Minnesota Legislature
SF 3657
as introduced - 85th Legislature (2007 - 2008) 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; modifying the
Postsecondary Enrollment Options Act; amending Minnesota Statutes 2006,
sections 124D.09, subdivisions 3, 5, 7, 16, 24; 124D.095, subdivision 10;
Minnesota Statutes 2007 Supplement, section 124D.095, subdivisions 3, 4, 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 124D.09, subdivision 3, is amended to
read:
Subd. 3.
Definitions.
For purposes of this section, the following terms have the
meanings given to them.
(a) "Eligible institution" means a Minnesota public postsecondary institution, a
private, nonprofit two-year trade and technical school granting associate degrees, an
opportunities industrialization center accredited by the North Central Association of
Colleges and Schools, or a private, residential, two-year or four-year, liberal arts,
degree-granting college or university located in Minnesota.
(b) "Course" means a course or program.
new text begin
(c) "Full time" means no less than 12 semester hours of college credit and no more
than 15 semester hours of college credit per semester.
new text end
new text begin
(d) "Secondary pupils" means a high school student requiring four semesters or less
of full-time enrollment to meet requirements necessary for a high school diploma.
new text end
Sec. 2.
Minnesota Statutes 2006, section 124D.09, subdivision 5, is amended to read:
Subd. 5.
Authorization; notification.
Notwithstanding any other law to the
contrary, an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled
tribal contract or grant school eligible for aid under section 124D.83, except a foreign
exchange pupil enrolled in a district under a cultural exchange program, may apply to an
eligible institution, as defined in subdivision 3, to enroll in nonsectarian courses offered by
that postsecondary institution. If an institution accepts a secondary pupil for enrollment
under this section, the institution shall send written notice to the pupil, the pupil's school
or school district, and the commissioner within ten days of acceptance. The notice must
indicate the course and hours of enrollment of that pupil. If the pupil enrolls in a course
for postsecondary creditnew text begin onlynew text end , the institution must notify the pupil about payment in the
customary manner used by the institution.
Sec. 3.
Minnesota Statutes 2006, section 124D.09, subdivision 7, is amended to read:
Subd. 7.
Dissemination of information; notification of intent to enroll.
By March
1 of each year, a district must provide general information about the program to all pupils
in grades 10 and 11. To assist the district in planning, a pupil shall inform the district deleted text begin bydeleted text end new text begin
no earlier than new text end March 30 of each year new text begin and no later than May 1 of each year new text end of the pupil's
intent to enroll in postsecondary courses during the following school year. deleted text begin A pupil is not
bound by notifying or not notifying the district by March 30.
deleted text end
Sec. 4.
Minnesota Statutes 2006, section 124D.09, subdivision 16, is amended to read:
Subd. 16.
Financial arrangements for courses provided according to
agreements.
(a) The agreement between a board and the governing body of a public
postsecondary system or private postsecondary institution shall set forth the payment
amounts and arrangements, if any, from the board to the postsecondary institution. No
payments shall be made by the department according to subdivision 13 or 15. For the
purpose of computing state aids for a district, a pupil enrolled according to subdivision
10 shall be counted in the average daily membership of the district as though the pupil
were enrolled in a secondary course that is not offered in connection with an agreement.
Nothing in this subdivision shall be construed to prohibit a public postsecondary system
or private postsecondary institution from receiving additional state funding deleted text begin that may be
available under any other lawdeleted text end new text begin not linked to calculation of state per pupil general education
revenue formula under section 126C.10, subdivision 2new text end .
(b) If a course is provided under subdivision 10, offered at a secondary school, and
taught by a secondary teacher, the postsecondary system or institution must not require a
payment from the school board that exceeds the cost to the postsecondary institution that
is directly attributable to providing that course.
Sec. 5.
Minnesota Statutes 2006, section 124D.09, subdivision 24, is amended to read:
Subd. 24.
Limit; state obligation.
The provisions of subdivisions 13, 19, 22, and
23 shall not apply for any postsecondary courses in which a pupil is enrolled in addition
to being enrolled full time in that pupil's district or for any postsecondary course in
which a pupil is enrolled for postsecondary credit. deleted text begin The pupil is enrolled full time if the
pupil attends credit-bearing classes in the high school or high school program for all of
the available hours of instruction.
deleted text end
Sec. 6.
Minnesota Statutes 2007 Supplement, section 124D.095, subdivision 3, is
amended to read:
Subd. 3.
Authorization; notice; limitations on enrollment.
(a) A student may
apply for full-time enrollment in an approved online learning program under section
124D.03, 124D.08 or 124D.10deleted text begin , or for supplemental online learningdeleted text end . Notwithstanding
sections 124D.03, 124D.08, and 124D.10, procedures for enrolling in new text begin supplemental new text end online
learning shall be as provided in this subdivision. 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 online learning. In order that a
student may enroll in online learning, the student and the student's parents must submit an
application to the online learning provider and identify the reason for enrolling in online
learning. The online learning provider that accepts a student under this section must within
ten days notify the student and the enrolling district in writing if the enrolling district is
not the online learning provider. The student and family must notify the online learning
provider of their intent to enroll in online learning within ten days of acceptance, at which
time the student and parent must sign a statement of assurance that they have reviewed the
online course or program and understand the expectations of online learning enrollment.
The online learning provider must notify the enrolling district of the student's deleted text begin enrollmentdeleted text end new text begin
application to enroll new text end in online learning in writing on a form provided by the department.
(b) Supplemental online learning notification to the enrolling district upon student
deleted text begin enrollment indeleted text end new text begin application to new text end the online learning deleted text begin programdeleted text end new text begin provider new text end will include the
courses or program, credits to be awarded, new text begin and new text end the start date of online enrollmentdeleted text begin , and
confirmationdeleted text end new text begin . An online learning provider must make available to the enrolling district the
course syllabus, standard alignment, content outline, assessment requirements, and contact
information for supplemental online courses taken by students in the enrolling district.
The enrolling district must confirm new text end that the courses will meet the student's graduation plannew text begin
before the student is enrolled in the online programnew text end . A student may enroll in supplemental
online learning courses up to the midpoint of the enrolling district's term. The enrolling
district may waive this requirement for special circumstances and upon acceptance by
the online provider.
(c) An online learning provider must notify the commissioner that it is delivering
online learning and report the number of online learning students it is accepting and the
online learning courses and programs it is delivering.
(d) An online 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.
(e) An enrolling district may reduce an online learning student's regular classroom
instructional membership in proportion to the student's membership in online learning
courses.
new text begin
(f) The online provider must report student progress to the enrolling district in a
manner specified by the commissioner. The enrolling district must designate a contact
person to assist in monitoring student progress.
new text end
Sec. 7.
Minnesota Statutes 2007 Supplement, section 124D.095, subdivision 4, is
amended to read:
Subd. 4.
Online learning parameters.
(a) An online learning student must receive
academic credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student must be counted toward the
graduation and credit requirements of the enrolling district. deleted text begin An online learning provider
must make available to the enrolling district the course syllabus, standard alignment,
content outline, assessment requirements, and contact information for supplemental online
courses taken by students in the enrolling district.deleted 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. The enrolling district must use the same criteria for accepting online
learning credits or courses as it does for accepting credits or courses for transfer students
under section 124D.03, subdivision 9. The enrolling district may reduce the course
schedule of an online learning student in proportion to the number of online learning
courses the student takes from an online learning provider that is not the enrolling district.
(b) An online learning student may:
(1) enroll in supplemental online learning courses during a single school year to a
maximum of 50 percent of the student's full schedule of courses per term. A student may
exceed the supplemental online learning registration limit if the enrolling district grants
permission for supplemental online learning enrollment above the limit, or if an agreement
is made between the enrolling district and the online learning provider for instructional
services;
(2) complete course work at a grade level that is different from the student's current
grade level; and
(3) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for payment of any tuition or course fees.
(c) An online learning student has the same access to the computer hardware and
education software available in a school as all other students in the enrolling district. An
online learning provider must assist an online learning student whose family qualifies
for the education tax credit under section 290.0674 to acquire computer hardware and
educational software for online learning purposes.
(d) An enrolling district may offer online learning to its enrolled students. Such
online learning does not generate online learning funds under this section. 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.
(e) 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.
(f) To enroll in more than 50 percent of the student's full schedule of courses per term
in online learning, the student must qualify to exceed the supplemental online learning
registration limit under paragraph (b) or apply for enrollment to an approved full-time
online learning program following appropriate procedures in subdivision 3, paragraph (a).
Full-time online learning students may enroll in classes at a local school per contract for
instructional services between the online learning provider and the school district.
Sec. 8.
Minnesota Statutes 2007 Supplement, section 124D.095, subdivision 7, is
amended to read:
Subd. 7.
Department of Education.
(a) The department must review and certify
online learning providers. The online learning courses and programs must be rigorous,
aligned with state academic standards, and contribute to grade progression in a single
subject. Online learning providers must demonstrate to the commissioner that online
learning courses deleted text begin have equivalentdeleted text end new text begin meet professionalnew text end standards deleted text begin ordeleted text end new text begin ofnew text end instruction, curriculum,
and assessment deleted text begin requirements as other courses offered to enrolled studentsdeleted text end new text begin as indicated in a
syllabus submitted according to the commissioner's requirementsnew text end . The online learning
provider must also demonstrate expectations for actual teacher contact time or other
student-to-teacher communication. Once an online learning provider is approved under
this paragraph, all of its online learning course offerings are eligible for payment under
this section unless a course is successfully challenged by an enrolling district or the
department under paragraph (b).
(b) An enrolling district may challenge the validity of a course offered by an online
learning provider. The department must review such challenges based on the certification
procedures under paragraph (a). The department may initiate its own review of the validity
of an online learning course offered by an online learning provider.
(c) The department may collect a fee not to exceed $250 for certifying online
learning providers or $50 per course for reviewing a challenge by an enrolling district.
(d) The department must develop, publish, and maintain a list of approved online
learning providers and online learning courses and programs that it has reviewed and
certified.
Sec. 9.
Minnesota Statutes 2006, section 124D.095, subdivision 10, is amended to read:
Subd. 10.
Online Learning Advisory Council.
deleted text begin (a)deleted text end An Online Learning Advisory
Council is established under section 15.059, except that the term for each council member
shall be three years. The advisory council is composed of 12 members from throughout
the state who have demonstrated experience with or interest in online learning. The
members of the council shall be appointed by the commissioner. The advisory council
shall bring to the attention of the commissioner any matters related to online learning and
provide input to the department in matters related, but not restricted, to:
(1) quality assurance;
(2) teacher qualifications;
(3) program approval;
(4) special education;
(5) attendance;
(6) program design and requirements; and
(7) fair and equal access to programs.
deleted text begin
(b) The Online Learning Advisory Council under this subdivision expires June
30, 2008.
deleted text end