Minnesota Legislature
SF 3111
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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A bill for an act
relating to education; modifying the Online Learning Option Act; amending
Minnesota Statutes 2004, sections 124D.095, subdivisions 3, 7; 124D.096;
Minnesota Statutes 2005 Supplement, section 124D.095, subdivisions 4, 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 124D.095, subdivision 3, is amended to
read:
Subd. 3.
Authorization; notice; limitations on enrollment.
(a) A student may
apply to an on-line learning provider to enroll in on-line learning. A student age 17 or
younger must have the written consent of a parent or guardian to apply. No school district
or charter school may prohibit a student from applying to enroll in on-line learning. deleted text begin An
on-line learning provider that accepts a student under this section must, within ten days,
notify the student and the enrolling district if the enrolling district is not the on-line
learning provider. The notice must report the student's course or program and hours of
instruction.deleted text end new text begin An online learning provider must comply with the application and notification
procedures and timelines under section 124D.03, subdivisions 3, 4, 5, 6, and 7.
new text end
(b) deleted text begin An on-line learning student must notify the enrolling district at least 30 days
before taking an on-line learning course or program if the enrolling district is not providing
the on-line learning.deleted text end An on-line learning provider must notify the commissioner that it
is delivering on-line learning and report the number of on-line learning students it is
accepting and the on-line learning courses and programs it is delivering.
(c) An on-line learning provider may limit enrollment if the provider's school board
or board of directors adopts by resolution specific standards for accepting and rejecting
students' applications.
(d) An enrolling district may reduce an on-line learning student's regular classroom
instructional membership in proportion to the student's membership in on-line learning
courses.
new text begin
(e) Online enrollments after the commencement of any school year shall not result in
reduction of the enrolling school district's general education revenue for that school year.
new text end
Sec. 2.
Minnesota Statutes 2005 Supplement, section 124D.095, subdivision 4, is
amended to read:
Subd. 4.
Online learning parameters.
(a) An online learning student must receive
academic credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student must be counted toward the
graduation and credit requirements of the enrolling districtnew text begin , provided the enrolling district
has had the opportunity to review the course syllabus, course content, performance
requirements, and evaluation criteria of the online course prior to the enrolling district's
student enrollment in the online provider's coursenew text end . The enrolling district must apply the
same graduation requirements to all students, including online learning students, and
must continue to provide nonacademic services to online learning students. If a student
completes an online learning course or program that meets or exceeds a graduation
standard or grade progression requirement at the enrolling district, that standard or
requirement is met. new text begin Course completion is evidenced by the student's transcript showing
a passing grade and the amount of credit the student has earned. new text end The enrolling district
must use the same criteria for accepting online learning credits or courses as it does for
accepting credits or courses for transfer students under section 124D.03, subdivision 9.
The enrolling district may reduce the teacher contact time of an online learning student
in proportion to the number of online learning courses the student takes from an online
learning provider that is not the enrolling district.new text begin The reduction in teacher contact time
can only be made if such a reduction does not result in reduction of salary or benefits,
unless the reduction in contact time is made according to section 122A.40 or 122A.41.
new text end
(b) An online learning student may:
(1) enroll during a single school year in a maximum of 12 semester-long courses or
their equivalent delivered by an online learning provider or the enrolling district;
(2) complete course work at a grade level that is different from the student's current
grade level; and
(3) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for payment of any tuition or course fees.
(c) A student with a disability may enroll in an online learning course or program
if the student's IEP team determines that online learning is appropriate education for
the student.
(d) An online learning student has the same access to the computer hardware and
education software available in a school as all other students in the enrolling district. An
online learning provider must assist an online learning student whose family qualifies
for the education tax credit under section 290.0674 to acquire computer hardware and
educational software for online learning purposes.
(e) An enrolling district may offer online learning to its enrolled students. Such
online learning does not generate online learning funds under this section. An enrolling
district that offers online learning only to its enrolled students is not subject to the
reporting requirements or review criteria under subdivision 7. A teacher with a Minnesota
license must assemble and deliver instruction to enrolled students receiving online
learning from an enrolling district. The delivery of instruction occurs when the student
interacts with the computer or the teacher and receives ongoing assistance and assessment
of learning. The instruction may include curriculum developed by persons other than a
teacher with a Minnesota license.
(f) An online learning provider that is not the enrolling district is subject to the
reporting requirements and review criteria under subdivision 7. A teacher with a
Minnesota license must assemble and deliver instruction to online learning students. The
delivery of instruction occurs when the student interacts with the computer or the teacher
and receives ongoing assistance and assessment of learning. The instruction may include
curriculum developed by persons other than a teacher with a Minnesota license. Unless
the commissioner grants a waiver, a teacher providing online learning instruction must not
instruct more than 40 students in any one online learning course or program.
Sec. 3.
Minnesota Statutes 2004, section 124D.095, subdivision 7, is amended to read:
Subd. 7.
Department of Education.
(a) The department must review and
certify on-line learning providers. The on-line learning courses and programs must be
rigorous, aligned with state academic standards, and contribute to grade progression in a
single subject. On-line learning providers must deleted text begin affirmdeleted text end new text begin demonstratenew text end to the commissioner
that on-line learning courses have equivalent standards or instruction, curriculum, and
assessment requirements as other courses offered to enrolled students. new text begin The enrolled
student's enrolling district must validate the provider's analysis of the online learning
course. new text end The on-line learning provider must also demonstrate expectations for actual
teacher contact time or other student-to-teacher communication. deleted text begin Once an on-line learning
provider is approved under this paragraph, all of its on-line learning course offerings are
eligible for payment under this section unless a course is successfully challenged by an
enrolling district or the department under paragraph (b).
deleted text end
(b) An enrolling district may challenge the validity of a course offered by an on-line
learning provider. deleted text begin The department must review such challenges based on the certification
procedures under paragraph (a). The department may initiate its own review of the validity
of an on-line learning course offered by an on-line learning provider.deleted text end new text begin The online provider
shall respond to enrolling district challenges within 30 days of receiving the enrolling
district's challenge. The online provider may refer the challenge and the online provider's
response to the enrolling district's school board for final determination of course validity.
Local school board decisions may be appealed to the commissioner by the online provider.
new text end
(c) deleted text begin The department may collect a fee not to exceed $250 for certifying on-line
learning providers or $50 per course for reviewing a challenge by an enrolling district.
deleted text end
deleted text begin (d) deleted text end The department must develop, publish, and maintain a list of approved on-line
learning providers and on-line learning courses and programs that it has reviewed and
certified.
Sec. 4.
Minnesota Statutes 2005 Supplement, section 124D.095, subdivision 8, is
amended to read:
Subd. 8.
Financial arrangements.
(a) For a student enrolled in an online learning
course, the department must calculate average daily membership and make payments
according to this subdivision.
(b) The initial online learning average daily membership equals 1/12 for each
semester course or a proportionate amount for courses of different lengths. The adjusted
online learning average daily membership equals the initial online learning average daily
membership times .88.
(c) No online learning average daily membership shall be generated if: (1) the
student does not complete the online learning coursenew text begin as evidenced by the enrolling
district's recognition of the course, student receiving a passing grade, and specification of
credit earnednew text end , deleted text begin ordeleted text end (2) the student is enrolled in online learning provided by the enrolling
districtnew text begin , or (3) the enrolling district average daily membership calculation for the enrolling
student equals the general education revenue availablenew text end .
(d) Online learning average daily membership under this subdivision for a student
currently enrolled in a Minnesota public school shall be used only for computing average
daily membership according to section 126C.05, subdivision 19, paragraph (a), clause (ii),
and for computing online learning aid according to section 124D.096.
Sec. 5.
Minnesota Statutes 2004, section 124D.096, is amended to read:
124D.096 ON-LINE LEARNING AID.
(a) The on-line learning aid for an on-line learning provider equals the product
of the adjusted on-line learning average daily membership for students under section
124D.095, subdivision 8, paragraph (d), times the student grade level weighting under
section 126C.05, subdivision 1, times the formula allowance.
(b) Notwithstanding section 127A.45, the department must pay each on-line learning
provider 80 percent of the amount in paragraph (a) within 45 days of receiving final
enrollment and course completion information each quarter or semester. A final payment
equal to 20 percent of the amount in paragraph (a) must be made on September 30 of
the next fiscal year.
new text begin
(c) In those instances where student adjusted average daily membership exceeds
general education formula revenue available, the enrolling district shall be paid according
to its reported adjusted average daily membership prior to payment being made to the
online learning provider.
new text end