3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/29/2013 08:50am
A bill for an act
relating to education; modifying policies for early childhood through grade
12 education; including general education student accountability, education
excellence, charter schools, special programs, technology, libraries, and early
childhood education, self-sufficiency, and lifelong learning;amending Minnesota
Statutes 2012, sections 15.059, subdivision 5b; 120A.41; 120B.021, subdivision
1; 120B.023; 120B.024; 120B.15; 120B.31, subdivision 1; 121A.39; 122A.09,
subdivision 4; 122A.18, subdivision 2; 122A.23, subdivision 2; 122A.28,
subdivision 1; 123B.88, subdivision 22; 123B.92, subdivision 1; 124D.095,
subdivision 10; 124D.10; 124D.122; 124D.52, by adding a subdivision; 124D.79,
subdivision 1, by adding a subdivision; 125A.0941; 125A.0942; 125A.27,
subdivisions 8, 11, 14; 125A.28; 125A.29; 125A.30; 125A.32; 125A.33;
125A.35, subdivision 1; 125A.36; 125A.43; 126C.10, subdivision 14; 126C.15,
subdivision 2; 134.32; 134.34; 134.351, subdivisions 3, 7; 134.353; 134.354;
134.355, subdivisions 1, 2, 3, 4, 5, 6; 134.36; 260A.02, subdivision 3; 260A.03;
260A.05, subdivision 1; 260A.07, subdivision 1; Laws 2011, First Special
Session chapter 11, article 7, section 2, subdivision 8, as amended; proposing
coding for new law in Minnesota Statutes, chapters 120A; 120B; 124D; repealing
Minnesota Statutes 2012, section 125A.35, subdivisions 4, 5; Minnesota Rules,
parts 3501.0505; 3501.0510; 3501.0515; 3501.0520; 3501.0525; 3501.0530;
3501.0535; 3501.0540; 3501.0545; 3501.0550.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2012, section 120A.41, is amended to read:
A school board's annual school calendar must include at least 425 hours of
instruction for a kindergarten student without a disability, 935 hours of instruction for a
student in grades 1 though 6, and 1,020 hours of instruction for a student in grades 7
though 12, not including summer school.
Nothing in this section permits a school district a four-day week schedule
unless approved by the commissioner under section 124D.126.
Minnesota Statutes 2012, section 123B.88, subdivision 22, is amended to read:
Districts may provide bus
transportation along school bus routes when space is available, for pupils attending
programs at a postsecondary institution under the postsecondary enrollment options
The transportation is permitted only if it does not increase the district's Fees collected for this service under section 123B.36,
expenditures for transportation.
subdivision 1, paragraph (13), shall be subtracted from the authorized cost for nonregular
transportation for the purpose of section 123B.92.
Minnesota Statutes 2012, section 123B.92, subdivision 1, is amended to read:
For purposes of this section and section 125A.76, the
terms defined in this subdivision have the meanings given to them.
(a) "Actual expenditure per pupil transported in the regular and excess transportation
categories" means the quotient obtained by dividing:
(1) the sum of:
(i) all expenditures for transportation in the regular category, as defined in paragraph
(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
(ii) an amount equal to one year's depreciation on the district's school bus fleet
and mobile units computed on a straight line basis at the rate of 15 percent per year for
districts operating a program under section 124D.128 for grades 1 to 12 for all students in
the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
(iii) an amount equal to one year's depreciation on the district's type III vehicles, as
defined in section 169.011, subdivision 71, which must be used a majority of the time for
pupil transportation purposes, computed on a straight line basis at the rate of 20 percent
per year of the cost of the type three school buses by:
(2) the number of pupils eligible for transportation in the regular category, as defined
in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
(b) "Transportation category" means a category of transportation service provided to
pupils as follows:
(1) Regular transportation is:
(i) transportation to and from school during the regular school year for resident
elementary pupils residing one mile or more from the public or nonpublic school they
attend, and resident secondary pupils residing two miles or more from the public
or nonpublic school they attend, excluding desegregation transportation and noon
kindergarten transportation; but with respect to transportation of pupils to and from
nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;
(ii) transportation of resident pupils to and from language immersion programs;
(iii) transportation of a pupil who is a custodial parent and that pupil's child between
the pupil's home and the child care provider and between the provider and the school, if
the home and provider are within the attendance area of the school;
(iv) transportation to and from or board and lodging in another district, of resident
pupils of a district without a secondary school; and
(v) transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance
area border to the public school is one mile or more, and for nonresident secondary pupils
when the distance from the attendance area border to the public school is two miles or
more, excluding desegregation transportation and noon kindergarten transportation.
For the purposes of this paragraph, a district may designate a licensed day care facility,
school day care facility, respite care facility, the residence of a relative, or the residence
of a person or other location chosen by the pupil's parent or guardian, or an after-school
program for children operated by a political subdivision of the state, as the home of a pupil
for part or all of the day, if requested by the pupil's parent or guardian, and if that facility,
residence, or program is within the attendance area of the school the pupil attends.
(2) Excess transportation is:
(i) transportation to and from school during the regular school year for resident
secondary pupils residing at least one mile but less than two miles from the public or
nonpublic school they attend, and transportation to and from school for resident pupils
residing less than one mile from school who are transported because of full-service school
zones, extraordinary traffic, drug, or crime hazards; and
(ii) transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two miles from the public school
they attend, and for nonresident pupils when the distance from the attendance area border
to the school is less than one mile from the school and who are transported because of
full-service school zones, extraordinary traffic, drug, or crime hazards.
(3) Desegregation transportation is transportation within and outside of the district
during the regular school year of pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the commissioner or under
(4) "Transportation services for pupils with disabilities" is:
(i) transportation of pupils with disabilities who cannot be transported on a regular
school bus between home or a respite care facility and school;
(ii) necessary transportation of pupils with disabilities from home or from school to
other buildings, including centers such as developmental achievement centers, hospitals,
and treatment centers where special instruction or services required by sections 125A.03
to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
where services are provided;
(iv) board and lodging for pupils with disabilities in a district maintaining special
(v) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, and necessary
transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils
with disabilities who are provided special instruction and services on a shared-time basis
or if resident pupils are not transported, the costs of necessary travel between public
and private schools or neutral instructional sites by essential personnel employed by the
district's program for children with a disability;
(vi) transportation for resident pupils with disabilities to and from board and lodging
facilities when the pupil is boarded and lodged for educational purposes;
(vii) transportation of pupils for a curricular field trip activity on a school bus
equipped with a power lift when the power lift is required by a student's disability or
section 504 plan; and
(viii) services described in clauses (i) to (vii), when provided for pupils with
disabilities in conjunction with a summer instructional program that relates to the
pupil's individualized education program or in conjunction with a learning year program
established under section 124D.128.
For purposes of computing special education initial aid under section 125A.76,
subdivision 2, the cost of providing transportation for children with disabilities includes
(A) the additional cost of transporting a homeless student from a temporary nonshelter
home in another district to the school of origin, or a formerly homeless student from a
permanent home in another district to the school of origin but only through the end of
the academic year; and (B) depreciation on district-owned school buses purchased after
July 1, 2005, and used primarily for transportation of pupils with disabilities, calculated
according to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the
disabled transportation category must be excluded in calculating the actual expenditure
per pupil transported in the regular and excess transportation categories according to
(5) "Nonpublic nonregular transportation" is:
(i) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under clause (4);
(ii) transportation within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who are provided pupil support
services pursuant to section 123B.44; and
(iii) late transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.
(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
educational programs and services, including diagnostic testing, guidance and counseling
services, and health services. A mobile unit located off nonpublic school premises is a
neutral site as defined in section 123B.41, subdivision 13.
Minnesota Statutes 2012, section 126C.10, subdivision 14, is amended to read:
Total operating capital revenue
may be used only for the following purposes:
(1) to acquire land for school purposes;
(2) to acquire or construct buildings for school purposes;
(3) to rent or lease buildings, including the costs of building repair or improvement
that are part of a lease agreement;
(4) to improve and repair school sites and buildings, and equip or reequip school
buildings with permanent attached fixtures, including library media centers;
(5) for a surplus school building that is used substantially for a public nonschool
(6) to eliminate barriers or increase access to school buildings by individuals with a
(7) to bring school buildings into compliance with the State Fire Code adopted
according to chapter 299F;
(8) to remove asbestos from school buildings, encapsulate asbestos, or make
(9) to clean up and dispose of polychlorinated biphenyls found in school buildings;
(10) to clean up, remove, dispose of, and make repairs related to storing heating fuel
or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined
in section 296A.01;
(11) for energy audits for school buildings and to modify buildings if the audit
indicates the cost of the modification can be recovered within ten years;
(12) to improve buildings that are leased according to section 123B.51, subdivision 4;
(13) to pay special assessments levied against school property but not to pay
assessments for service charges;
(14) to pay principal and interest on state loans for energy conservation according to
section 216C.37 or loans made under the Douglas J. Johnson Economic Protection Trust
Fund Act according to sections 298.292 to 298.298;
(15) to purchase or lease interactive telecommunications equipment;
(16) by board resolution, to transfer money into the debt redemption fund to: (i)
pay the amounts needed to meet, when due, principal and interest payments on certain
obligations issued according to chapter 475; or (ii) pay principal and interest on debt
service loans or capital loans according to section 126C.70;
(17) to pay operating capital-related assessments of any entity formed under a
cooperative agreement between two or more districts;
(18) to purchase or lease computers and related
materials, copying machines, telecommunications equipment, and other
(19) to purchase or lease assistive technology or equipment for instructional
(20) to purchase textbooks;
(21) to purchase new and replacement library media resources or technology;
(22) to lease or purchase vehicles;
(23) to purchase or lease telecommunications equipment, computers, and related
equipment for integrated information management systems for:
(i) managing and reporting learner outcome information for all students under a
results-oriented graduation rule;
(ii) managing student assessment, services, and achievement information required
for students with individualized education programs; and
(iii) other classroom information management needs;
(24) to pay personnel costs directly related to the acquisition, operation, and
maintenance of telecommunications systems, computers, related equipment, and network
and applications software; and
(25) to pay the costs directly associated with closing a school facility, including
moving and storage costs.
Minnesota Statutes 2012, section 126C.15, subdivision 2, is amended to read:
(a) A district or cooperative must allocate its
compensatory revenue to each school building in the district or cooperative where
the children who have generated the revenue are served unless the school district or
cooperative has received permission under Laws 2005, First Special Session chapter 5,
article 1, section 50, to allocate compensatory revenue according to student performance
measures developed by the school board.
(b) Notwithstanding paragraph (a), a district or cooperative may allocate up to
five percent of the amount of compensatory revenue that the district receives to school
sites according to a plan adopted by the school board. The money
reallocated under this paragraph must be spent for the purposes listed in subdivision 1, but
may be spent on students in any grade, including students attending school readiness or
other prekindergarten programs.
(d) Notwithstanding section 123A.26, subdivision 1, compensatory revenue
generated by students served at a cooperative unit shall be paid to the cooperative unit.
(e) A district or cooperative with school building openings, school building
closings, changes in attendance area boundaries, or other changes in programs or student
demographics between the prior year and the current year may reallocate compensatory
revenue among sites to reflect these changes. A district or cooperative must report to the
department any adjustments it makes according to this paragraph and the department must
use the adjusted compensatory revenue allocations in preparing the report required under
section 123B.76, subdivision 3, paragraph (c).
Minnesota Statutes 2012, section 120B.021, subdivision 1, is amended to read:
The following subject areas
are required for statewide accountability:
(1) language arts;
(4) social studies
, including history, geography, economics, and government and ;
(5) physical education;
(6) health, for which locally developed academic standards apply; and
(7) 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.
The commissioner must submit proposed standards in science and social studies to
the legislature by February 1, 2004.
For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
program team has determined that the required academic standards are inappropriate. An
individualized education program team that makes this determination must establish
A school district, no later than the 2007-2008 school year, must adopt graduation District
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.
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.
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.
Minnesota Statutes 2012, section 120B.023, is amended to read:
(a) The commissioner must supplement required state academic standards with
grade-level benchmarks. High school benchmarks may cover more than one grade.
The Schools must offer and students must achieve to satisfactorily complete
benchmarks must implement statewide academic standards by specifying the academic
knowledge and skills that
a state standard. The commissioner
must publish benchmarks to inform and guide parents, teachers, school districts, and other
interested persons and to use in developing tests consistent with the benchmarks.
(b) The commissioner shall publish benchmarks in the State Register and transmit the
benchmarks in any other manner that makes them accessible to the general public. The
commissioner may charge a reasonable fee for publications.
(c) Once established, the commissioner may change the benchmarks only with
specific legislative authorization and after completing a review under subdivision 2.
(d) The commissioner must develop and implement a system for reviewing each
of the required academic standards and related benchmarks and elective standards on a
periodic cycle, consistent with subdivision 2.
(e) The benchmarks are not subject to chapter 14 and section 14.386 does not
(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
(2) students scheduled to graduate in the 2014-2015 school year or later must
satisfactorily complete an algebra II credit or its equivalent.
also must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 are aligned with the state academic
standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph
(b). The commissioner must implement a review of the academic standards and related
benchmarks in mathematics beginning in the 2015-2016 school year.
The commissioner in the 2007-2008 school year must revise and align the state's The commissioner must implement a review of the academic standards and
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
related benchmarks in arts beginning in the 2016-2017 school year.
The commissioner in the 2008-2009 school year must revise and align the state's The
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. Under the revised standards, students scheduled to graduate in the 2014-2015
school year or later must satisfactorily complete a chemistry or physics credit or a career
and technical education credit that meets standards underlying the chemistry, physics,
or biology credit or a combination of those standards approved by the district.
commissioner must implement a review of the academic standards and related benchmarks
in science beginning in the 2017-2018 school year.
The commissioner in the 2009-2010 school year must revise and align the state's The commissioner must implement a review of the academic
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.
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, world languages, and career
and technical education to require students to complete the revised standards beginning
in a school year determined by the school district or charter school. School districts and
charter schools must formally establish a periodic review cycle for the academic standards
and related benchmarks in health, world languages, and career and technical education.
Minnesota Statutes 2012, section 120B.024, is amended to read:
(a) Students beginning 9th grade in the
2011-2012 school year and later must successfully complete the following high school
course credits for graduation:
(1) four credits of language arts;
(2) three credits of mathematics,
encompassing at least algebra, geometry, statistics, sufficient to satisfy the academic
(3) three credits of science, including at least : (i) one credit in biology ; and ;
(ii) one chemistry or physics credit or a career and technical education credit that meets
standards underlying the chemistry, physics, or biology credit or a combination of those
standards approved by the district, but meeting biology standards under this item does not
meet the biology requirement under item (i)
(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; and (6) a minimum of seven 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 other than the specified science credit in biology under paragraph (a), clause (3).
(c) A career and technical education
course may fulfill a mathematics or arts
or a science credit requirement other than the specified science credit in under
paragraph (a), clause (2) , (3), or (5).
Minnesota Statutes 2012, section 120B.15, is amended to read:
(a) School districts may identify students, locally develop programs, provide staff development, and evaluate programs to
provide gifted and talented students with challenging educational programs.
(b) School districts
may adopt guidelines for assessing and identifying students
for participation in gifted and talented programs. The guidelines should include the use of:
(1) multiple and objective criteria; and
(2) assessments and procedures that are valid and reliable, fair, and based on current
theory and research.
(c) School districts must adopt procedures for the academic acceleration of gifted
and talented students. These procedures must include how the district will:
(1) assess a student's readiness and motivation for acceleration; and
(2) match the level, complexity, and pace of the curriculum to a student to achieve
the best type of academic acceleration for that student.
Minnesota Statutes 2012, section 120B.31, subdivision 1, is amended to read:
with the direction to adopt statewide academic standards under section 120B.02, the
department, in consultation with education and other system stakeholders, must establish a
coordinated and comprehensive system of educational accountability and public reporting
that promotes greater academic achievement, preparation for higher academic education,
preparation for the world of work, citizenship
under sections 120B.021, subdivision 1, , and the arts.
clause (4), and 120B.024, paragraph (a), clause (4)
Minnesota Statutes 2012, section 121A.39, is amended to read:
A school district is strongly encouraged to have an adequate student-to-counselor
ratio for its students beginning in the 2015-2016 school year and later.
Minnesota Statutes 2012, section 122A.09, subdivision 4, is amended to read:
(a) The board must adopt rules to license public school
teachers and interns subject to chapter 14.
(b) The board must adopt rules requiring a person to pass a skills examination in
reading, writing, and mathematics as a requirement for initial teacher licensure. Such rules must require college and universities offering
a board-approved teacher preparation program to provide remedial assistance to persons
who did not achieve a qualifying score on the skills examination, including those for
whom English is a second language.
(c) The board must adopt rules to approve teacher preparation programs. The board,
upon the request of a postsecondary student preparing for teacher licensure or a licensed
graduate of a teacher preparation program, shall assist in resolving a dispute between the
person and a postsecondary institution providing a teacher preparation program when the
dispute involves an institution's recommendation for licensure affecting the person or the
person's credentials. At the board's discretion, assistance may include the application
of chapter 14.
(d) The board must provide the leadership and adopt rules for the redesign of teacher
education programs to implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective. The board shall implement new
systems of teacher preparation program evaluation to assure program effectiveness based
on proficiency of graduates in demonstrating attainment of program outcomes. Teacher
preparation programs including alternative teacher preparation programs under section
122A.245, among other programs, must include a content-specific, board-approved,
performance-based assessment that measures teacher candidates in three areas: planning
for instruction and assessment; engaging students and supporting learning; and assessing
(e) The board must adopt rules requiring candidates for initial licenses to pass an
examination of general pedagogical knowledge and examinations of licensure-specific
teaching skills. The rules shall be effective by September 1, 2001. The rules under this
paragraph also must require candidates for initial licenses to teach prekindergarten or
elementary students to pass, as part of the examination of licensure-specific teaching
skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive,
scientifically based reading instruction under section 122A.06, subdivision 4, and their
knowledge and understanding of the foundations of reading development, the development
of reading comprehension, and reading assessment and instruction, and their ability to
integrate that knowledge and understanding.
(f) The board must adopt rules requiring teacher educators to work directly with
elementary or secondary school teachers in elementary or secondary schools to obtain
periodic exposure to the elementary or secondary teaching environment.
(g) The board must grant licenses to interns and to candidates for initial licenses
based on appropriate professional competencies that are aligned with the board's licensing
system and students' diverse learning needs. The board must include these licenses in a
statewide differentiated licensing system that creates new leadership roles for successful
experienced teachers premised on a collaborative professional culture dedicated to meeting
students' diverse learning needs in the 21st century and formalizes mentoring and induction
for newly licensed teachers that is provided through a teacher support framework.
(h) The board must design and implement an assessment system which requires a
candidate for an initial license and first continuing license to demonstrate the abilities
necessary to perform selected, representative teaching tasks at appropriate levels.
(i) The board must receive recommendations from local committees as established
by the board for the renewal of teaching licenses.
(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
Minnesota Statutes 2012, section 122A.18, subdivision 2, is amended to read:
(a) The Board of
Teaching must issue licenses under its jurisdiction to persons the board finds to be
qualified and competent for their respective positions.
(b) The board must require a person to pass an examination of skills in reading,
writing, and mathematics before being granted an initial teaching license to provide direct
instruction to pupils in prekindergarten, elementary, secondary, or special education
programs. 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, 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. 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.
The Board of Teaching must grant continuing licenses only to those persons who
have met board criteria for granting a continuing license, which includes passing the skills
examination in reading, writing, and mathematics.
(d) All colleges and universities approved by the board of teaching to prepare
persons for teacher licensure must include in their teacher preparation programs a common
core of teaching knowledge and skills to be acquired by all persons recommended
for teacher licensure. 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.
Minnesota Statutes 2012, section 122A.23, subdivision 2, is amended to read:
(a) Subject to the requirements of
sections 122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue a teaching
license or a temporary teaching license under paragraphs (b) to (e) to an applicant who holds
at least a baccalaureate degree from a regionally accredited college or university and holds
or held a similar out-of-state teaching license that requires the applicant to successfully
complete a teacher preparation program approved by the issuing state, which includes
field-specific teaching methods and student teaching or essentially equivalent experience.
(b) The Board of Teaching must issue a teaching license to an applicant who:
(1) successfully completed all exams and human relations preparation components
required by the Board of Teaching; and
(2) holds or held an out-of-state teaching license to teach the same content field and
grade levels if the scope of the out-of-state license is no more than one grade level less
than a similar Minnesota license.
(c) The Board of Teaching, consistent with board rules and paragraph (h), must
issue up to three one-year temporary teaching licenses to an applicant who holds or held
an out-of-state teaching license to teach the same content field and grade levels, where
the scope of the out-of-state license is no more than one grade level less than a similar
Minnesota license, but has not successfully completed all exams and human relations
preparation components required by the Board of Teaching.
(d) The Board of Teaching, consistent with board rules, must issue up to three
one-year temporary teaching licenses to an applicant who:
(1) successfully completed all exams and human relations preparation components
required by the Board of Teaching; and
(2) holds or held an out-of-state teaching license to teach the same content field
and grade levels, where the scope of the out-of-state license is no more than one grade
level less than a similar Minnesota license, but has not completed field-specific teaching
methods or student teaching or equivalent experience.
The applicant may complete field-specific teaching methods and student teaching
or equivalent experience by successfully participating in a one-year school district
mentorship program consistent with board-adopted standards of effective practice and
Minnesota graduation requirements.
(e) The Board of Teaching must issue a temporary teaching license for a term of
up to three years only in the content field or grade levels specified in the out-of-state
license to an applicant who:
(1) successfully completed all exams and human relations preparation components
required by the Board of Teaching; and
(2) holds or held an out-of-state teaching license where the out-of-state license is
more limited in the content field or grade levels than a similar Minnesota license.
(f) The Board of Teaching must not issue to an applicant more than three one-year
temporary teaching licenses under this subdivision.
(g) The Board of Teaching must not issue a license under this subdivision if the
applicant has not attained the additional degrees, credentials, or licenses required in a
particular licensure field.
The Board of Teaching must require An applicant for a teaching license or a
temporary teaching license under this subdivision
to pass a skills examination in
reading, writing, and mathematics before the board issues the license.
Minnesota Statutes 2012, section 122A.28, subdivision 1, is amended to read:
The Board of Teaching must review and determine appropriate licensure
requirements for a candidate for a license or an applicant for a continuing license to teach
deaf and hard-of-hearing students in prekindergarten through grade 12. In addition to
other requirements, a candidate must demonstrate the minimum level of proficiency in
American sign language as determined by the board.
Minnesota Statutes 2012, section 124D.122, is amended to read:
The board of any district, with the approval of the
commissioner, may establish and operate a flexible learning year program in one or
more of the day or residential facilities for children with a disability within the district.
Minnesota Statutes 2012, section 124D.79, subdivision 1, is amended to read:
The commissioner must provide for the
maximum involvement of the state committees on American Indian education, parents
of American Indian children, secondary students eligible to be served, American Indian
language and culture education teachers, American Indian teachers, teachers' aides,
representatives of community groups, and persons knowledgeable in the field of American
Indian education, in the formulation of policy and procedures relating to the administration
of sections 124D.71 to 124D.82.
Minnesota Statutes 2012, section 124D.79, is amended by adding a
subdivision to read:
Minnesota Statutes 2012, section 124D.10, is amended to read:
(a) The purpose of this section is to
: (1) improve pupil learning and student achievement ; (2) increase learning opportunities for pupils; (3) encourage the use of different and innovative teaching methods; (4) measure learning outcomes and create different and innovative forms of
(5) establish new forms of accountability for schools; and (6) create new professional opportunities for teachers, including the opportunity
to be responsible for the learning program at the school site.
(b) This section does not provide a means to keep open a school that a school board
decides to close. However, a school board may endorse or authorize the establishing of
a charter school to replace the school the board decided to close. Applicants seeking a
charter under this circumstance must demonstrate to the authorizer that the charter sought
is substantially different in purpose and program from the school the board closed and
that the proposed charter satisfies the requirements of this subdivision. If the school
board that closed the school authorizes the charter, it must document in its affidavit to the
commissioner that the charter is substantially different in program and purpose from
the school it closed.
An authorizer shall not approve an application submitted by a charter school
developer under subdivision 4, paragraph (a), if the application does not comply with this
subdivision. The commissioner shall not approve an affidavit submitted by an authorizer
under subdivision 4, paragraph (b), if the affidavit does not comply with this subdivision.
This section applies only to charter schools formed and
operated under this section.
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
"Application" to receive approval as an authorizer means the proposal an eligible
authorizer submits to the commissioner under paragraph (c) before that authorizer is able
to submit any affidavit to charter to a school.
"Application" under subdivision 4 means the charter school business plan a
school developer submits to an authorizer for approval to establish a charter school that
documents the school developer's mission statement, school purposes, program design,
financial plan, governance and management structure, and background and experience,
plus any other information the authorizer requests. The application also shall include a
"statement of assurances" of legal compliance prescribed by the commissioner.
"Affidavit" means a written statement the authorizer submits to the commissioner
for approval to establish a charter school under subdivision 4 attesting to its review and
approval process before chartering a school.
(b) The following organizations may authorize one or more charter schools:
(2) a charitable organization under section 501(c)(3) of the Internal Revenue Code
of 1986, excluding a nonpublic sectarian or religious institution; any person other than a
natural person that directly or indirectly, through one or more intermediaries, controls,
is controlled by, or is under common control with the nonpublic sectarian or religious
institution; and any other charitable organization under this clause that in the federal IRS
Form 1023, Part IV, describes activities indicating a religious purpose, that:
(i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on
(ii) is registered with the attorney general's office; and
(iii) is incorporated in the state of Minnesota and has been operating continuously
for at least five years but does not operate a charter school;
(3) a Minnesota private college, notwithstanding clause (2), that grants two- or
four-year degrees and is registered with the Minnesota Office of Higher Education under
chapter 136A; community college, state university, or technical college governed by the
Board of Trustees of the Minnesota State Colleges and Universities; or the University
(4) a nonprofit corporation subject to chapter 317A, described in section 317A.905,
and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code
of 1986, may authorize one or more charter schools if the charter school has operated
for at least three years under a different authorizer and if the nonprofit corporation has
existed for at least 25 years; or
(5) single-purpose authorizers that are charitable, nonsectarian organizations formed
under section 501(c)(3) of the Internal Revenue Code of 1986 and incorporated in the state
of Minnesota whose sole purpose is to charter schools. Eligible organizations interested
in being approved as an authorizer under this paragraph must submit a proposal to the
commissioner that includes the provisions of paragraph (c) and a five-year financial plan.
Such authorizers shall consider and approve applications using the criteria
provided in subdivision 4 and shall not limit the applications it solicits, considers, or
approves to any single curriculum, learning program, or method.
(c) An eligible authorizer under this subdivision must apply to the commissioner for
approval as an authorizer before submitting any affidavit to the commissioner to charter
a school. The application for approval as a charter school authorizer must demonstrate
the applicant's ability to implement the procedures and satisfy the criteria for chartering a
school under this section. The commissioner must approve or disapprove an application
within 45 business days of the application deadline. If the commissioner disapproves
the application, the commissioner must notify the applicant of the specific deficiencies
in writing and the applicant then has 20 business days to address the deficiencies to the
commissioner's satisfaction. After the 20 business days expire, the commissioner has 15
business days to make a final decision to approve or disapprove the application. Failing to
address the deficiencies to the commissioner's satisfaction makes an applicant ineligible to
be an authorizer. The commissioner, in establishing criteria for approval, must consider
(1) capacity and infrastructure;
(2) application criteria and process;
(3) contracting process;
(4) ongoing oversight and evaluation processes; and
(5) renewal criteria and processes.
(d) An applicant must include in its application to the commissioner to be an
approved authorizer at least the following:
(1) how chartering schools is a way for the organization to carry out its mission;
(2) a description of the capacity of the organization to serve as an authorizer,
including the personnel who will perform the authorizing duties, their qualifications, the
amount of time they will be assigned to this responsibility, and the financial resources
allocated by the organization to this responsibility;
(3) a description of the application and review process the authorizer will use to
make decisions regarding the granting of charters;
(4) a description of the type of contract it will arrange with the schools it charters
that meets the provisions of subdivision 6;
(5) the process to be used for providing ongoing oversight of the school consistent
with the contract expectations specified in clause (4) that assures that the schools chartered
are complying with both the provisions of applicable law and rules, and with the contract;
(6) a description of the criteria and process the authorizer will use to grant expanded
applications under subdivision 4, paragraph (j);
(7) the process for making decisions regarding the renewal or termination of
the school's charter based on evidence that demonstrates the academic, organizational,
and financial competency of the school, including its success in increasing student
achievement and meeting the goals of the charter school agreement; and
(8) an assurance specifying that the organization is committed to serving as an
authorizer for the full five-year term.
(e) A disapproved applicant under this section may resubmit an application during a
future application period.
(f) If the governing board of an approved authorizer votes to withdraw as an
approved authorizer for a reason unrelated to any cause under subdivision 23, the
authorizer must notify all its chartered schools and the commissioner in writing by July
15 of its intent to withdraw as an authorizer on June 30 in the next calendar year. The
commissioner may approve the transfer of a charter school to a new authorizer under this
paragraph after the new authorizer submits an affidavit to the commissioner.
(g) The authorizer must participate in department-approved training.
(h) An authorizer that chartered a school before August 1, 2009, must apply by
June 30, 2012, to the commissioner for approval, under paragraph (c), to continue as an
authorizer under this section. For purposes of this paragraph, an authorizer that fails to
submit a timely application is ineligible to charter a school.
(i) The commissioner shall review an authorizer's performance every five years
in a manner and form determined by the commissioner and may review an authorizer's
performance more frequently at the commissioner's own initiative or at the request of a
charter school operator, charter school board member, or other interested party. The
commissioner, after completing the review, shall transmit a report with findings to the
authorizer. If, consistent with this section, the commissioner finds that an authorizer has
not fulfilled the requirements of this section, the commissioner may subject the authorizer
to corrective action, which may include terminating the contract with the charter school
board of directors of a school it chartered. The commissioner must notify the authorizer
in writing of any findings that may subject the authorizer to corrective action and
the authorizer then has 15 business days to request an informal hearing before the
commissioner takes corrective action. If the commissioner terminates a contract between
an authorizer and a charter school under this paragraph, the commissioner may assist the
charter school in acquiring a new authorizer.
(j) The commissioner may at any time take corrective action against an authorizer,
including terminating an authorizer's ability to charter a school for:
(1) failing to demonstrate the criteria under paragraph (c) under which the
commissioner approved the authorizer;
(2) violating a term of the chartering contract between the authorizer and the charter
school board of directors;
(3) unsatisfactory performance as an approved authorizer; or
(4) any good cause shown that provides the commissioner a legally sufficient reason
to take corrective action against an authorizer.
(a) An authorizer, after receiving an application from
a school developer, may charter a licensed teacher under section 122A.18, subdivision
1, or a group of individuals that includes one or more licensed teachers under section
122A.18, subdivision 1, to operate a school subject to the commissioner's approval of the
authorizer's affidavit under paragraph (b). The school must be organized and operated as a
nonprofit corporation under chapter 317A and the provisions under the applicable chapter
shall apply to the school except as provided in this section.
(b) Before the operators may establish and operate a school, the authorizer must file
an affidavit with the commissioner stating its intent to charter a school. An authorizer
must file a separate affidavit for each school it intends to charter. The affidavit must state
the terms and conditions under which the authorizer would charter a school and how the
authorizer intends to oversee the fiscal and student performance of the charter school and to
comply with the terms of the written contract between the authorizer and the charter school
board of directors under subdivision 6. The commissioner must approve or disapprove the
authorizer's affidavit within 60 business days of receipt of the affidavit. If the commissioner
disapproves the affidavit, the commissioner shall notify the authorizer of the deficiencies
in the affidavit and the authorizer then has 20 business days to address the deficiencies.
If the authorizer does not address deficiencies to the commissioner's satisfaction, the
commissioner's disapproval is final. Failure to obtain commissioner approval precludes an
authorizer from chartering the school that is the subject of this affidavit.
(c) The authorizer may prevent an approved charter school from opening for
operation if, among other grounds, the charter school violates this section or does not meet
the ready-to-open standards that are part of the authorizer's oversight and evaluation
process or are stipulated in the charter school contract.
(d) 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 nonprofit corporation under chapter 317A and must establish a board of
directors composed of at least five members who are not related parties until a timely
election for members of the ongoing charter school board of directors is held according to
the school's articles and bylaws under paragraph (f). A charter school board of directors
must be composed of at least five members who are not related parties. Staff members
employed at the school, including teachers providing instruction under a contract with a
cooperative, and all parents or legal guardians of children enrolled in the school are the
voters eligible to elect the members of the school's board of directors. A charter school
must notify eligible voters of the school board election dates at least 30 days before the
election. Board of director meetings must comply with chapter 13D.
(e) A charter school shall publish and maintain on the school's official Web site: (1)
the minutes of meetings of the board of directors, and of members and committees having
any board-delegated authority, for at least one calendar year from the date of publication;
(2) directory information for members of the board of directors and committees having
board-delegated authority; and (3) identifying and contact information for the school's
authorizer. Identifying and contact information for the school's authorizer must be
included in other school materials made available to the public. Upon request of an
individual, the charter school must also make available in a timely fashion financial
statements showing all operations and transactions affecting income, surplus, and deficit
during the school's last annual accounting period; and a balance sheet summarizing assets
and liabilities on the closing date of the accounting period. A charter school also must
post include that same information about its authorizer in other school
on its official Web site information identifying its authorizer and indicate how to contact
that authorizer and
materials that it makes available to the public.
(f) Every charter school board member shall attend ongoing training throughout
the member's term on board governance, including training on the board's role and
responsibilities, employment policies and practices, and financial management. A board
member who does not begin the required initial training within six months after being
seated and complete that training within 12 months of being seated on the board is
ineligible to continue to serve as a board member. The school shall include in its annual
report the training attended by each board member during the previous year.
(g) The ongoing board must be elected before the school completes its third year of
operation. Board elections must be held during the school year but may not be conducted
on days when the school is closed for holidays or vacations. The charter school
board of directors shall be composed of at least five nonrelated members and include: (i)
at least one licensed teacher employed at the school or
a licensed teacher providing instruction under contract between the charter school and a cooperative; (ii) the
parent or legal guardian of a student enrolled in the charter school who is not an employee
of the charter school; and (iii) an interested community member who is not employed by
the charter school and does not have a child enrolled in the school. The board may be
a teacher majority board composed of teachers described in this paragraph. The chief
financial officer and the chief administrator may only serve as ex-officio nonvoting board
and may not serve as a voting member of the board. Charter school employees
shall not serve on the board unless item (i) applies. Contractors providing facilities, goods,
or services to a charter school shall not serve on the board of directors of the charter school.
Board bylaws shall outline the process and procedures for changing the board's governance
model, consistent with chapter 317A. A board may change its governance model only:
(1) by a majority vote of the board of directors and the licensed teachers employed
by the school, including licensed teachers providing instruction under a contract between
the school and a cooperative; and
(2) with the authorizer's approval.
Any change in board governance must conform with the board structure established
under this paragraph.
(h) The granting or renewal of a charter by an authorizer must not be conditioned
upon the bargaining unit status of the employees of the school.
(i) The granting or renewal of a charter school by an authorizer must not be
contingent on the charter school being required to contract, lease, or purchase services
from the authorizer. Any potential contract
, lease, or purchase of service from an
authorizer must be disclosed to the commissioner, accepted through an open bidding
process, and be a separate contract from the charter contract. The school must document
the open bidding process. An authorizer must not enter into a contract to provide
management and financial services for a school that it authorizes, unless the school
documents that it received at least two competitive bids.
(j) An authorizer may permit the board of directors 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 authorizer's original affidavit as approved by
the commissioner only after submitting a supplemental affidavit for approval to the
commissioner in a form and manner prescribed by the commissioner. The supplemental
affidavit must document that:
(1) the proposed expansion plan demonstrates need and projected enrollment;
(2) the expansion is warranted, at a minimum, by longitudinal data demonstrating
students' improved academic performance and growth on statewide assessments under
(3) the charter school is financially sound and the financing it needs to implement
the proposed expansion exists; and
(4) the charter school has the governance structure and management capacity to
carry out its expansion.
(k) The commissioner shall have 30 business days to review and comment on the
supplemental affidavit. The commissioner shall notify the authorizer of any deficiencies in
the supplemental affidavit and the authorizer then has 20 business days to address, to the
commissioner's satisfaction, any deficiencies in the supplemental affidavit. The school
may not expand grades or add sites until the commissioner has approved the supplemental
affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.
(a) An individual is prohibited from serving as a
member of the charter school board of directors if the individual, an immediate family
member, or the individual's partner is an owner, employee or agent of, or a contractor with a
for-profit or nonprofit entity or individual 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 or the charter school board
of directors. A member of a charter school board of directors who violates this prohibition
is individually liable to the charter school for any damage caused by the violation.
(b) No member of the board of directors, employee, officer, or agent of a charter
school shall participate in selecting, awarding, or administering a contract if a conflict
of interest exists. A conflict exists when:
(1) the board member, employee, officer, or agent;
(2) the immediate family of the board member, employee, officer, or agent;
(3) the partner of the board member, employee, officer, or agent; or
(4) an organization that employs, or is about to employ any individual in clauses
(1) to (3),
has a financial or other interest in the entity with which the charter school is contracting.
A violation of this prohibition renders the contract void.
(c) Any employee, agent, or board member of the authorizer who participates
in the initial review, approval, ongoing oversight, evaluation, or the charter renewal or
nonrenewal process or decision is ineligible to serve on the board of directors of a school
chartered by that authorizer.
(d) An individual may serve as a member of the board of directors if no conflict of
interest under paragraph (a) exists.
(e) 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. (f) 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.
A board of an independent or special
school district may convert one or more of its existing schools to charter schools under
this section if 60 percent of the full-time teachers at the school sign a petition seeking
conversion. The conversion must occur at the beginning of an academic year.
The authorization for a charter school must be in the
form of a written contract signed by the authorizer and the board of directors of the charter
school. The contract must be completed within 45 business days of the commissioner's
approval of the authorizer's affidavit. The authorizer shall submit to the commissioner a
copy of the signed charter contract within ten business days of its execution. The contract
for a charter school must be in writing and contain at least the following:
(1) a declaration of the purposes in subdivision 1 that the school
intends to carry out and how the school will report its implementation of those purposes;
(2) a description of the school program and the specific academic and
nonacademic outcomes that pupils must achieve;
(3) a statement of admission policies and procedures; (4) a governance, management, and administration plan for the school; (5) signed agreements from charter school board members to comply with all
federal and state laws governing organizational, programmatic, and financial requirements
applicable to charter schools;
(6) the criteria, processes, and procedures that the authorizer will use for ;
ongoing oversight of operational, financial, and academic performance
(7) the performance evaluation that is a prerequisite for reviewing a charter contract under subdivision 15; (8) types and amounts of insurance liability coverage to be obtained by the
(9) consistent with subdivision 25, paragraph (d), a provision to indemnify and
hold harmless the authorizer and its officers, agents, and employees from any suit, claim,
or liability arising from any operation of the charter school, and the commissioner and
department officers, agents, and employees notwithstanding section 3.736;
(10) the term of the initial contract, which may be up to five years plus an
additional preoperational planning year, and up to five years for a renewed contract or a
contract with a new authorizer after a transfer of authorizers, if warranted by the school's
academic, financial, and operational performance;
(11) how the board of directors or the operators of the charter school will
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;
(12) the process and criteria the authorizer intends to use to monitor and evaluate the
fiscal and student performance of the charter school, consistent with subdivision 15; and
(13) the plan for an orderly closing of the school under chapter 317A, if the closure is a termination for cause, a voluntary termination, or a nonrenewal
of the contract,
and that includes establishing the responsibilities of the school board of
directors and the authorizer and notifying the commissioner, authorizer, school district in
which the charter school is located, and parents of enrolled students about the closure,
the transfer of student records to students' resident districts, and procedures for closing
(a) The charter school must submit an audit report to the
commissioner and its authorizer by December 31 each year.
(b) 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.
(c) If the audit report finds 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. An auditor,
as a condition of providing financial services to a charter school, must agree to make
available information about a charter school's financial audit to the commissioner and
authorizer upon request.
A charter school is
a public school and is part of the state's system of public education. A charter school is
exempt from all statutes and rules applicable to a school, school board, or school district
unless a statute or rule is made specifically applicable to a charter school or is included
in this section.
(a) A charter school shall meet all
federal, state, and local health and safety requirements applicable to school districts.
(b) A school must comply with statewide accountability requirements governing
standards and assessments in chapter 120B.
(c) A school authorized 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.
(d) A charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. An authorizer may not authorize a charter
school or program that is affiliated with a nonpublic sectarian school or a religious
institution. A charter school student must be released for religious instruction, consistent
with section 120A.22, subdivision 12, clause (3).
(e) Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled. This paragraph does not
apply to shared time aid under section 126C.19.
(f) 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.
(g) A charter school may not charge tuition.
(h) A charter school is subject to and must comply with chapter 363A and section
(j) 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; 471.38; 471.391; 471.392; and 471.425. 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 and authorizer. The Department of Education, state auditor, legislative
auditor, or authorizer 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.
(k) A charter school is a district for the purposes of tort liability under chapter 466.
(m) A charter school is subject to the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.
(n) A charter school offering online courses or programs must comply with section
(o) A charter school and charter school board of directors are subject to chapter 181.
(p) A charter school must comply with section 120A.22, subdivision 7, governing
the transfer of students' educational records and sections 138.163 and 138.17 governing
the management of local records.
(r) A charter school that provides school-sponsored youth athletic activities must
comply with section 121A.38.
The commissioner may reduce a charter
school's state aid by an amount not to exceed 60 percent of the charter school's basic
revenue for the period of time that a violation of law occurs.
A charter school may limit admission to:
(1) pupils within an age group or grade level;
(2) pupils who are eligible to participate in the graduation incentives program under
section 124D.68; or
(3) residents of a specific geographic area in which the school is located when the
majority of students served by the school are members of underserved populations.
A charter school shall enroll an eligible pupil who submits a timely application,
unless the number of applications exceeds the capacity of a program, class, grade level, or
building. In this case, pupils must be accepted by lot. The charter school must develop
and publish a lottery policy and process that it must use when
accepting pupils by lot.
A charter school shall give enrollment preference to a sibling of an enrolled pupil
and to a foster child of that pupil's parents and may give preference for enrolling children
of the school's staff before accepting other pupils by lot.
a charter school may not limit admission
to pupils on the basis of intellectual ability, measures of achievement or aptitude, or
athletic ability and may not establish any criteria or requirements for admission that are
inconsistent with this subdivision.
The charter school shall not distribute any services or goods of value to students,
parents, or guardians as an inducement, term, or condition of enrolling a student in a
A charter school must design its programs to at
least meet the outcomes adopted by the commissioner for public school students. In
the absence of the commissioner's requirements, the school must meet the outcomes
contained in the contract with the authorizer. The achievement levels of the outcomes
contained in the contract may exceed the achievement levels of any outcomes adopted by
the commissioner for public school students.
(a) A charter school must
employ or contract with necessary teachers, as defined by section 122A.15, subdivision 1,
who hold valid licenses to perform the particular service for which they are employed in
the school. The charter school's state aid may be reduced under section 127A.43 if the
school employs a teacher who is not appropriately licensed or approved by the board of
teaching. The school may employ necessary employees who are not required to hold
teaching licenses to perform duties other than teaching and may contract for other services.
The school may discharge teachers and nonlicensed employees. The charter school board
is subject to section 181.932. When offering employment to a prospective employee, a
charter school must give that employee a written description of the terms and conditions
of employment and the school's personnel policies.
(b) A person, without holding a valid administrator's license, may perform
administrative, supervisory, or instructional leadership duties. The board of directors shall
establish qualifications for persons that hold administrative, supervisory, or instructional
leadership roles. The qualifications shall include at least the following areas: instruction
and assessment; human resource and personnel management; financial management;
legal and compliance management; effective communication; and board, authorizer, and
community relationships. The board of directors shall use those qualifications as the basis
for job descriptions, hiring, and performance evaluations of those who hold administrative,
supervisory, or instructional leadership roles. The board of directors and an individual
who does not hold a valid administrative license and who serves in an administrative,
supervisory, or instructional leadership position shall develop a professional development
plan. Documentation of the implementation of the professional development plan of these
persons shall be included in the school's annual report.
(c) The board of directors also shall decide matters related to
the operation of the school, including budgeting, curriculum and operating procedures.
A charter school must provide instruction each
year for at least the number of hours required by section 120A.41. It may provide
instruction throughout the year according to sections 124D.12 to 124D.127 or 124D.128.
A charter school must publish an annual report
approved by the board of directors. The annual report must at least include information
on school enrollment, student attrition, governance and management, staffing, finances,
operational performance, innovative practices and implementation,
and future plans. A charter school must distribute the annual report by publication, mail, or
electronic means to
the commissioner, authorizer, school employees, and parents and
legal guardians of students enrolled in the charter school
and must also post the report on . The reports are public data under chapter 13.
the charter school's official Web site
(a) The authorizer shall provide a formal written
evaluation of the school's performance before the authorizer renews the charter contract.
The department must review and comment on the authorizer's evaluation process at the
time the authorizer submits its application for approval and each time the authorizer
undergoes its five-year review under subdivision 3, paragraph (i).
(b) An authorizer shall monitor and evaluate the
fiscal, operational , and student performance of the school, and may for this purpose annually
assess a charter school a fee according to paragraph (c). The agreed-upon fee structure
must be stated in the charter school contract.
(c) The fee that
each charter school pays to an authorizer each year is the greater of:
(1) the basic formula allowance for that year; or
(2) the lesser of:
(i) the maximum fee factor times the basic formula allowance for that year; or
(ii) the fee factor times the basic formula allowance for that year times the charter
marginal cost pupil units for that year. The fee factor equals .005 in fiscal .015
year 2010, .01 in fiscal year 2011, .013 in fiscal year 2012, and
in fiscal years 2013 . The maximum fee factor equals
1.5 in fiscal year 2010, 2.0 in fiscal year 2011, 4.0
3.0 in fiscal year 2012, and
in fiscal years 2013 and later.
(d) An authorizer may not assess a fee for any required services other than as
provided in this subdivision.
(e) For the preoperational planning period, the authorizer
may assess a charter school a fee equal to the basic formula allowance.
(f) By September 30 of each year, an authorizer shall submit to the commissioner a
statement of expenditures related to chartering activities during the previous
school year ending June 30. A copy of the statement shall be given to all schools chartered
by the authorizer.
(a) A charter school after its first fiscal year of operation
by March 1 of each fiscal year and a charter school by July 1 of its first fiscal year of
operation must notify the district in which the school is located and the Department of
Education if it will provide its own transportation or use the transportation services of the
district in which it is located for the fiscal year.
(b) If a charter school elects to provide transportation for pupils, the transportation
must be provided by the charter school within the district in which the charter school is
located. The state must pay transportation aid to the charter school according to section
124D.11, subdivision 2.
For pupils who reside outside the district in which the charter school is located, the
charter school is not required to provide or pay for transportation between the pupil's
residence and the border of the district in which the charter school is located. A parent
may be reimbursed by the charter school for costs of transportation from the pupil's
residence to the border of the district in which the charter school is located if the pupil is
from a family whose income is at or below the poverty level, as determined by the federal
government. The reimbursement may not exceed the pupil's actual cost of transportation
or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for
more than 250 miles per week.
At the time a pupil enrolls in a charter school, the charter school must provide the
parent or guardian with information regarding the transportation.
(c) If a charter school does not elect to provide transportation, transportation for
pupils enrolled at the school must be provided by the district in which the school is
located, according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8, for a
pupil residing in the same district in which the charter school is located. Transportation
may be provided by the district in which the school is located, according to sections
123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil residing in a different
district. If the district provides the transportation, the scheduling of routes, manner and
method of transportation, control and discipline of the pupils, and any other matter relating
to the transportation of pupils under this paragraph shall be within the sole discretion,
control, and management of the district.
A charter school may lease space from an independent
or special school board
eligible to be an authorizer, other public organization, private,
nonprofit nonsectarian organization, private property owner, or a sectarian organization
if the leased space is constructed as a school facility. The department must review and
approve or disapprove leases in a timely manner.
(a) Before a charter school
may organize an affiliated nonprofit building corporation (i) to renovate or purchase an
existing facility to serve as a school or (ii) to construct
a new school facility, an authorizer must submit an affidavit to the commissioner for
approval in the form and manner the commissioner prescribes, and consistent with
paragraphs (b) and (c) or (d).
(b) An affiliated nonprofit building corporation under this subdivision must:
(1) be incorporated under section 317A;
(2) comply with applicable Internal Revenue Service regulations, including
regulations for "supporting organizations" as defined by the Internal Revenue Service;
(3) submit to the commissioner each fiscal year a list of current board members
and a copy of its annual audit; and
(4) comply with government data practices law under chapter 13.
An affiliated nonprofit building corporation must not serve as the leasing agent for
property or facilities it does not own. A charter school that leases a facility from an
affiliated nonprofit building corporation that does not own the leased facility is ineligible
to receive charter school lease aid. The state is immune from liability resulting from a
contract between a charter school and an affiliated nonprofit building corporation.
(c) A charter school may organize an affiliated nonprofit building corporation to
renovate or purchase an existing facility to serve as a school if the charter school:
(1) has been operating for at least five consecutive school years;
(2) has had a net positive unreserved general fund balance as of June 30 in the
preceding five fiscal years;
(3) has a long-range strategic and financial plan;
(4) completes a feasibility study of available buildings;
(5) documents enrollment projections and the need to use an affiliated building
corporation to renovate or purchase an existing facility to serve as a school; and
(6) has a plan for the renovation or purchase, which describes the parameters and
budget for the project.
(d) A charter school may organize an affiliated nonprofit building corporation to
expand an existing school facility or construct a new school facility if the charter school:
(1) demonstrates the lack of facilities available to serve as a school;
(2) has been operating for at least eight consecutive school years;
(3) has had a net positive unreserved general fund balance as of June 30 in the
preceding five fiscal years;
(4) completes a feasibility study of facility options;
(5) has a long-range strategic and financial plan that includes enrollment projections
and demonstrates the need for constructing a new school facility; and
(6) has a plan for the expansion or new school facility, which describes the
parameters and budget for the project.
(e) A charter school or an affiliated
nonprofit building corporation organized by a charter school must not initiate an
installment contract for purchase, or a lease agreement, or solicit bids for new construction,
expansion, or remodeling of an educational facility that requires an expenditure in
excess of $1,400,000, unless it meets the criteria in paragraph (b) and
paragraph (c) or (d), as applicable, and receives a positive review and comment from
the commissioner under section 123B.71.
The authorizer, the operators, and the department must disseminate information to the public on how to form and
operate a charter school. Charter schools must disseminate information about how to
use the offerings of a charter school. Targeted groups include low-income families and
communities, students of color, and students who are at risk of academic failure.
(b) Authorizers, operators, and the department also may disseminate information
about the successful best practices in teaching and learning demonstrated by charter
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 before February 1 in the school year preceding the school year in which the
teacher intends to leave, or February 1 of the calendar year in which the teacher's leave is
scheduled to terminate. 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 under chapters 354 and 354A, consistent with
Employees of the board of directors of a charter
school may, if otherwise eligible, organize under chapter 179A and comply with its
provisions. The board of directors of a charter school is a public employer, for the
purposes of chapter 179A, upon formation of one or more bargaining units at the school.
Bargaining units at the school must be separate from any other units within an authorizing
district, except that bargaining units may remain part of the appropriate unit within an
authorizing district, if the employees of the school, the board of directors of the school,
the exclusive representative of the appropriate unit in the authorizing district, and the
board of the authorizing district agree to include the employees in the appropriate unit of
the authorizing district.
(a) Teachers in a charter
school must be public school teachers for the purposes of chapters 354 and 354A.
(b) Except for teachers under paragraph (a), employees in a charter school must be
public employees for the purposes of chapter 353.
The duration of the contract with an authorizer must be for the term contained in the
contract according to subdivision 6. The authorizer may or may not renew a contract at
the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally
terminate a contract during the term of the contract for any ground listed in paragraph (b).
At least 60 business days before not renewing or terminating a contract, the authorizer
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
authorizer within 15 business days of receiving notice of nonrenewal or termination of
the contract. Failure by the board of directors to make a written request for an informal
hearing within the 15-business-day period shall be treated as acquiescence to the proposed
action. Upon receiving a timely written request for a hearing, the authorizer shall give ten
business days' notice to the charter school's board of directors of the hearing date. The
authorizer shall conduct an informal hearing before taking final action. The authorizer
shall take final action to renew or not renew a contract no later than 20 business days
before the proposed date for terminating the contract or the end date of the contract.
(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 317A.
(c) If the authorizer and the charter school board of directors mutually agree to
terminate or not renew the contract, a change in authorizers is allowed if the commissioner
approves the change to a different eligible authorizer to authorize the charter school.
Both parties must jointly submit their intent in writing to the commissioner to mutually
terminate the contract. The authorizer that is a party to the existing contract must inform
the proposed authorizer about the fiscal and operational status and student performance
of the school. Before the commissioner determines whether to approve a change in
authorizer, the proposed authorizer must identify any outstanding issues in the proposed
charter contract that were unresolved in the previous charter contract and have the charter
school agree to resolve those issues. If no change in authorizer 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 authorizer, and after providing an opportunity for a public
hearing, may terminate the existing contract between the authorizer and the charter school
board if the charter school has a history of:
(1) failure to meet pupil performance requirements consistent with state law;
(2) financial mismanagement or failure to meet generally accepted standards of
fiscal management; or
(3) repeated or major violations of the law.
(a) A charter school is prohibited from
entering a lease of real property with a related party 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) For purposes of this section and section 124D.11:
(1) "related party" means an affiliate or immediate relative of the other party in
question, an affiliate of an immediate relative, or an immediate relative of an affiliate;
(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;
(3) "immediate family" means an individual whose relationship by blood, marriage,
adoption, or partnering is no more remote than first cousin;
(4) "person" means an individual or entity of any kind; and
(5) "control" means the ability to affect the management, operations, or policy
actions or decisions of a person, whether through ownership of voting securities, by
contract, or otherwise.
(c) 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."
(d) 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).
If a contract is not renewed or is terminated according to subdivision 23, a
pupil who attended the school, siblings of the pupil, or another pupil who resides in the
same place as the pupil may enroll in the resident district or may submit an application
to a nonresident district according to section 124D.03 at any time. Applications and
notices required by section 124D.03 must be processed and provided in a prompt manner.
The application and notice deadlines in section 124D.03 do not apply under these
circumstances. The closed charter school must transfer the student's educational records
within ten business days of closure to the student's school district of residence where the
records must be retained or transferred under section 120A.22, subdivision 7.
(a) The board of directors of a charter
school may sue and be sued.
(b) The board may not levy taxes or issue bonds.
(c) The commissioner, an authorizer, members of the board of an authorizer in
their official capacity, and employees of an authorizer are immune from civil or criminal
liability with respect to all activities related to a charter school they approve or authorize.
The board of directors shall obtain at least the amount of and types of insurance up to the
applicable tort liability limits under chapter 466. The charter school board must submit
a copy of the insurance policy to its authorizer
and the commissioner before starting
operations. The charter school board must submit changes in its insurance carrier or policy
to its authorizer
and the commissioner within 20 business days of the change.
(d) Notwithstanding section 3.736, the charter school shall assume full liability for
its activities and indemnify and hold harmless the authorizer and its officers, agents, and
employees from any suit, claim, or liability arising from any operation of the charter school
and the commissioner and department officers, agents, and employees. A charter school
is not required to indemnify or hold harmless a state employee if the state would not be
required to indemnify and hold the employee harmless under section 3.736, subdivision 9.
(a) A charter
school board may voluntarily enter into a two-year, renewable agreement for collaboration
to enhance student achievement with a school district within whose geographic boundary
(b) A school district need not be an approved authorizer to enter into a collaboration
agreement with a charter school. A charter school need not be authorized by the school
district with which it seeks to collaborate.
(c) A charter school authorizer is prohibited from requiring a collaboration agreement
as a condition of entering into or renewing a charter contract as defined in subdivision 6.
(d) Nothing in this subdivision or in the collaboration agreement may impact in any
way the authority or autonomy of the charter school.
(e) Nothing in this subdivision or in the collaboration agreement shall cause the state
to pay twice for the same student, service, or facility or otherwise impact state funding, or
the flow thereof, to the school district or the charter school.
(f) The collaboration agreement may include, but need not be limited to,
collaboration regarding facilities, transportation, training, student achievement,
assessments, mutual performance standards, and other areas of mutual agreement.
(g) The school district may include the academic performance of the students of a
collaborative charter school site operating within the geographic boundaries of the school
district, for purposes of student assessment and reporting to the state.
(h) Districts, authorizers, or charter schools entering into a collaborative agreement
are equally and collectively subject to the same state and federal accountability measures
for student achievement, school performance outcomes, and school improvement
strategies. The collaborative agreement and all accountability measures must be posted
on the district, charter school, and authorizer Web sites.
Minnesota Statutes 2012, section 260A.02, subdivision 3, is amended to read:
"Continuing truant" means a child who is subject to the
compulsory instruction requirements of section 120A.22 and is absent from instruction in a
school, as defined in section 120A.05, without valid excuse within a single school year for:
(1) three days if the child is in elementary school; or
(2) three or more class periods on three days if the child is in middle school, junior
high school, or high school.
Nothing in this section shall prevent a school district from notifying
a truant child's parent or legal guardian of the child's truancy or otherwise addressing a
child's attendance problems prior to the child becoming a continuing truant.
Minnesota Statutes 2012, section 260A.03, is amended to read:
Upon a child's initial classification as a continuing truant, the school attendance
officer or other designated school official shall notify the child's parent or legal guardian,
by first-class mail or other reasonable means, of the following:
(1) that the child is truant;
(2) that the parent or guardian should notify the school if there is a valid excuse
for the child's absences;
(3) that the parent or guardian is obligated to compel the attendance of the child
at school pursuant to section 120A.22 and parents or guardians who fail to meet this
obligation may be subject to prosecution under section 120A.34;
(4) that this notification serves as the notification required by section 120A.34;
(5) that alternative educational programs and services may be available in the district;
(6) that the parent or guardian has the right to meet with appropriate school personnel
to discuss solutions to the child's truancy;
(7) that if the child continues to be truant, the parent and child may be subject to
juvenile court proceedings under chapter 260C;
(8) that if the child is subject to juvenile court proceedings, the child may be subject
to suspension, restriction, or delay of the child's driving privilege pursuant to section
(9) that it is recommended that the parent or guardian accompany the child to school
and attend classes with the child for one day.
Minnesota Statutes 2012, section 260A.05, subdivision 1, is amended to read:
A school district may establish
one or more school attendance review boards to exercise the powers and duties in this
section. The school district board shall appoint the members of the
school attendance review board and designate the schools within the board's jurisdiction.
Members of a school attendance review board may include:
(1) the superintendent of the school district or the superintendent's designee;
(2) a principal and one or more other school officials from within the district;
(3) parent representatives;
(4) representatives from community agencies that provide services for truant
students and their families;
(5) a juvenile probation officer;
(6) school counselors and attendance officers; and
(7) law enforcement officers.
Minnesota Statutes 2012, section 260A.07, subdivision 1, is amended to read:
A county attorney may establish a truancy
mediation program for the purpose of resolving truancy problems without court action. If
a student is in a school district that has established a school attendance
review board, the student may be referred to the county attorney under section 260A.06,
subdivision 3. If the student's school district has not established a board,
the student may be referred to the county attorney by the school district if the student continues to be truant after the parent or guardian has been sent or conveyed
the notice under section 260A.03.
Minnesota Statutes 2012, section 15.059, subdivision 5b, is amended to read:
Notwithstanding this section,
the following councils and committees do not expire unless federal law no longer requires
the existence of the council or committee:
(1) Rehabilitation Council for the Blind, created in section 248.10;
(2) Juvenile Justice Advisory Committee, created in section 299A.72;
(3) Governor's Workforce Development Council, created in section 116L.665;
(4) local workforce councils, created in section 116L.666, subdivision 2;
(5) Rehabilitation Council, created in section 268A.02, subdivision 2;
(6) Statewide Independent Living Council, created in section 268A.02, subdivision
Minnesota Statutes 2012, section 125A.0941, is amended to read:
(a) The following terms have the meanings given them.
(b) "Emergency" means a situation where immediate intervention is needed to
protect a child or other individual from physical injury
or to prevent serious property .
(c) "Physical holding" means physical intervention intended to hold a child immobile
or limit a child's movement, where body contact is the only source of physical restraint,
and where immobilization is used to effectively gain control of a child in order to protect
the child or other person from injury. The term physical holding does
not mean physical contact that:
(1) helps a child respond or complete a task;
(2) assists a child without restricting the child's movement;
(3) is needed to administer an authorized health-related service or procedure; or
(4) is needed to physically escort a child when the child does not resist or the child's
resistance is minimal.
(d) "Positive behavioral interventions and supports" means interventions and
strategies to improve the school environment and teach children the skills to behave
(e) "Prone restraint" means placing a child in a face down position.
(f) "Restrictive procedures" means the use of physical holding or seclusion in an
(g) "Seclusion" means confining a child alone in a room from which egress is barred.
Removing a child from an activity to a location where the
child cannot participate in or observe the activity is not seclusion.
Minnesota Statutes 2012, section 125A.0942, is amended to read:
Schools that intend to use
restrictive procedures shall maintain and make publicly accessible a restrictive procedures
plan for children that
includes at least the following:
list of restrictive procedures the school intends to use;
how the school will monitor and review the use of restrictive
conducting post-use debriefings and
convening an oversight committee; and
(3) a written description and documentation of the training staff
completed under subdivision 5.
(a) Restrictive procedures may be used only by a
licensed special education teacher, school social worker, school psychologist, behavior
analyst certified by the National Behavior Analyst Certification Board, a person with a
master's degree in behavior analysis, other licensed education professional, paraprofessional under section 120B.363, or mental health professional under section
245.4871, subdivision 27, who has completed the training program under subdivision 5.
(b) A school shall make reasonable efforts to notify the parent on the same day a
restrictive procedure is used on the child, or if the school is unable to provide same-day
notice, notice is sent within two days by written or electronic means or as otherwise
indicated by the child's parent under paragraph (d).
When restrictive procedures are used twice in 30 days or when a pattern emerges The district must hold a meeting of the individualized
and restrictive procedures are not included in a child's individualized education program
or behavior intervention plan,
education program team, conduct or review a functional behavioral analysis, review data,
consider developing additional or revised positive behavioral interventions and supports,
consider actions to reduce the use of restrictive procedures, and modify the individualized
education program or behavior intervention plan as appropriate.
At the meeting, the team
must review any known medical or psychological limitations that contraindicate the use of a restrictive
procedure, consider whether to prohibit that restrictive procedure, and document any
prohibition in the individualized education program or behavior intervention plan.
(d) An individualized education program team may plan for using restrictive
procedures and may include these procedures in a child's individualized education
program or behavior intervention plan; however, the restrictive procedures may be used
only in response to behavior that constitutes an emergency, consistent with this section.
The individualized education program or behavior intervention plan shall indicate how the
parent wants to be notified when a restrictive procedure is used.
(a) Physical holding or seclusion may be
used only in an emergency. A school that uses physical holding or seclusion shall meet the
the physical holding or seclusion must be the least intrusive intervention
that effectively responds to the emergency;
physical holding or seclusion
must end when the threat of harm ends and
the staff determines
that the child can safely return to the classroom or activity; (3) staff must directly observe the child while physical holding or
seclusion is being used;
(4) each time physical holding or seclusion is used, the staff person who
implements or oversees the physical holding or seclusion
shall document, as
soon as possible after the incident concludes, the following information:
(i) a description of the incident that led to the physical holding or seclusion;
(ii) why a less restrictive measure failed or was determined by staff to be
inappropriate or impractical;
(iii) the time the physical holding or seclusion began and the time the child was
(iv) a brief record of the child's behavioral and physical status;
(5) the room used for seclusion must:
(i) be at least six feet by five feet;
(ii) be well lit, well ventilated, adequately heated, and clean;
(iii) have a window that allows staff to directly observe a child in seclusion;
(iv) have tamperproof fixtures, electrical switches located immediately outside the
door, and secure ceilings;
(v) have doors that open out and are unlocked, locked with keyless locks that
have immediate release mechanisms, or locked with locks that have immediate release
mechanisms connected with a fire and emergency system; and
(vi) not contain objects that a child may use to injure the child or others;
(6) before using a room for seclusion, a school must:
(i) receive written notice from local authorities that the room and the locking
mechanisms comply with applicable building, fire, and safety codes; and
(ii) register the room with the commissioner, who may view that room; and
(7) until August 1, 2013, a school district may use prone restraints with
children age five or older
under the following conditions:
a district has provided to the department a list of staff who have had specific
training on the use of prone restraints;
a district provides information on the type of training that was provided
and by whom;
prone restraints may only be used by staff who have received specific training
(iv) each incident of the use of prone restraints is reported to the department within
five working days on a form provided by the department; and
a district, prior to using prone restraints, must review any known
medical or psychological limitations that contraindicate the use of prone restraints.
The department will report back to the chairs and ranking minority members of the The
legislative committees with primary jurisdiction over education policy by February
1, 2013, on the use of prone restraints in the schools. Consistent with item (iv),
department must collect data on districts' use of prone restraints and publish the data in a
readily accessible format on the department's Web site on a quarterly basis.
The department must develop a statewide plan by February 1, 2013, to reduce : measurable goals; the
districts' use of restrictive procedures that includes
resources, training, technical assistance, mental health services, and collaborative efforts
needed to significantly reduce districts' use of prone restraints; and recommendations
to clarify and improve the law governing districts' use of restrictive procedures. The
department must convene interested stakeholders to , including representatives of advocacy organizations, special education
develop the statewide plan and identify the need for technical assistance
directors, intermediate school districts, school boards, day treatment providers, state human services department staff, mental health professionals, and
To assist the department and stakeholders under this paragraph, school
districts must report summary data to the department by July 1, 2012, on districts' use of
restrictive procedures during the 2011-2012 school year, including data on the number
of incidents involving restrictive procedures, the total number of students on which
restrictive procedures were used, the number of resulting injuries, relevant demographic
data on the students and school, and other relevant data collected by the district.
The following actions or procedures are prohibited:
(1) engaging in conduct prohibited under section 121A.58;
(2) requiring a child to assume and maintain a specified physical position, activity,
or posture that induces physical pain;
(3) totally or partially restricting a child's senses as punishment;
(4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
substance, or spray as punishment;
(5) denying or restricting a child's access to equipment and devices such as walkers,
wheelchairs, hearing aids, and communication boards that facilitate the child's functioning,
except when temporarily removing the equipment or device is needed to prevent injury
to the child or others or serious damage to the equipment or device, in which case the
equipment or device shall be returned to the child as soon as possible;
(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or
physical abuse under section 626.556;
(7) withholding regularly scheduled meals or water;
(8) denying access to bathroom facilities; and
(9) physical holding that restricts or impairs a child's ability to breathe, restricts or
impairs a child's ability to communicate distress, places pressure or weight on a child's
head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in
straddling a child's torso.
(a) To meet the requirements of subdivision 1,
staff who use restrictive procedures shall complete training in the following skills and
(1) positive behavioral interventions;
(2) communicative intent of behaviors;
(3) relationship building;
(4) alternatives to restrictive procedures, including techniques to identify events and
environmental factors that may escalate behavior;
(5) de-escalation methods;
(6) standards for using restrictive procedures;
(7) obtaining emergency medical assistance;
(8) the physiological and psychological impact of physical holding and seclusion;
(9) monitoring and responding to a child's physical signs of distress when physical
holding is being used;
(10) recognizing the symptoms of and interventions that may cause positional
asphyxia when physical holding is used
(b) The commissioner, after consulting with the commissioner of human services,
must develop and maintain a list of training programs that satisfy the requirements of
paragraph (a). The district shall maintain records of staff who have been trained and the organization
or professional that conducted the training. The district may collaborate with children's
community mental health providers to coordinate trainings.
School districts are encouraged to establish effective
schoolwide systems of positive behavior interventions and supports. Nothing in this
section or section 125A.0941 precludes the use of reasonable force under sections
121A.582; 609.06, subdivision 1; and 609.379.
Minnesota Statutes 2012, section 125A.27, subdivision 8, is amended to read:
"Eligibility for Part C" means eligibility for
early childhood special education under section
125A.02 and Minnesota Rules.
Minnesota Statutes 2012, section 125A.27, subdivision 11, is amended to read:
"Interagency child find systems" means
activities developed on an interagency basis with the involvement of interagency early
intervention committees and other relevant community groups using
rigorous standards to actively seek out, identify, and refer infants and young children,
with, or at risk of, disabilities, and their families,
including a child under the age of
three who: (1) is
involved in a substantiated case of abuse or neglect, or
(2) is identified as affected by illegal substance abuse, or withdrawal symptoms
resulting from prenatal drug exposure, to reduce the need for future services.
Minnesota Statutes 2012, section 125A.27, subdivision 14, is amended to read:
the biological parent with parental rights, .
adoptive parent, legal guardian, or surrogate parent
Minnesota Statutes 2012, section 125A.28, is amended to read:
An Interagency Coordinating Council of at least 17, but not more than 25 members
is established, in compliance with Public Law 108-446, section 641. The members must
be appointed by the governor.
Council members must elect the council chair.
The representative of the commissioner may not serve as the The council must be composed of at least five parents, including persons of color,
of children with disabilities under age 12, including at least three parents of a child
with a disability under age seven, five representatives of public or private providers
of services for children with disabilities under age five, including a special education
director, county social service director, local Head Start director, and a community health
services or public health nursing administrator, one member of the senate, one member of
the house of representatives, one representative of teacher preparation programs in early
childhood-special education or other preparation programs in early childhood intervention,
at least one representative of advocacy organizations for children with disabilities under
age five, one physician who cares for young children with special health care needs, one
representative each from the commissioners of commerce, education, health, human
services, a representative from the state agency responsible for child care, foster care,
mental health, homeless coordinator of education of homeless children and youth, and a
representative from Indian health services or a tribal council. Section 15.059, subdivisions
2 to 5, apply to the council. The council must meet at least quarterly.
The council must address methods of implementing the state policy of developing
and implementing comprehensive, coordinated, multidisciplinary interagency programs of
early intervention services for children with disabilities and their families.
The duties of the council include recommending policies to ensure a comprehensive
and coordinated system of all state and local agency services for children under age five
with disabilities and their families. The policies must address how to incorporate each
agency's services into a unified state and local system of multidisciplinary assessment
practices, individual intervention plans, comprehensive systems to find children in need of
services, methods to improve public awareness, and assistance in determining the role of
interagency early intervention committees.
On the date that Minnesota Part C Annual Performance Report is submitted to the
federal Office of Special Education, the council must recommend to the governor and the
commissioners of education, health, human services, commerce, and employment and
economic development policies for a comprehensive and coordinated system.
Notwithstanding any other law to the contrary, the State Interagency Coordinating
expires on June 30, 2014.
Minnesota Statutes 2012, section 125A.29, is amended to read:
(a) It is the joint responsibility of county boards and school boards to coordinate,
provide, and pay for appropriate services, and to facilitate payment for services from public
and private sources. Appropriate services for children eligible under section 125A.02 must
be determined in consultation with parents, physicians, and other educational, medical,
health, and human services providers. The services provided must be in conformity with:
(1) an IFSP for each eligible infant and toddler from birth through age two and
the infant's or toddler's family including:
(i) American Indian infants and toddlers with disabilities and their families residing
on a reservation geographically located in the state;
(ii) infants and toddlers with disabilities who are homeless children and their
(iii) infants and toddlers with disabilities who are wards of the state; or
(2) an individualized education program (IEP) or individual service plan (ISP) for
each eligible child ages three through four.
(b) Appropriate services include
family education and including service coordination under section 125A.33
counseling, home visits, occupational and physical therapy, speech pathology, audiology,
psychological services, special instruction, nursing, respite, nutrition, assistive technology,
transportation and related costs, social work, vision services, case management
, medical services for diagnostic and .
evaluation purposes, early identification, and screening, assessment, and health services
necessary to enable children with disabilities to benefit from early intervention services
(c) School and county boards shall coordinate early intervention services. In the
absence of agreements established according to section 125A.39, service responsibilities
for children birth through age two are as follows:
(2) county boards must provide, pay for, and facilitate payment for noneducational
services of social work, psychology, transportation and related costs, nursing, respite, and
nutrition services not required under clause (1).
(d) School and county boards may develop an interagency agreement according
to section 125A.39 to establish agency responsibility that assures early intervention
services are coordinated, provided, paid for, and that payment is facilitated from public
and private sources.
(e) County and school boards must jointly determine the primary agency in this
cooperative effort and must notify the commissioner of the state lead agency of their
Minnesota Statutes 2012, section 125A.30, is amended to read:
(a) A school district, group of districts, or special education cooperative, in
cooperation with the health and human service agencies located in the county or counties
in which the district or cooperative is located, must establish an Interagency Early
Intervention Committee for children with disabilities under age five and their families
under this section, and for children with disabilities ages three to 22 consistent with
the requirements under sections 125A.023 and 125A.027. Committees must include
representatives of local health, education, and county human service agencies, county
boards, school boards, early childhood family education programs, Head Start, parents of
young children with disabilities under age 12, child care resource and referral agencies,
school readiness programs, current service providers, and may also include representatives from other private or
public agencies and school nurses. The committee must elect a chair from among its
members and must meet at least quarterly.
(b) The committee must develop and implement interagency policies and procedures
concerning the following ongoing duties:
(1) develop public awareness systems designed to inform potential recipient families,
especially parents with premature infants, or infants with other physical risk factors
associated with learning or development complications, of available programs and services;
(2) to reduce families' need for future services, and especially parents with premature
infants, or infants with other physical risk factors associated with learning or development
complications, implement interagency child find systems designed to actively seek out,
identify, and refer infants and young children with, or at risk of, disabilities, including
a child under the age of three who: (i) is
involved in a substantiated case
of abuse or neglect or (ii) is identified as affected by illegal substance abuse, or
withdrawal symptoms resulting from prenatal drug exposure;
(3) establish and evaluate the identification, referral,
child and family assessment systems, procedural safeguard process,
and community learning systems to recommend, where necessary, alterations and
(4) assure the development of individualized family service plans for all eligible
infants and toddlers with disabilities from birth through age two, and their families,
and individualized education programs and individual service plans when necessary to
appropriately serve children with disabilities, age three and older, and their families and
recommend assignment of financial responsibilities to the appropriate agencies;
(5) implement a process for assuring that services involve cooperating agencies at all
steps leading to individualized programs;
(6) facilitate the development of a
transitional plan if a service provider is ;
not recommended to continue to provide services
(7) identify the current services and funding being provided within the community
for children with disabilities under age five and their families;
(8) develop a plan for the allocation and expenditure of
additional state and federal
early intervention funds under United States Code, title 20, section 1471 et seq. (Part C,
Public Law 108-446) and United States Code, title 20, section 631, et seq. (Chapter I,
Public Law 89-313); and
(9) develop a policy that is consistent with section 13.05, subdivision 9, and federal
law to enable a member of an interagency early intervention committee to allow another
member access to data classified as not public.
(c) The local committee shall also
: (1) participate in needs assessments and program planning activities conducted by
local social service, health and education agencies for young children with disabilities
and their families
; and (2) review and comment on the early intervention section of the total special
education system for the district, the county social service plan, the section or sections of
the community health services plan that address needs of and service activities targeted
to children with special health care needs, the section on children with special needs in
the county child care fund plan, sections in Head Start plans on coordinated planning and
services for children with special needs, any relevant portions of early childhood education
plans, such as early childhood family education or school readiness, or other applicable
coordinated school and community plans for early childhood programs and services, and
the section of the maternal and child health special project grants that address needs of and
service activities targeted to children with chronic illness and disabilities.
Minnesota Statutes 2012, section 125A.32, is amended to read:
(a) A team must participate in IFSP meetings to develop the IFSP. The team shall
(1) a parent or parents of the child;
(2) other family members, as requested by the parent, if feasible to do so;
(3) an advocate or person outside of the family, if the parent requests that the
(4) the service coordinator who has been working with the family since the
initial referral, or who has been designated by the public agency to be responsible for
implementation of the IFSP and coordination with other agencies including transition
(5) a person or persons involved in conducting evaluations and assessments
(b) The IFSP must include:
(1) information about the child's developmental status;
(2) family information, with the consent of the family;
(3) measurable results or major outcomes expected to be achieved by the child with
the family's assistance, that include developmentally appropriate preliteracy and language
skills for the child, and the criteria, procedures, and timelines;
(4) specific early intervention services based on peer-reviewed research, to the
extent practicable, necessary to meet the unique needs of the child and the family to
achieve the outcomes;
(5) payment arrangements, if any;
(6) medical and other services that the child needs, but that are not required under
the Individual with Disabilities Education Act, United States Code, title 20, section 1471
et seq. (Part C, Public Law 108-446) including funding sources to be used in paying for
those services and the steps that will be taken to secure those services through public
or private sources;
(7) dates and duration of early intervention services;
(8) name of the service coordinator;
(9) steps to be taken to support a child's transition from
early intervention services to other appropriate services, including convening a transition
conference at least 90 days or, at the discretion of all parties, not more than nine months
before the child is eligible for preschool services; and
signature of the parent and authorized signatures of the agencies responsible
for providing, paying for, or facilitating payment, or any combination of these, for
early intervention services.
Minnesota Statutes 2012, section 125A.33, is amended to read:
(a) The team developing the IFSP under section 125A.32 must
select a service coordinator to carry out service coordination activities on an interagency
basis. Service coordination must actively promote a family's capacity and competency
to identify, obtain, coordinate, monitor, and evaluate resources and services to meet the
family's needs. Service coordination activities include:
(1) coordinating the performance of evaluations and assessments;
(2) facilitating and participating in the development, review, and evaluation of
individualized family service plans;
(3) assisting families in identifying available service providers;
(4) coordinating and monitoring the delivery of available services;
(5) informing families of the availability of advocacy services;
(6) coordinating with medical, health, and other service providers;
(7) facilitating the development of a transition plan at least 90 days before the time the child is no longer
early intervention services or, at the discretion of all parties,
not more than nine months prior to the child's
eligibility for preschool services, if appropriate;
(8) managing the early intervention record and submitting additional information to
the local primary agency at the time of periodic review and annual evaluations; and
(9) notifying a local primary agency when disputes between agencies impact service
delivery required by an IFSP.
(b) A service coordinator must be knowledgeable about children and families
receiving services under this section, requirements of state and federal law, and services
available in the interagency early childhood intervention system.
Minnesota Statutes 2012, section 125A.35, subdivision 1, is amended to read:
The state lead agency must
administer the early intervention account that consists of federal allocations. The Part C
state plan must state the amount of federal resources in the early intervention account
available for use by local agencies. The state lead agency must distribute the funds to the
local primary agency based
on a December 1 count of the prior year of Part C eligible children
for the following purposes:
(1) as provided in Code of Federal Regulations, title 34, part
arrange for payment for early intervention services not elsewhere available, or to pay for
services during the pendency of a conflict procedure, including mediation, complaints, due
process hearings, and interagency disputes; and
(2) to support interagency child find system activities.
Minnesota Statutes 2012, section 125A.36, is amended to read:
Core early intervention services must be provided at public expense with no cost to
parents. Parents must be requested to assist in the cost of additional early intervention
services by using third-party payment sources
and applying for available resources.
Payment structures permitted under state law must be used to pay for additional early
intervention services. Parental financial responsibility must be clearly defined in the
IFSP. A parent's inability to pay must not prohibit a child from receiving needed early
Minnesota Statutes 2012, section 125A.43, is amended to read:
(a) The commissioner, or the commissioner's designee, of the state lead agency must
use federal funds to provide mediation for the activities in paragraphs (b) and (c).
(b) A parent may resolve a dispute regarding issues in section 125A.42, paragraph
(b), clause (5), through mediation. If the parent chooses mediation, mediation must be
voluntary on the part of the parties. The parent and the public agencies must complete the
mediation process within 30 calendar days of the date the
Office of Dispute Resolution receives a parent's written request for mediation. The mediation process may not be used to delay a parent's right
to a due process hearing. The
resolution of the mediation is
not binding on any party.
(c) Resolution of a dispute through mediation, or other form of alternative dispute
resolution, is not limited to formal disputes arising from the objection of a parent or
guardian and is not limited to the period following a request for a due process hearing.
(d) The commissioner shall provide training and resources to school districts to
facilitate early identification of disputes and access to mediation.
(e) The local primary agency may request mediation on behalf of involved agencies
when there are disputes between agencies regarding responsibilities to coordinate, provide,
pay for, or facilitate payment for early intervention services.
Minnesota Statutes 2012, section 124D.095, subdivision 10, is amended to
(a) An Online Learning Advisory Council is established. 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;
(6) program design and requirements; and
(7) fair and equal access to programs.
(b) By June 30, 2013, The Online Learning advisory council with the support of
the Minnesota Department of Education and the Minnesota Learning Commons shall:
(1) oversee the development and maintenance of a catalog of publicly available
digital learning content currently aligned to Minnesota academic standards to include:
(i) indexing of Minnesota academic standards with which curriculum is aligned;
(ii) a method for student and teacher users to provide evaluative feedback; and
(iii) a plan for ongoing maintenance; and
(2) recommend methods for including student performance data on the digital
learning content within the catalog.
(c) The Online Learning Advisory Council under this subdivision
expires June 30,
Minnesota Statutes 2012, section 134.32, is amended to read:
The department shall provide the grants specified in this section from any available state, federal, or other funds.
It shall provide
regional library basic system support
grants to regional public library systems which
meet the requirements of section 134.34, to assist those systems in providing basic system
It may provide special project grants to assist
innovative and experimental library programs including, but not limited to, special
services for American Indians and the Spanish-speaking, delivery of library materials to
homebound persons, other extensions of library services to persons without access to
libraries and projects to strengthen and improve library services.
It may provide grants for interlibrary
exchange of books, periodicals, resource material, reference information and the expenses
incident to the sharing of library resources and materials, including planning, development
and operating grants to multicounty, multitype library systems.
It may provide grants for the improvement of
library services at welfare and corrections institutions and for library service for the blind
and physically disabled.
It may provide grants for
construction or remodeling of library facilities from any state and federal funds specifically
appropriated for this purpose.
(1) applications for these grants;
(2) computation formulas for determining the amounts of establishment grants and
regional library basic system support
(3) eligibility criteria for grants.
(b) To the extent allowed under federal law, a construction grant applicant, in
addition to the points received under Minnesota Rules, part 3530.2632, shall receive an
additional five points if the construction grant is for a project combining public library
services and school district library services at a single location.
Minnesota Statutes 2012, section 134.34, is amended to read:
A Regional library basic system support
grant shall be made to any regional public library system where there are at
least three participating counties and where each participating city and county is providing
for public library service support the lesser of (a) an amount equivalent to .82 percent of
the average of the adjusted net tax capacity of the taxable property of that city or county,
as determined by the commissioner of revenue for the second, third, and fourth year
preceding that calendar year or (b) a per capita amount calculated under the provisions of
this subdivision. The per capita amount is established for calendar year 1993 as $7.62.
In succeeding calendar years, the per capita amount shall be increased by a percentage
equal to one-half of the percentage by which the total state adjusted net tax capacity of
property as determined by the commissioner of revenue for the second year preceding
that calendar year increases over that total adjusted net tax capacity for the third year
preceding that calendar year.
(b) The minimum level of support specified under this subdivision or subdivision 4
shall be certified annually to the participating cities and counties by the Department of
Education. If a city or county chooses to reduce its local support in accordance with
subdivision 4, paragraph (b) or (c), it shall notify its regional public library system. The
regional public library system shall notify the Department of Education that a revised
certification is required. The revised minimum level of support shall be certified to the
city or county by the Department of Education.
(c) A city which is a part of a regional public library system shall not be required to
provide this level of support if the property of that city is already taxable by the county for
the support of that regional public library system. In no event shall the Department of
Education require any city or county to provide a higher level of support than the level
of support specified in this section in order for a system to qualify for
a regional library
basic system support
grant. This section shall not be construed to prohibit a city or
county from providing a higher level of support for public libraries than the level of
support specified in this section.
Regional library basic system support
grants shall be made only to those regional public library systems officially designated
by the commissioner of education as the appropriate agency to strengthen, improve and
promote public library services in the participating areas. The commissioner of education
shall designate no more than one such regional public library system located entirely within
any single development region existing under sections 462.381 to 462.398 or chapter 473.
(a) For calendar year 2010 and later,
a regional library basic
grant shall not be made to a regional public library system
for a participating city or county which decreases the dollar amount provided for support
for operating purposes of public library service below the amount provided by it for the
second, or third preceding year, whichever is less. For purposes of this subdivision and
subdivision 1, any funds provided under section 473.757, subdivision 2, for extending
library hours of operation shall not be considered amounts provided by a city or county for
support for operating purposes of public library service. This subdivision shall not apply
to participating cities or counties where the adjusted net tax capacity of that city or county
has decreased, if the dollar amount of the reduction in support is not greater than the dollar
amount by which support would be decreased if the reduction in support were made in
direct proportion to the decrease in adjusted net tax capacity.
(b) For calendar year 2009 and later, in any calendar year in which a city's or
county's aid under sections 477A.011 to 477A.014 or credit reimbursement under section
273.1384 is reduced after the city or county has certified its levy payable in that year, it
may reduce its local support by the lesser of:
(1) ten percent; or
(2) a percent equal to the ratio of the aid and credit reimbursement reductions to the
city's or county's revenue base, based on aids certified for the current calendar year. For
calendar year 2009 only, the reduction under this paragraph shall be based on 2008 aid and
credit reimbursement reductions under the December 2008 unallotment, as well as any
aid and credit reimbursement reductions in calendar year 2009. For pay 2009 only, the
commissioner of revenue will calculate the reductions under this paragraph and certify
them to the commissioner of education within 15 days of May 17, 2009.
(c) For taxes payable in 2010 and later, in any payable year in which the total
amounts certified for city or county aids under sections 477A.011 to 477A.014 are less
than the total amounts paid under those sections in the previous calendar year, a city or
county may reduce its local support by the lesser of:
(1) ten percent; or
(2) a percent equal to the ratio of:
(i) the difference between (A) the sum of the aid it was paid under sections
477A.011 to 477A.014 and the credit reimbursement it received under section 273.1384
in the previous calendar year and (B) the sum of the aid it is certified to be paid in the
current calendar year under sections 477A.011 to 477A.014 and the credit reimbursement
estimated to be paid under section 273.1384; to
(ii) its revenue base for the previous year, based on aids actually paid in the previous
calendar year. The commissioner of revenue shall calculate the percent aid cut for each
county and city under this paragraph and certify the percentage cuts to the commissioner
of education by August 1 of the year prior to the year in which the reduced aids and
credit reimbursements are to be paid. The percentage of reduction related to reductions
to credit reimbursements under section 273.1384 shall be based on the best estimation
available as of July 30.
(d) Notwithstanding paragraph (a), (b), or (c), no city or county shall reduce its
support for public libraries below the minimum level specified in subdivision 1.
(e) For purposes of this subdivision, "revenue base" means the sum of:
(1) its levy for taxes payable in the current calendar year, including the levy on
the fiscal disparities distribution under section 276A.06, subdivision 3, paragraph (a),
or 473F.08, subdivision 3, paragraph (a);
In addition to the annual report required in section
134.13, a regional public system that receives
a basic system support grant under this
section must provide each participating county and city with its proposed budget for
the next year.
Minnesota Statutes 2012, section 134.351, subdivision 3, is amended to read:
In order for a multicounty, multitype library system to qualify
a planning, development or operating grant pursuant to sections 134.353 and
134.354, each participating library in the system shall adopt an organizational agreement
providing for the following:
(a) Sharing of resources among all participating libraries;
(b) Long-range planning for cooperative programs;
(c) The development of a delivery system for services and programs;
(d) The development of a bibliographic database; and
(e) A communications system among all cooperating libraries.
Minnesota Statutes 2012, section 134.351, subdivision 7, is amended to read:
Minnesota Statutes 2012, section 134.353, is amended to read:
The commissioner of education may provide development
grants to multicounty,
multitype library systems. In awarding
a development grant, the commissioner shall
consider the extra costs incurred in systems located in sparsely populated and large
Minnesota Statutes 2012, section 134.354, is amended to read:
The commissioner of education may provide operating
grants to multicounty,
multitype library systems. In awarding
an operating grant, the commissioner shall
consider the extra costs incurred in systems located in sparsely populated and large
Minnesota Statutes 2012, section 134.355, subdivision 1, is amended to read:
Basic system support
grants and regional library
telecommunications aid provide the appropriations for the basic regional library system.
Minnesota Statutes 2012, section 134.355, subdivision 2, is amended to read:
Any regional public library system which qualifies
according to the provisions of section 134.34 may apply for
an annual grant for
regional library basic system support. Regional public library districts under section
134.201 may not compensate board members using
grant funds. The amount of each for each fiscal year shall be calculated as provided in this section.
Minnesota Statutes 2012, section 134.355, subdivision 3, is amended to read:
Fifty-seven and one-half percent of the available
grant funds shall be distributed to provide all qualifying systems an equal amount
per capita. Each system's allocation pursuant to this subdivision shall be based on the
population it serves.
Minnesota Statutes 2012, section 134.355, subdivision 4, is amended to read:
Twelve and one-half percent of the
grant funds shall be distributed to provide all qualifying systems an equal
amount per square mile. Each system's allocation pursuant to this subdivision shall be
based on the area it serves.
Minnesota Statutes 2012, section 134.355, subdivision 5, is amended to read:
Five percent of the available
shall be paid to each system as
a base grant for basic system services.
Minnesota Statutes 2012, section 134.355, subdivision 6, is amended to read:
of the available
grant funds shall be distributed to regional public library systems based
upon the adjusted net tax capacity per capita for each member county or participating
portion of a county as calculated for the second year preceding the fiscal year for which
the grant is made. Each system's entitlement shall be calculated as follows:
(a) Multiply the adjusted net tax capacity per capita for each county or participating
portion of a county by .0082.
(b) Add sufficient
grant funds that are available under this subdivision to raise
the amount of the county or participating portion of a county with the lowest value
calculated according to paragraph (a) to the amount of the county or participating portion
of a county with the next highest value calculated according to paragraph (a). Multiply the
amount of the additional
grant funds by the population of the county or participating
portion of a county.
(c) Continue the process described in paragraph (b) by adding sufficient
grant funds that are available under this subdivision to the amount of a county or participating
portion of a county with the next highest value calculated in paragraph (a) to raise it and
the amount of counties and participating portions of counties with lower values calculated
in paragraph (a) up to the amount of the county or participating portion of a county
with the next highest value, until reaching an amount where funds available under this
subdivision are no longer sufficient to raise the amount of a county or participating portion
of a county and the amount of counties and participating portions of counties with lower
values up to the amount of the next highest county or participating portion of a county.
(d) If the point is reached using the process in paragraphs (b) and (c) at which the
grant funds under this subdivision are not adequate for raising the amount of
a county or participating portion of a county and all counties and participating portions of
counties with amounts of lower value to the amount of the county or participating portion
of a county with the next highest value, those funds are to be divided on a per capita basis
for all counties or participating portions of counties that received
grant funds under
the calculation in paragraphs (b) and (c).
Minnesota Statutes 2012, section 134.36, is amended to read:
The commissioner of education shall promulgate rules as necessary for
implementation of library grant programs.
Minnesota Statutes 2012, section 124D.52, is amended by adding a
subdivision to read:
Laws 2011, First Special Session chapter 11, article 7, section 2, subdivision 8,
as amended by Laws 2012, chapter 239, article 3, section 4, is amended to read:
For grants to early childhood
education scholarships for public or private early childhood preschool programs for
children ages 3 to 5:
(a) All children whose parents or legal guardians meet the eligibility requirements
of paragraph (b) established by the commissioner are eligible to receive early childhood
education scholarships under this section.
(b) A parent or legal guardian is eligible for an early childhood education scholarship
if the parent or legal guardian:
(1) has a child three or four years of age on September 1, beginning in calendar
year 2012; and
(2)(i) has income equal to or less than 47 percent of the state median income in the
current calendar year; or
(ii) can document their child's identification through another public funding
eligibility process, including the Free and Reduced Price Lunch Program, National School
Lunch Act, United States Code, title 42, section 1751, part 210; Head Start under federal
Improving Head Start for School Readiness Act of 2007; Minnesota family investment
program under chapter 256J; and child care assistance programs under chapter 119B.
Each year, if this appropriation is insufficient to provide early childhood education
scholarships to all eligible children, the Department of Education shall make scholarships
available on a first-come, first-served basis.
The commissioner of education shall submit a written report to the education
committees of the legislature by January 15, 2012, describing its plan for implementation
of scholarships under this subdivision for the 2012-2013 school year.
Any balance in the first year does not cancel but is available in the second year.
The base for this program is $3,000,000 each year.