SF 3001

4th 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 a subdivision; 120A.05, subdivision
10a; 120A.22, subdivision 5; 120A.24, subdivisions 1, 2; 120B.02; 120B.021,
subdivision 1a; 120B.023, subdivision 2; 121A.035, subdivision 2; 121A.037;
122A.06, subdivision 4; 122A.07, subdivisions 2, 3; 122A.09, subdivision 4;
122A.18, subdivisions 2, 2a, by adding a subdivision; 123B.14, subdivision
7; 123B.36, subdivision 1; 123B.37, subdivision 1; 123B.77, subdivision 3;
123B.81, subdivisions 3, 5; 123B.83, subdivision 3; 123B.88, subdivision 3;
124D.10, subdivisions 2a, 4a, 6, 6a, 7, 8, 20, 23; 124D.19, subdivision 14;
124D.522; 124D.55; 124D.60, subdivision 1; 124D.68, subdivision 2; 124D.86,
by adding a subdivision; 125A.02, subdivision 1; 125A.15; 125A.51; 125A.65,
subdivision 4, by adding a subdivision; 125A.744, subdivision 3; 125B.07, by
adding a subdivision; 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.81, subdivision 4; 124D.10, subdivisions 4, 23a; 134.31,
subdivision 4a; proposing coding for new law in Minnesota Statutes, chapters 1;
121A; 125B; 127A; 134; repealing Minnesota Statutes 2006, sections 120A.22,
subdivision 8; 121A.23; 121A.67; 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.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:

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

deleted text begin (2) deleted 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. 2.

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. 3.

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. 4.

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. 5.

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. 6.

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.

Sec. 7.

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. 8.

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. 9.

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, either the sponsor or the charter school board of
directors wants 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. new text begin The commissioner shall consider whether the charter school and prospective
new sponsor have addressed any outstanding issues raised by the previous sponsor when
determining whether to grant the change of sponsor. new text end 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. 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. 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 sponsorial relationship if the charter school
has a history of:

(1) financial mismanagement; or

(2) repeated violations of the law.

Sec. 10.

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.

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. 11. new text end

new text begin Data sharing; improving instruction. new text end

new text begin The following educational data
may be shared between the Department of Education and the Minnesota Office of Higher
Education as authorized by the Code of Federal Regulations, title 34, section 99.31(a)(6),
to analyze instruction in school districts for purposes of improvement:
new text end

new text begin (1) attendance data, including name of school or institution, school district, 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) academic performance and testing data; and
new text end

new text begin (4) special academic services received by a student.
new text end

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

Sec. 3.

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. Except as provided in subdivision 6, a
parent may withdraw a child under the age of seven from enrollment at any time.

(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.

Sec. 4.

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; new text begin and new text end

(3) an annual instructional calendar deleted text begin ; deleted text end deleted text begin and
deleted text end

deleted text begin (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 deleted text end .
deleted text begin deleted text end

Sec. 5.

Minnesota Statutes 2006, section 120A.24, subdivision 2, is amended to read:

Subd. 2.

Availability of documentation.

The person in charge of providing
instruction to a child must make available documentation indicating that the subjects
required in section 120A.22, subdivision 9, are being taught. This documentation must
include class schedules, copies of materials used for instruction, and descriptions of
methods used to assess student achievement new text begin and for each child instructed by a parent who
meets only the requirement of section 120A.22, subdivision 10, clause (6), a copy of a
quarterly report card on the achievement of the child in each subject area required in
section 120A.22, subdivision 9 new text end .

Sec. 6.

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. 7.

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.
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. 8.

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) Notwithstanding section 120B.021, subdivision 1, a school board shall, upon the
written application by the parent or guardian of a student, waive the requirement that the
student complete the physical education credit under section 120B.024. This waiver shall
not be construed as reducing the total credits required for graduation.
new text end

Sec. 9.

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 as described 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. 10.

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. 11.

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 selected for stand-alone state field testing or other national sampling by the
department must participate as requested. Superintendents or charter school directors may
appeal in writing to the commissioner of education or the commissioner's designee for
exemption from a selected field test if undue hardship is demonstrated. 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, deleted text begin and deleted text end 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 value-added component
that is in addition to a measure for student achievement growth over time; 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
progress in achieving the 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. 12.

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. 13.

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. 14.

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 Website.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

new text begin [121A.231] RESPONSIBLE FAMILY LIFE AND SEXUALITY
EDUCATION PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Responsible family life and sexuality education"
means education in grades 7 through 12 that:
new text end

new text begin (1) respects community values and encourages family communication;
new text end

new text begin (2) develops skills in communication, decision making, and conflict resolution;
new text end

new text begin (3) contributes to healthy relationships;
new text end

new text begin (4) provides human development and sexuality education that is age-appropriate
and medically accurate;
new text end

new text begin (5) includes an abstinence-first approach to delaying initiation of sexual activity that
emphasizes abstinence while also including education about contraception and disease
prevention; and
new text end

new text begin (6) promotes individual responsibility.
new text end

new text begin (b) "Age-appropriate" refers to topics, messages, and teaching methods suitable to
particular ages or age groups of children and adolescents, based on developing cognitive,
emotional, and behavioral capacity typical for the age or age group.
new text end

new text begin (c) "Medically accurate" means verified or supported by research conducted in
compliance with scientific methods and published in peer-reviewed journals, where
appropriate, and recognized as accurate and objective by professional organizations
and agencies in the relevant field, such as the federal Centers for Disease Control
and Prevention, the American Public Health Association, the American Academy of
Pediatrics, or the American College of Obstetricians and Gynecologists.
new text end

new text begin Subd. 2. new text end

new text begin Curriculum requirements. new text end

new text begin (a) A school district must offer and may
independently establish policies, procedures, curriculum, and services for providing
responsible family life and sexuality education that is age-appropriate and medically
accurate for grades 7 through 12.
new text end

new text begin (b) A school district must consult with parents or guardians of enrolled students
when establishing policies, procedures, curriculum, and services under this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Notice and parental options. new text end

new text begin (a) It is the legislature's intent to encourage
pupils to communicate with their parents or guardians about human sexuality and to respect
rights of parents or guardians to supervise their children's education on these subjects.
new text end

new text begin (b) Parents or guardians may excuse their children from all or part of a responsible
family life and sexuality education program.
new text end

new text begin (c) A school district must establish policies and procedures consistent with
paragraph (e) and this section for providing parents or guardians reasonable notice with
the following information:
new text end

new text begin (1) if the district is offering a responsible family life and sexuality education program
to the parents' or guardians' child during the course of the year;
new text end

new text begin (2) how the parents or guardians may inspect the written and audiovisual educational
materials used in the program and the process for inspection;
new text end

new text begin (3) if the program is presented by school district personnel or outside consultants,
and if outside consultants are used, who they may be; and
new text end

new text begin (4) parents' or guardians' right to choose not to have the child participate in the
program and the procedure for exercising that right.
new text end

new text begin (d) A school district must establish policies and procedures for reasonably restricting
the availability of written and audiovisual educational materials from public view of
students who have been excused from all or part of a responsible family life and sexuality
education program at the request of a parent or guardian, consistent with paragraph (e)
and this section.
new text end

new text begin (e) A school district may develop a policy for a parent, guardian, or adult student
age 18 or older to review the content of the instructional materials under this section. If a
school district develops a policy, it must make reasonable arrangements with school
personnel for alternative instruction for those pupils whose parents or guardians object to
the content of the instruction, and must not impose an academic or other penalty upon a
pupil for arranging the alternative instruction. School personnel may evaluate and assess
the quality of the pupil's work completed as part of the alternative instruction.
new text end

Sec. 16.

new text begin [121A.232] INFORMATION ON PRETEEN IMMUNIZATIONS.
new text end

new text begin (a) If, at any time during a school year, a public or private school provides
information on immunizations, infectious disease, medications, or other school health
issues to parents and legal guardians of pupils in grades 6, 9, or 12, the school is required
to include with that information the following:
new text end

new text begin (1) information about meningococcal meningitis and the vaccine for meningococcal
meningitis, including the causes and symptoms of meningococcal meningitis, how
it is spread, and sources where parents and legal guardians may obtain additional
information about meningococcal meningitis and may obtain vaccination of a child against
meningococcal meningitis; and
new text end

new text begin (2) information about human papillomavirus and the vaccine for human
papillomavirus, including the risks associated with human papillomavirus; the availability,
effectiveness, and potential risks of immunization for human papillomavirus; and sources
where parents and legal guardians may obtain additional information about human
papillomavirus and may obtain vaccination of a child against human papillomavirus.
new text end

new text begin (b) The Department of Education, in cooperation with the Department of Health,
shall develop and make available to school districts, public schools, and private schools
information that meets the requirements of paragraph (a), clauses (1) and (2). The
department shall do this in the manner the department deems to be the most cost effective
and programmatically effective, which shall include at the very least, posting the
information on the department's Web site.
new text end

Sec. 17.

new text begin [121A.37] ENVIRONMENTALLY SENSITIVE CLEANING AND
MAINTENANCE PRODUCTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following
definitions apply.
new text end

new text begin (b) "Environmentally sensitive cleaning and maintenance products" means cleaning
and maintenance products that minimize adverse impacts on human health and the
environment.
new text end

new text begin (c) "School" has the meaning given under section 120A.22, subdivision 4, excluding
home schools.
new text end

new text begin Subd. 2. new text end

new text begin Use of environmentally sensitive cleaning and maintenance products.
new text end

new text begin By September 1, 2009, a school may follow specifications regarding the purchase and
use of environmentally sensitive cleaning and maintenance products, where economically
feasible. A school may deplete existing cleaning and maintenance product supplies
purchased prior to this date. A school shall annually review the school's cleaning and
maintenance product purchasing practices.
new text end

Sec. 18.

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. 19.

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. 20.

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, 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. 21.

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.

(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 (o) When reviewing and revising rules, the board must align the requirements for
teacher preparation programs to reflect the expectation that all students can successfully
complete rigorous academic coursework.
new text end

Sec. 22.

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. 23.

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. 24.

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. 25.

Minnesota Statutes 2006, section 123B.88, subdivision 3, is amended to read:

Subd. 3.

Transportation services contracts new text begin ; requirements new text end .

new text begin (a) new text end The board may
contract for the furnishing of authorized transportation under section 123B.52, and may
purchase gasoline and furnish same to a contract carrier for use in the performance of a
contract with the school district for transportation of school children to and from school.

new text begin (b) An initial transportation service contract shall include by contract language,
addendum, or supplementary information terms addressing:
new text end

new text begin (1) a summary of school bus driver training requirements, including the minimum
number of preservice training hours and the minimum number of inservice training hours;
new text end

new text begin (2) a driver recruitment and retention plan;
new text end

new text begin (3) the reporting to the local school district of all school bus accidents;
new text end

new text begin (4) the reporting to the local school district of all school bus driver reported traffic
convictions, based upon the requirement of commercial drivers to report traffic convictions
to their employer under Federal Motor Carrier Safety Administration, rule 383.31;
new text end

new text begin (5) the reporting within one week to the local school district the results of any
Minnesota Highway Patrol inspection of school buses being regularly utilized for the
transportation under the transportation contract; and
new text end

new text begin (6) the date of hire of the employer's current employees identified by their job
classification that may include any relevant prior experience. Summer and other regular
school breaks should not be considered interruptions to employment.
new text end

new text begin (c) Notwithstanding section 123B.52, a school district may award a transportation
contract in the interest of student safety and cost effectiveness.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 26.

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. 27.

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. A sponsor is prohibited from entering into a contract to provide management and
financial services for a school that it is authorized to 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. 28.

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 charter
school's state aid may be reduced by the commissioner under section 127A.42 if the
charter school board fails to correct violations 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 renders a contract voidable at the option of the commissioner. The
charter school's aid may be reduced by the commissioner under section 127A.42 if the
charter school fails to correct violations 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. 29.

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. 30.

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, board, or district unless provided by this section or provided in another section
of statutes or rules.
new text end

Sec. 31.

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. 32.

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 new text begin by registered mail new text end . 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 deleted text begin by the last day of classes in the school year deleted text end new text begin no later than 15 days before
the termination date or the end of the contract new text end . 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 new text begin Both parties must jointly submit in writing to the commissioner
its intent to terminate the contract. new 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. 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 sponsorial relationship 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; deleted text begin or
deleted text end

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

new text begin (4) other good cause shown new text end .

Sec. 33.

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).

(b) new text begin 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" includes the terms "controlling," "controlled by," and "under common
control with" and means the possession, direct or indirect, of the power to direct or cause
the directions of the management, operations, or policies of a person, whether through
ownership of voting securities, by contract, or otherwise.
new 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. 34.

Minnesota Statutes 2006, section 124D.68, subdivision 2, is amended to read:

Subd. 2.

Eligible pupils.

new text begin (a) new text end A pupil under the age of 21 or who meets the
requirements of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in
the graduation incentives program, if the pupil:

(1) performs substantially below the performance level for pupils of the same age
in a locally determined achievement test;

(2) is at least one year behind in satisfactorily completing coursework or obtaining
credits for graduation;

(3) is pregnant or is a parent;

(4) has been assessed as chemically dependent;

(5) has been excluded or expelled according to sections 121A.40 to 121A.56;

(6) has been referred by a school district for enrollment in an eligible program or
a program pursuant to section 124D.69;

(7) is a victim of physical or sexual abuse;

(8) has experienced mental health problems;

(9) has experienced homelessness sometime within six months before requesting a
transfer to an eligible program;

(10) speaks English as a second language or has limited English proficiency; or

(11) has withdrawn from school or has been chronically truant; or

(12) is being treated in a hospital in the seven-county metropolitan area for cancer or
other life threatening illness or is the sibling of an eligible pupil who is being currently
treated, and resides with the pupil's family at least 60 miles beyond the outside boundary
of the seven-county metropolitan area.

new text begin (b) A pupil who is between the ages of 16 and 21 who meets the criteria of paragraph
(a), clause (2), (5), or (11), may be assigned to an area learning center by the district only
after consultation with the pupil and their parent.
new 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. 35.

Minnesota Statutes 2006, section 124D.86, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Integration revenue alternative plan. new text end

new text begin Notwithstanding subdivisions
1, 1a, and 1b, a school district that files a plan and budget with the commissioner of
education to demonstrably close or narrow the academic achievement gap through the
provision of direct assistance to students, may use its existing integration revenue under
this section to implement the district's achievement gap plan.
new text end

Sec. 36.

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) 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. 37.

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. 38.

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. 39. 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. 40. 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. 41. 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. 42. new text begin LAKEVIEW SCHOOL DISTRICT; TESTING.
new text end

new text begin Notwithstanding any other law to the contrary, Independent School District No.
2167, Lakeview, is exempt from any consequences from not making adequate yearly
progress for the 2008-2009 school year only.
new text end

Sec. 43. new text begin REPEALER.
new text end

new text begin (a) 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

new text begin (b) new text end new text begin Minnesota Statutes 2006, section 121A.23, new text end new text begin is repealed effective for the
2008-2009 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 2006, section 125A.02, subdivision 1, is amended to read:

Subdivision 1.

Child with a disability.

Every child who has a hearing impairment,
blindness, visual disability, speech or language impairment, physical disability, other
health impairment, mental disability, emotional/behavioral disorder, specific learning
disability, autism, traumatic brain injury, multiple disabilities, or deaf/blind disability
and needs special instruction and services, as determined by the standards of the
commissioner, is a child with a disability. new text begin A licensed physician or a licensed psychologist
is qualified to make a diagnosis and determination of attention deficit disorder or attention
deficit hyperactivity disorder for purposes of identifying a child with a disability. new text end In
addition, every child under age three, and at local district discretion from age three to age
seven, who needs special instruction and services, as determined by the standards of the
commissioner, because the child has a substantial delay or has an identifiable physical or
mental condition known to hinder normal development is a child with a disability.

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 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 the placement of a pupil for care and treatment is not made by the district
of residence, 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. When placement has been made without prior consultation with
the resident district, the resident district has up to five business days following notice of
the emergency placement to respond and must, at that time, be provided an opportunity
to participate in the placement decision.
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; however, if a court or state agency has ordered the placement
at the day care and treatment program and the resident district receives a copy of the order,
the resident district must provide transportation to and from the program unless the court
or agency otherwise orders. new text end Transportation shall only be provided by the new text begin resident new text end district
during regular operating hours of deleted text begin the deleted text end new text begin that 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.

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 placement
has been made without prior consultation with the resident district, the resident district
has up to five business days following notice of the emergency placement to respond and
must, at that time, be provided an opportunity to participate in the placement decision.
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; however, if a
Minnesota court or state agency has ordered the placement at the day care and treatment
program and the resident district receives a copy of the order, the resident district must
provide transportation to and from the program unless the court or agency otherwise
orders. new text end Transportation shall only be provided by the new text begin resident new text end district during regular
operating hours of deleted text begin the deleted text end new text begin that 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.

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, section 121A.67, 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

Sec. 4.

new text begin [134.55] ELECTRONIC LIBRARY FOR MINNESOTA.
new text end

new text begin Notwithstanding Laws 1998, chapter 398, article 9, section 7, as amended by Laws
1999, chapter 241, article 8, section 3, a school media center, public library as defined
by section 134.001, subdivision 2, state government agency library, and public or private
college or university library must be given access to the electronic library for Minnesota
databases regardless of whether or not they are a member of a regional library system.
new text end

ARTICLE 5

STATE AGENCIES

Section 1.

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. 2.

Minnesota Statutes 2006, section 125A.65, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Third party reimbursement. new text end

new text begin The Minnesota State Academies must seek
reimbursement under section 125A.21 from third parties for the cost of services provided
by the Minnesota State Academies whenever the services provided are otherwise covered
by a child's public or private health plan.
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.

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

new text begin (a) The commissioner, the Minnesota Education Technology Task Force, and
representatives of school districts must enter into a technology partnership to identify for
school districts the robust technology tools and systems that improve the educational
achievement of all Minnesota students. The partnership 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. The partnership 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, in collaboration with the other members of the technology
partnership and other interested and affected stakeholders, must establish and then
maintain, revise, and publish every four years beginning June 1, 2012, state and district
technology standards and accompanying guidelines. The commissioner must use the
technology standards to maintain 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 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. 4.

Minnesota Statutes 2006, section 125B.07, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Technology data and guidelines. new text end

new text begin The department shall maintain a list of
technology infrastructure data including, but not limited to, the following data:
new text end

new text begin (1) instructional technology;
new text end

new text begin (2) technology tools;
new text end

new text begin (3) network and data systems administration;
new text end

new text begin (4) data practices;
new text end

new text begin (5) data management; and
new text end

new text begin (6) facilities infrastructure.
new text end

Sec. 5. new text begin TRENDS IN INTERNATIONAL MATHEMATICS AND SCIENCE
STUDY (TIMSS) DATA RELEASE.
new text end

new text begin The commissioner of education shall remit to Boston College a written statement
allowing for the release of preliminary data on the TIMSS international assessment of
student achievement in mathematics and science to SciMathMN that would otherwise be
embargoed until December 9, 2008. The commissioner shall work with SciMathMN and
Boston College to establish the appropriate timeline for release of preliminary data.
new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 6

SELF-SUFFICIENCY AND LIFELONG LEARNING

Section 1.

Minnesota Statutes 2006, section 120A.05, subdivision 10a, is amended to
read:

Subd. 10a.

Kindergarten.

new text begin (a) new text end "Kindergarten" means a program designed for pupils
five years of age on September 1 of the calendar year in which the school year commences
that prepares pupils to enter first grade the following school year. A program designed for
pupils younger than five years of age on September 1 of the calendar year in which the
school year commences that prepares pupils to enter kindergarten the following school
year is a prekindergarten program.

new text begin (b) "Full-day kindergarten" means an academic program that prepares pupils to enter
first grade the following school year, provides a minimum of 850 hours in a school year,
includes curriculum and instruction under section 120B.11, and aligns with academic
standards under section 120B.021, subdivision 1. Revenues and expenditures for full-day
kindergarten must be accounted for in the school district's general fund. Learning activities
provided as a part of a community education program are not kindergarten, and must be
accounted for in the school district's community service fund.
new text end

Sec. 2.

Minnesota Statutes 2006, section 123B.36, subdivision 1, is amended to read:

Subdivision 1.

School boards may require fees.

(a) For purposes of this
subdivision, "home school" means a home school as defined in sections 120A.22 and
120A.24 with five or fewer students receiving instruction.

(b) A school board is authorized to require payment of fees in the following areas:

(1) in any program where the resultant product, in excess of minimum requirements
and at the pupil's option, becomes the personal property of the pupil;

(2) admission fees or charges for extracurricular activities, where attendance
is optional and where the admission fees or charges a student must pay to attend or
participate in an extracurricular activity is the same for all students, regardless of whether
the student is enrolled in a public or a home school;

(3) a security deposit for the return of materials, supplies, or equipment;

(4) personal physical education and athletic equipment and apparel, although any
pupil may personally provide it if it meets reasonable requirements and standards relating
to health and safety established by the board;

(5) items of personal use or products that a student has an option to purchase such as
student publications, class rings, annuals, and graduation announcements;

(6) fees specifically permitted by any other statute, including but not limited to
section 171.05, subdivision 2; provided (i) driver education fees do not exceed the actual
cost to the school and school district of providing driver education, and (ii) the driver
education courses are open to enrollment to persons between the ages of 15 and 18 who
reside or attend school in the school district;

(7) field trips considered supplementary to a district educational program;

(8) any authorized voluntary student health and accident benefit plan;

(9) for the use of musical instruments owned or rented by the district, a reasonable
rental fee not to exceed either the rental cost to the district or the annual depreciation plus
the actual annual maintenance cost for each instrument;

(10) transportation of pupils to and from extracurricular activities conducted at
locations other than school, where attendance is optional;

(11) transportation to and from school of pupils living within two miles from school
and all other transportation services not required by law. If a district charges fees for
transportation of pupils, it must establish guidelines for that transportation to ensure that
no pupil is denied transportation solely because of inability to pay;

(12) motorcycle classroom education courses conducted outside of regular school
hours; provided the charge must not exceed the actual cost of these courses to the school
district;

(13) transportation to and from postsecondary institutions for pupils enrolled under
the postsecondary enrollment options program under section 123B.88, subdivision 22.
Fees collected for this service must be reasonable and must be used to reduce the cost
of operating the route. Families who qualify for mileage reimbursement under section
124D.09, subdivision 22, may use their state mileage reimbursement to pay this fee. If
no fee is charged, districts must allocate costs based on the number of pupils riding the
route new text begin ; and
new text end

new text begin (14) the additional cost of an optional full-day kindergarten program in a district or a
charter school that also provides a half-time kindergarten option, except that no fee shall
be charged for providing a child with a disability a free and appropriate public education
in accordance with the child's individualized education program according to section
125A.03. If a district charges fees for a full-day kindergarten program, it must establish a
reasonable sliding fee scale but it shall waive the fee for a participant unable to pay new text end .

Sec. 3.

Minnesota Statutes 2006, section 123B.37, subdivision 1, is amended to read:

Subdivision 1.

Boards shall not charge certain fees.

(a) A board is not authorized
to charge fees in the following areas:

(1) textbooks, workbooks, art materials, laboratory supplies, towels;

(2) supplies necessary for participation in any instructional course except as
authorized in sections 123B.36 and 123B.38;

(3) field trips that are required as a part of a basic education program or course;

(4) graduation caps, gowns, any specific form of dress necessary for any educational
program, and diplomas;

(5) instructional costs for necessary school personnel employed in any course or
educational program required for graduation new text begin except as authorized in section 123B.36,
subdivision 1, clause (14) new text end ;

(6) library books required to be utilized for any educational course or program;

(7) admission fees, dues, or fees for any activity the pupil is required to attend;

(8) any admission or examination cost for any required educational course or
program;

(9) locker rentals;

(10) transportation to and from school of pupils living two miles or more from
school.

(b) Notwithstanding paragraph (a), clauses (1) and (6), a board may charge fees
for textbooks, workbooks, and library books, lost or destroyed by students. The board
must annually notify parents or guardians and students about its policy to charge a fee
under this paragraph.

Sec. 4.

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. 5.

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 15 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.

Sec. 6.

Minnesota Statutes 2006, section 124D.55, is amended to read:

124D.55 GENERAL EDUCATION DEVELOPMENT (GED) TEST FEES.

The commissioner shall pay 60 percent of the fee that is charged to an eligible
individual for the full battery of a general education development (GED) test, but not
more than deleted text begin $20 deleted text end new text begin $40 new text end for an eligible individual.