added model with the results of the growth-to-standard and the growth-based
value-added models.
new text end

new text begin (b) Consistent with paragraph (a), the commissioner must submit a report comparing
the growth-to-standard and the growth-based value-added models to the education policy
committees of the legislature by February 1, 2009, and include any recommendations for
statutory changes related to educational accountability and reporting under MS, chapter
120B.
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. 56. new text begin GROWTH-BASED VALUE-ADDED MODEL; REFERENCE.
new text end

new text begin The recognized Minnesota assessment group composed of assessment and
evaluation directors and staff and researchers, in collaboration with the Independent Office
of Educational Accountability under Minnesota Statutes, section 120B.31, subdivision
3, shall deposit with the Office of the Revisor of Statutes and the Legislative Reference
Library a reference document further explaining the growth-based value-added system
of assessments that the commissioner of education and other interested individuals may
consult when implementing Minnesota Statutes, sections 120B.299, 120B.30, 120B.31,
120B.35, 120B.36, and 120B.362.
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. 57. new text begin SCHOOL DISTRICT PLANS TO IMPROVE STUDENTS' ACADEMIC
ACHIEVEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin District academic achievement plan; priorities. new text end

new text begin (a) A school
district experiencing disparities in academic achievement among groups of students
defined by race, ethnicity, and income is encouraged to develop a short and long-term
plan encompassing one through four years to significantly improve students' academic
achievement and use research-based practices to eliminate differences in academic
performance. The plan must:
new text end

new text begin (1) reflect a research-based understanding of high-performing educational systems
and best educational practices;
new text end

new text begin (2) include innovative and practical strategies and programs, whether existing or
new, that supplement district initiatives to increase students' academic achievement under
state and federal educational accountability requirements; and
new text end

new text begin (3) contain valid and reliable measures of student achievement that the district uses
to demonstrate the efficacy of the district plan to the commissioner of education.
new text end

new text begin (b) A district must address the elements under section 58, paragraph (a), to the
extent those elements are implicated in the district's plan.
new text end

new text begin (c) A district must identify in its plan the strategies and programs the district has
implemented and found effective in improving students' academic achievement.
new text end

new text begin (d) The district must include with the plan the amount of expenditures necessary
to implement the plan. The district must indicate how current resources are used to
implement the plan, including, but not limited to, state-limited English proficiency aid
under Minnesota Statutes, section 124D.65; integration revenue under Minnesota Statutes,
section 124D.86; early childhood family education revenue under Minnesota Statutes,
section 124D.135; school readiness aid under Minnesota Statutes, section 124D.16; basic
skills revenue under Minnesota Statutes, section 126C.10, subdivision 4; extended time
revenue under Minnesota Statutes, section 126C.10, subdivision 2a; and alternative
compensation revenue under Minnesota Statutes, section 122A.415.
new text end

new text begin Subd. 2. new text end

new text begin Plan. new text end

new text begin (a) A school district by October 1, 2008, must submit its plan in
electronic format to the commissioner of education, consistent with subdivision 1.
new text end

new text begin (b) The commissioner of education must analyze the commonalities and differences
of the district plans and the effective strategies and programs districts have implemented
to improve students' academic achievement, and submit the analysis and supporting data
to the advisory task force on improving students' academic achievement under section
58 by November 1, 2008, and also report the substance of the analyses to the education
policy and finance committees of the legislature by February 15, 2009.
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. 58. new text begin ADVISORY TASK FORCE ON IMPROVING STUDENTS'
ACADEMIC ACHIEVEMENT.
new text end

new text begin (a) An advisory task force on improving students' academic achievement is
established to review the plans submitted to the commissioner of education under section
57 and recommend to the education committees of the legislature a proposal for improving
students' academic achievement and eliminating differences in academic performance
among groups of students defined by race, ethnicity, and income. The task force members
must at least consider how the following education-related issues impact the educational
achievement of low-income students and students of color:
new text end

new text begin (1) rigorous preparation and coursework and how to (i) effectively invest in early
childhood and parent education, (ii) increase academic rigor and high expectations on
elementary and secondary students in schools serving a majority of low-income students
and students of color, and (iii) provide parents, educators, and community members with
meaningful opportunities to collaborate in educating students in schools serving a majority
of low-income students and students of color;
new text end

new text begin (2) professional development for educators and how to (i) provide stronger financial
and professional incentives to attract and retain experienced, bilingual, and culturally
competent teachers and administrators in schools serving a majority of low-income
students and students of color, (ii) recruit and retain teachers of color, and (iii) develop and
include cultural sensitivity and interpersonal and pedagogical skills training that teachers
need for effective intercultural teaching;
new text end

new text begin (3) English language learners and how to (i) use well-designed tests, curricula,
and English as a second language programs and services as diagnostic tools to develop
effective student interventions, (ii) monitor students' language capabilities, (iii) provide
academic instruction in English that supports students' learning and is appropriate
for students' level of language proficiency, and (iv) incorporate the perspectives and
contributions of ethnic and racial groups, consistent with Minnesota Statutes, section
120B.022, subdivision 1, paragraph (b);
new text end

new text begin (4) special education and how to (i) incorporate linguistic and cultural sensitivity
into special education diagnosis and referral, (ii) increase the frequency and quality of
prereferral interventions, and (iii) decrease the number of minority and nonnative English
speaking students inappropriately placed in special education;
new text end

new text begin (5) GRAD tests and how to (i) incorporate linguistic and cultural sensitivity into the
reading and math GRAD tests, and (ii) develop interventions to meet students' learning
needs; and
new text end

new text begin (6) valid and reliable data and how to use data on student on-time graduation rates,
student dropout rates, documented disciplinary actions, and completed and rigorous course
work indicators to determine how well-prepared, low-income students and students of
color are for postsecondary academic and career opportunities.
new text end

new text begin The task force also must examine the findings of a 2008 report by Minnesota
superintendents on strategies for creating a world-class educational system to establish
priorities for improving students' academic achievement. The task force may consider
other related matters at its discretion.
new text end

new text begin (b) The commissioner of education must convene the first meeting of the advisory
task force on improving students' academic achievement by September 1, 2008. The task
force members must adopt internal procedures and standards for subsequent meetings.
The task force is composed of the following members:
new text end

new text begin (1) a representative from a Twin Cities metropolitan area school district, a suburban
school district, a school district located in a regional center, and a rural school district, all
four representatives appointed by the state demographer based on identified concentrations
of low-performing, low-income students and students of color;
new text end

new text begin (2) a faculty member of a teacher preparation program at the University of
Minnesota's College of Education and Human Development, appointed by the college
dean or the dean's designee;
new text end

new text begin (3) a faculty member from the urban teachers program at Metropolitan State
University appointed by the university president or the president's designee;
new text end

new text begin (4) a faculty member from a Minnesota State Colleges and Universities teacher
preparation program located outside the Twin Cities metropolitan area, appointed by
the chancellor or the chancellor's designee;
new text end

new text begin (5) a classroom teacher appointed by Education Minnesota;
new text end

new text begin (6) an expert in early childhood care and education appointed by a state early
childhood organization;
new text end

new text begin (7) a member from each state council representing a community of color, appointed
by the respective council;
new text end

new text begin (8) a curriculum specialist with expertise in providing language instruction for
nonnative English speakers, appointed by a state curriculum organization;
new text end

new text begin (9) a special education teacher, appointed by a state organization of special education
educators;
new text end

new text begin (10) a parent of color, appointed by a state parent-teacher organization;
new text end

new text begin (11) a district testing director appointed by a recognized Minnesota assessment
group composed of assessment and evaluation directors and staff and researchers; and
new text end

new text begin (12) a Department of Education staff person with expertise in school desegregation
matters appointed by the commissioner of education or the commissioner's designee.
new text end

new text begin A majority of task force members, at their discretion, may invite other representatives
of interested public or nonpublic organizations, Minnesota's communities of color, and
stakeholders in local and state educational equity to become task force members. The
department must make every effort to ensure that a majority of task force members are
persons of color.
new text end

new text begin (c) Members of the task force serve without compensation. By February 15,
2009, the task force must submit a written proposal to the education policy and finance
committees of the legislature on how to significantly improve students' academic
achievement.
new text end

new text begin (d) The advisory task force expires on February 16, 2009.
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. 59. new text begin ADVISORY TASK FORCE; INTEGRATING SECONDARY AND
POSTSECONDARY ACADEMIC AND CAREER EDUCATION.
new text end

new text begin (a) An advisory task force on improving teacher quality and identifying institutional
structures and strategies for effectively integrating secondary and postsecondary academic
and career education is established to consider and recommend to the education policy and
finance committees of the legislature proposals on how to:
new text end

new text begin (1) foster classroom teachers' interest and ability to acquire a master's degree in the
teachers' substantive fields of licensure; and
new text end

new text begin (2) meet all elementary and secondary students' needs for adequate education
planning and preparation and improve all students' ability to acquire the knowledge and
skills needed for postsecondary academic and career education.
new text end

new text begin (b) The commissioner of education, or the commissioner's designee, shall appoint
an advisory task force that is composed of a representative from each of the following
entities: Education Minnesota, the University of Minnesota, the Department of
Education, the Board of Teaching, the Minnesota Private College Council, the Office of
Higher Education, the Minnesota Career College Association, the Minnesota PTA, the
Minnesota Chamber of Commerce, the Minnesota Business Partnership, the Department
of Employment and Economic Development, the Minnesota Association of Career and
Technical Administrators, the Minnesota Association of Career and Technical Educators,
the Minnesota State Colleges and Universities, and other representatives of other
entities recommended by task force members. Members of the task force serve without
compensation of any kind for any purpose. By February 15, 2009, the task force must
submit written recommendations to the education policy and finance committees of the
legislature on improving teacher quality and identifying the institutional structures and
strategies for effectively integrating secondary and postsecondary academic and career
education, consistent with this section.
new text end

new text begin (c) Upon request, the commissioner of education must provide the task force with
technical, fiscal, and other support services.
new text end

new text begin (d) The advisory task force expires February 16, 2009.
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. 60. new text begin ASSESSMENT OF READING INSTRUCTION.
new text end

new text begin (a) No later than March 1, 2010, the Board of Teaching, in cooperation with the
commissioner of education, shall adopt an assessment of reading instruction for all
prekindergarten and elementary licensure candidates consistent with Minnesota Statutes,
section 122A.18, subdivision 2c.
new text end

new text begin (b) The Board of Teaching and the commissioner shall report to the senate and house
of representatives committees having jurisdiction over prekindergarten through grade 12
education policy by March 15, 2010, on the assessment of reading instruction that was
adopted.
new text end

Sec. 61. new text begin READING INSTRUCTION RULES; LEGISLATIVE REVIEW.
new text end

new text begin Beginning Ju1y 1, 2008, and until July 1, 2009, the Board of Teaching must submit
any proposed rules regarding licensure in reading instruction to the chairs of the legislative
committees with jurisdiction over kindergarten through grade 12 education policy by
February 1, 2009. The board may not adopt the rules until the legislature has adjourned
the 2009 regular session.
new text end

Sec. 62. new text begin COMPUTER ADAPTIVE ASSESSMENTS.
new text end

new text begin The Department of Education, by February 1, 2009, must report to the education
committees of the legislature on its efforts to add computer adaptive assessments that
include formative analytics to the Minnesota's comprehensive assessment administered
under Minnesota Statutes, section 120B.30.
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. 63. new text begin REVIVAL AND REENACTMENT.
new text end

new text begin Minnesota Statutes, section 124D.10, subdivision 2a, is revived and reenacted
effective retroactively and without interruption from June 30, 2007.
new text end

Sec. 64. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 120A.22, subdivision 8, new text end new text begin is repealed effective
for the 2011-2012 school year and later.
new text end

ARTICLE 3

SPECIAL PROGRAMS

Section 1.

Minnesota Statutes 2006, section 124D.60, subdivision 1, is amended to
read:

Subdivision 1.

Notice.

Within deleted text begin ten deleted text end new text begin 30 new text end days after the enrollment of any pupil in an
instructional program for limited English proficient students, the district in which the pupil
resides must notify the parent by mail. This notice must:

(1) be in writing in English and in the primary language of the pupil's parents;

(2) inform the parents that their child has been enrolled in an instructional program
for limited English proficient students;

(3) contain a simple, nontechnical description of the purposes, method and content
of the program;

(4) inform the parents that they have the right to visit the educational program for
limited English proficient students in which their child is enrolled;

(5) inform the parents of the time and manner in which to request and receive a
conference for the purpose of explaining the nature and purpose of the program; and

(6) inform the parents of their rights to withdraw their child from an educational
program for limited English proficient students and the time and manner in which to do so.

The department shall, at the request of the district, prepare the notice in the primary
language of the parent.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 125A.14, is amended to read:

125A.14 EXTENDED SCHOOL YEAR.

A district may provide extended school year services for children with a disability
living within the district and nonresident children temporarily placed in the district
pursuant to section 125A.15 deleted text begin or 125A.16 deleted text end . Prior to March 31 or 30 days after the child with
a disability is placed in the district, whichever is later, the providing district shall give
notice to the district of residence of any nonresident children temporarily placed in the
district pursuant to section 125A.15 deleted text begin or 125A.16 deleted text end , of its intention to provide these programs.
Notwithstanding any contrary provisions in sections 125A.15 deleted text begin and 125A.16 deleted text end , the district
providing the special instruction and services must apply for special education aid for the
extended school year services. The unreimbursed actual cost of providing the program
for nonresident children with a disability, including the cost of board and lodging, may
be billed to the district of the child's residence and must be paid by the resident district.
Transportation costs must be paid by the district responsible for providing transportation
pursuant to section 125A.15 deleted text begin or 125A.16 deleted text end and transportation aid must be paid to that district.

Sec. 3.

Minnesota Statutes 2006, section 125A.15, is amended to read:

125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.

The responsibility for special instruction and services for a child with a disability
temporarily placed in another district for care and treatment shall be determined in the
following manner:

(a) The district of residence of a child shall be the district in which the child's parent
resides, if living, or the child's guardian, or the district designated by the commissioner if
neither parent nor guardian is living within the state.

(b) new text begin If a district other than the resident district places a pupil for care and treatment,
the district placing the pupil must notify and give the resident district an opportunity to
participate in the placement decision. When an immediate emergency placement of a
pupil is necessary and time constraints foreclose a resident district from participating in
the emergency placement decision, the district in which the pupil is temporarily placed
must notify the resident district of the emergency placement within 15 days. The resident
district has up to five business days after receiving notice of the emergency placement
to request an opportunity to participate in the placement decision, which the placing
district must then provide.
new text end

new text begin (c) new text end When a child is temporarily placed for care and treatment in a day program
located in another district and the child continues to live within the district of residence
during the care and treatment, the district of residence is responsible for providing
transportation to and from the care and treatment deleted text begin facility deleted text end new text begin program new text end and an appropriate
educational program for the child. new text begin The resident district may establish reasonable
restrictions on transportation, except if a Minnesota court or agency orders the child
placed at a day care and treatment program and the resident district receives a copy of
the order, then the resident district must provide transportation to and from the program
unless the court or agency orders otherwise. new text end Transportation shall only be provided by the
new text begin resident new text end district during regular operating hours of the new text begin resident new text end district. The new text begin resident new text end district
may provide the educational program at a school within the district of residence, at the
child's residence, or in the district in which the day treatment center is located by paying
tuition to that district.

deleted text begin (c) deleted text end new text begin (d) new text end When a child is temporarily placed in a residential program for care and
treatment, the nonresident district in which the child is placed is responsible for providing
an appropriate educational program for the child and necessary transportation while the
child is attending the educational program; and must bill the district of the child's residence
for the actual cost of providing the program, as outlined in section 125A.11, except as
provided in paragraph deleted text begin (d) deleted text end new text begin (e) new text end . However, the board, lodging, and treatment costs incurred
in behalf of a child with a disability placed outside of the school district of residence by
the commissioner of human services or the commissioner of corrections or their agents,
for reasons other than providing for the child's special educational needs must not become
the responsibility of either the district providing the instruction or the district of the child's
residence. For the purposes of this section, the state correctional facilities operated on a
fee-for-service basis are considered to be residential programs for care and treatment.

deleted text begin (d) deleted text end new text begin (e) new text end A privately owned and operated residential facility may enter into a contract
to obtain appropriate educational programs for special education children and services
with a joint powers entity. The entity with which the private facility contracts for special
education services shall be the district responsible for providing students placed in that
facility an appropriate educational program in place of the district in which the facility is
located. If a privately owned and operated residential facility does not enter into a contract
under this paragraph, then paragraph deleted text begin (c) deleted text end new text begin (d) new text end applies.

deleted text begin (e) deleted text end new text begin (f) new text end The district of residence shall pay tuition and other program costs, not
including transportation costs, to the district providing the instruction and services.
The district of residence may claim general education aid for the child as provided by
law. Transportation costs must be paid by the district responsible for providing the
transportation and the state must pay transportation aid to that district.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2006, section 125A.51, is amended to read:

125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
EDUCATION AND TRANSPORTATION.

The responsibility for providing instruction and transportation for a pupil without a
disability who has a short-term or temporary physical or emotional illness or disability, as
determined by the standards of the commissioner, and who is temporarily placed for care
and treatment for that illness or disability, must be determined as provided in this section.

(a) The school district of residence of the pupil is the district in which the pupil's
parent or guardian resides.

(b) When parental rights have been terminated by court order, the legal residence
of a child placed in a residential or foster facility for care and treatment is the district in
which the child resides.

(c) Before the placement of a pupil for care and treatment, the district of residence
must be notified and provided an opportunity to participate in the placement decision.
When an immediate emergency placement is necessary and time does not permit
resident district participation in the placement decision, the district in which the pupil is
temporarily placed, if different from the district of residence, must notify the district
of residence of the emergency placement within 15 days of the placement. new text begin When a
nonresident district makes an emergency placement without first consulting with the
resident district, the resident district has up to five business days after receiving notice
of the emergency placement to request an opportunity to participate in the placement
decision, which the placing district must then provide.
new text end

(d) When a pupil without a disability is temporarily placed for care and treatment
in a day program and the pupil continues to live within the district of residence during
the care and treatment, the district of residence must provide instruction and necessary
transportation to and from the new text begin care and new text end treatment deleted text begin facility deleted text end new text begin program new text end for the pupil. new text begin The
resident district may establish reasonable restrictions on transportation, except if a
Minnesota court or agency orders the child placed at a day care and treatment program
and the resident district receives a copy of the order, then the resident district must provide
transportation to and from the program unless the court or agency orders otherwise.
new text end Transportation shall only be provided by the new text begin resident new text end district during regular operating
hours of the new text begin resident new text end district. The new text begin resident new text end district may provide the instruction at a school
within the district of residence, at the pupil's residence, or in the case of a placement
outside of the resident district, in the district in which the day treatment program is located
by paying tuition to that district. The district of placement may contract with a facility to
provide instruction by teachers licensed by the state Board of Teaching.

(e) When a pupil without a disability is temporarily placed in a residential program
for care and treatment, the district in which the pupil is placed must provide instruction
for the pupil and necessary transportation while the pupil is receiving instruction, and in
the case of a placement outside of the district of residence, the nonresident district must
bill the district of residence for the actual cost of providing the instruction for the regular
school year and for summer school, excluding transportation costs.

(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or
private homeless shelter, then the district that enrolls the pupil under section 127A.47,
subdivision 2, shall provide the transportation, unless the district that enrolls the pupil
and the district in which the pupil is temporarily placed agree that the district in which
the pupil is temporarily placed shall provide transportation. When a pupil without a
disability is temporarily placed in a residential program outside the district of residence,
the administrator of the court placing the pupil must send timely written notice of the
placement to the district of residence. The district of placement may contract with a
residential facility to provide instruction by teachers licensed by the state Board of
Teaching. For purposes of this section, the state correctional facilities operated on a
fee-for-service basis are considered to be residential programs for care and treatment.

(g) The district of residence must include the pupil in its residence count of pupil
units and pay tuition as provided in section 123A.488 to the district providing the
instruction. Transportation costs must be paid by the district providing the transportation
and the state must pay transportation aid to that district. For purposes of computing state
transportation aid, pupils governed by this subdivision must be included in the disabled
transportation category if the pupils cannot be transported on a regular school bus route
without special accommodations.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2006, section 125A.744, subdivision 3, is amended to read:

Subd. 3.

Implementation.

Consistent with section 256B.0625, subdivision 26,
school districts may enroll as medical assistance providers or subcontractors and bill
the Department of Human Services under the medical assistance fee for service claims
processing system for special education services which are covered services under chapter
256B, which are provided in the school setting for a medical assistance recipient, and for
whom the district has secured informed consent consistent with section 13.05, subdivision
4, paragraph (d), and section 256B.77, subdivision 2, paragraph (p), to bill for each type
of covered service. School districts shall be reimbursed by the commissioner of human
services for the federal share of individual education plan health-related services that
qualify for reimbursement by medical assistance, minus up to five percent retained by the
commissioner of human services for administrative costs deleted text begin , not to exceed $350,000 per
fiscal year deleted text end . The commissioner may withhold up to five percent of each payment to a
school district. Following the end of each fiscal year, the commissioner shall settle up with
each school district in order to ensure that collections from each district for departmental
administrative costs are made on a pro rata basis according to federal earnings for these
services in each district. A school district is not eligible to enroll as a home care provider
or a personal care provider organization for purposes of billing home care services under
sections 256B.0651 and 256B.0653 to 256B.0656 until the commissioner of human
services issues a bulletin instructing county public health nurses on how to assess for the
needs of eligible recipients during school hours. To use private duty nursing services or
personal care services at school, the recipient or responsible party must provide written
authorization in the care plan identifying the chosen provider and the daily amount
of services to be used at school.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 121A.67; 125A.16; 125A.19; 125A.20; and
125A.57, new text end new text begin and new text end new text begin Laws 2006, chapter 263, article 3, section 16, new text end new text begin are repealed.
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

ARTICLE 4

LIBRARIES

Section 1.

Minnesota Statutes 2007 Supplement, section 134.31, subdivision 4a,
is amended to read:

Subd. 4a.

Services to the blind and physically handicapped.

The Minnesota
Department of Education shall provide specialized services to the blind and physically
handicapped through the Minnesota new text begin Braille and Talking Book new text end Library deleted text begin for the Blind and
Physically Handicapped deleted text end under a cooperative plan with the National Library Services for
the Blind and Physically Handicapped of the Library of Congress.

Sec. 2.

Minnesota Statutes 2006, section 134.31, subdivision 6, is amended to read:

Subd. 6.

Advisory committee.

The commissioner shall appoint an advisory
committee of five members to advise the staff of the Minnesota new text begin Braille and Talking
Book new text end Library deleted text begin for the Blind and Physically Handicapped deleted text end on long-range plans and library
services. Members shall be people who use the library. Section 15.059 governs this
committee except that the committee shall not expire.

Sec. 3.

Minnesota Statutes 2006, section 134.31, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Telephone or electronic meetings. new text end

new text begin (a) Notwithstanding section 13D.01,
the Advisory Committee for the Minnesota Braille and Talking Book Library may conduct
a meeting of its members by telephone or other electronic means so long as the following
conditions are met:
new text end

new text begin (1) all members of the committee participating in the meeting, wherever their
physical locations, can hear one another and can hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting location of the committee
can hear all discussion, testimony, and votes of the members of the committee;
new text end

new text begin (3) at least one member of the committee is physically present at the regular meeting
location; and
new text end

new text begin (4) all votes are conducted by roll call, so each member's votes on each issue can be
identified and recorded.
new text end

new text begin (b) Each member of the committee participating in a meeting by telephone or other
electronic means is considered present at the meeting for purposes of determining quorum
and participating in all proceedings.
new text end

new text begin (c) If telephone or other electronic means is used to conduct a meeting, to the extent
practical, the committee shall allow a person to monitor the meeting electronically from a
remote location. The committee may require the person making the connection to pay
for the documented marginal costs that the committee incurs as a result of the additional
connection.
new text end

new text begin (d) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the committee shall provide notice of the regular meeting location,
the fact that some members may participate by telephone or other electronic means, and
the provisions of paragraph (c). The timing and method of providing notice is governed
by section 13D.04.
new text end

ARTICLE 5

STATE AGENCIES

Section 1.

new text begin [124D.805] COMMITTEE ON AMERICAN INDIAN EDUCATION
PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of education shall create an
American Indian education committee. The commissioner must appoint the members
of the committee. Members must include representatives of tribal bodies, community
groups, parents of children eligible to be served by the programs, American Indian
administrators and teachers, persons experienced in the training of teachers for American
Indian education programs, persons involved in programs for American Indian children
in American Indian schools, and persons knowledgeable in the field of American Indian
education. Appointed members shall be representative of significant segments of the
population of American Indians.
new text end

new text begin Subd. 2. new text end

new text begin Committee to advise commissioner. new text end

new text begin The committee on American
Indian education programs shall advise the commissioner in the administration of the
commissioner's duties under sections 124D.71 to 124D.82 and other programs for the
education of American Indian people as determined by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Expenses. new text end

new text begin The committee members must not be reimbursed for expenses.
The commissioner must determine the membership terms and the duration of the
committee, which expire no later than June 30, 2020.
new text end

Sec. 2.

Minnesota Statutes 2006, section 125A.65, subdivision 4, is amended to read:

Subd. 4.

Unreimbursed costs.

(a) For fiscal year 2006, in addition to the tuition
charge allowed in subdivision 3, the academies may charge the child's district of residence
for the academy's unreimbursed cost of providing an instructional aide assigned to that
child, after deducting the special education aid under section 125A.76, attributable to the
child, if that aide is required by the child's individual education plan. Tuition received
under this paragraph must be used by the academies to provide the required service.

(b) For fiscal year deleted text begin 2007 deleted text end new text begin 2008 new text end and later, the special education aid paid to the
academies shall be increased by the academy's unreimbursed cost of providing deleted text begin an deleted text end new text begin one
to one new text end instructional deleted text begin aide deleted text end new text begin and behavioral management aides new text end assigned to a child, after
deducting the special education aid under section 125A.76 attributable to the child, if deleted text begin that
aide is deleted text end new text begin the aides are new text end required by the child's individual education plan. Aid received under
this paragraph must be used by the academies to provide the required service.

(c) For fiscal year deleted text begin 2007 deleted text end new text begin 2008 new text end and later, the special education aid paid to the district
of the child's residence shall be reduced by the amount paid to the academies for district
residents under paragraph (b).

(d) Notwithstanding section 127A.45, subdivision 3, beginning in fiscal year 2008,
the commissioner shall make an estimated final adjustment payment to the Minnesota
State Academies for general education aid and special education aid for the prior fiscal
year by August 15.

new text begin (e) For fiscal year 2007, the academies may retain receipts received through mutual
agreements with school districts for one to one behavior management aides.
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. 3.

Minnesota Statutes 2007 Supplement, section 125A.76, subdivision 2, is
amended to read:

Subd. 2.

Special education initial aid.

The special education initial aid equals the
sum of the following amounts computed using current year data:

(1) 68 percent of the salary of each essential person employed in the district's
program for children with a disability during the fiscal year, whether the person is
employed by one or more districts or a Minnesota correctional facility operating on a
fee-for-service basis;

(2) for the Minnesota State Academy for the Deaf or the Minnesota State Academy
for the Blind, 68 percent of the salary of each new text begin one to one new text end instructional new text begin and behavior
management new text end aide assigned to a child attending the academy, if deleted text begin that deleted text end deleted text begin aide deleted text end deleted text begin is deleted text end new text begin the aides are
new text end required by the child's individual education plan;

(3) for special instruction and services provided to any pupil by contracting with
public, private, or voluntary agencies other than school districts, in place of special
instruction and services provided by the district, 52 percent of the difference between
the amount of the contract and the general education revenue, excluding basic skills
revenue and alternative teacher compensation revenue, and referendum equalization aid
attributable to a pupil, calculated using the resident district's average general education
revenue and referendum equalization aid per adjusted pupil unit for the fraction of the
school day the pupil receives services under the contract. This includes children who
are residents of the state, receive services under this subdivision and subdivision 1, and
are placed in a care and treatment facility by court action in a state that does not have a
reciprocity agreement with the commissioner under section 125A.155 as provided for in
section 125A.79, subdivision 8;

(4) for special instruction and services provided to any pupil by contracting for
services with public, private, or voluntary agencies other than school districts, that are
supplementary to a full educational program provided by the school district, 52 percent of
the amount of the contract for that pupil;

(5) for supplies and equipment purchased or rented for use in the instruction of
children with a disability, an amount equal to 47 percent of the sum actually expended by
the district, or a Minnesota correctional facility operating on a fee-for-service basis, but
not to exceed an average of $47 in any one school year for each child with a disability
receiving instruction;

(6) for fiscal years 1997 and later, special education base revenue shall include
amounts under clauses (1) to (5) for special education summer programs provided during
the base year for that fiscal year;

(7) the cost of providing transportation services for children with disabilities under
section 123B.92, subdivision 1, paragraph (b), clause (4); and

(8) the district's transition-disabled program initial aid according to section
124D.454, subdivision 3.

The department shall establish procedures through the uniform financial accounting
and reporting system to identify and track all revenues generated from third-party billings
as special education revenue at the school district level; include revenue generated from
third-party billings as special education revenue in the annual cross-subsidy report; and
exclude third-party revenue from calculation of excess cost aid to the districts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2008.
new text end

ARTICLE 6

SELF-SUFFICIENCY AND LIFELONG LEARNING

Section 1.

Minnesota Statutes 2006, section 124D.19, subdivision 14, is amended to
read:

Subd. 14.

Community education; annual report.

Each district offering a
community education program under this section must annually new text begin complete a program
new text end report to the department deleted text begin information regarding the cost per participant and cost per contact
hour for each community education program, including youth after-school enrichment
programs, that receives aid or levy. The department must include cost per participant and
cost per contact hour information by program in the community education annual report deleted text end .

Sec. 2.

Minnesota Statutes 2006, 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; 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 deleted text begin $100,000 deleted text end new text begin 20 percent of the total
supplemental services aid new text end . Nothing in this section prevents an approved adult basic
education program from using state or federal aid to purchase supplemental services.