1.2relating to early childhood through grade 12 education; providing for general
1.3education; education excellence; teachers; special education; facilities and
1.4technology; nutrition; libraries; early childhood and family support; community
1.5education and prevention; self-sufficiency and lifelong learning; state agencies
1.6and forecast adjustments; requiring rulemaking; appropriating money;amending
1.7Minnesota Statutes 2016, sections 120A.41; 120B.021, subdivisions 1, 3; 120B.022,
1.8subdivision 1b; 120B.12; 120B.125; 120B.132; 120B.30, subdivisions 1, 1a;
1.9120B.31, subdivision 4, by adding a subdivision; 120B.35, subdivision 3; 120B.363,
1.10subdivision 1; 121A.22, subdivision 2; 121A.221; 122A.06, subdivisions 2, 3;
1.11122A.07; 122A.08; 122A.09, subdivisions 1, 2, 3, 4, 4a, 6, 7, 9, 10, by adding a
1.12subdivision; 122A.17; 122A.18, subdivisions 1, 2, 2b, 3, 3a, 7a, 7c, 8; 122A.19;
1.13122A.20, subdivisions 1, 2; 122A.21, subdivision 2; 122A.22; 122A.23, subdivision
1.143; 122A.26, subdivision 2; 122A.28; 122A.29; 122A.30; 122A.414, subdivision
1.152; 122A.415, subdivision 4; 122A.70, subdivision 1; 123A.73, subdivision 2;
1.16123B.41, subdivisions 2, 5a; 123B.52, subdivision 1, by adding a subdivision;
1.17123B.71, subdivisions 11, 12; 123B.92, subdivision 1; 124D.09, subdivisions 3,
1.185, 10, 13, by adding a subdivision; 124D.13, subdivision 11; 124D.151, subdivision
1.192; 124D.165, subdivisions 1, 2, 3; 124D.19, by adding a subdivision; 124D.20,
1.20subdivision 8; 124D.454, subdivision 12; 124D.52, subdivision 7; 124D.549;
1.21124D.55; 124D.68, subdivision 2; 124D.695; 124D.75, subdivisions 1, 6; 124D.98,
1.22subdivision 1; 124E.03, subdivision 2; 124E.05, subdivisions 4, 7, by adding a
1.23subdivision; 124E.06, subdivision 7; 124E.07, subdivisions 3, 4, 7; 124E.10, by
1.24adding a subdivision; 124E.11; 124E.17, subdivision 1; 124E.22; 125A.0941;
1.25125A.11, subdivision 1; 125A.21, subdivision 2; 125A.515; 125A.56, subdivision
1.261; 125A.67, subdivision 2; 125A.74, subdivision 1; 125A.76, subdivision 2c;
1.27126C.05, subdivision 8; 126C.10, subdivisions 2, 3; 126C.17, subdivision 9;
1.28126C.55, subdivision 1; 127A.05, subdivision 6; 127A.45, subdivision 10; 134.31,
1.29subdivision 2; 136A.1791, subdivision 1; 214.04, subdivision 1; 214.045;
1.30256B.0625, subdivision 26; 256J.08, subdivisions 38, 39; 475.58, subdivision 4;
1.31Laws 2015, First Special Session chapter 3, article 1, section 27, subdivisions 2,
1.32as amended, 3, 4, as amended, 6, as amended, 7, as amended, 9, as amended; article
1.332, section 70, subdivisions 2, as amended, 3, as amended, 4, as amended, 5, as
1.34amended, 7, as amended, 11, as amended; article 4, section 9, subdivision 2, as
1.35amended; article 5, section 30, subdivisions 2, as amended, 3, as amended, 5, as
1.36amended, 6; article 6, section 13, subdivisions 2, as amended, 3, as amended;
1.37article 7, section 7, subdivisions 2, as amended, 3, as amended, 4, as amended;
1.38article 9, section 8, subdivisions 5, as amended, 6, as amended; article 10, section
1.393, subdivision 2, as amended; article 11, section 3, subdivision 2, as amended;
2.1Laws 2016, chapter 189, article 25, section 62, subdivisions 7, 17; article 30,
2.2section 25, subdivision 5; proposing coding for new law in Minnesota Statutes,
2.3chapters 120A; 120B; 122A; 123B; 124D; repealing Minnesota Statutes 2016,
2.4sections 122A.162; 122A.163; 122A.18, subdivisions 4, 4a, 7; 122A.23,
2.5subdivisions 1, 2; 122A.245; 122A.25; 123A.73, subdivision 3; 124D.73,
2.6subdivision 2; 124E.10, subdivision 5; 125A.75, subdivision 7; 125A.76,
2.7subdivision 2b; 129C.10, subdivision 5a; 129C.30; Minnesota Rules, part
2.83500.3100, subpart 4.
2.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.12 Section 1. Minnesota Statutes 2016, section 120A.41, is amended to read:
2.13120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.
2.14(a) A school board's annual school calendar must include at least 425 hours of instruction
2.15for a kindergarten student without a disability, 935 hours of instruction for a student
in
2.16grades 1 through 6, and 1,020 hours of instruction for a student in grades 7 through
12, not
2.17including summer school. The school calendar for all-day kindergarten must include
at least
2.18850 hours of instruction for the school year. The school calendar for a prekindergarten
2.19student under section
124D.151, if offered by the district, must include at least 350 hours
2.20of instruction for the school year. A school board's annual calendar must include
at least
2.21165 days of instruction for a student in grades 1 through 11 unless a four-day week
schedule
2.22has been approved by the commissioner under section
124D.126.
2.23(b) A school board's annual school calendar may include plans for up to five days
of
2.24instruction provided through online instruction due to inclement weather. The inclement
2.25weather plans must be developed according to section 120A.414.
2.26 Sec. 2.
[120A.414] E-LEARNING DAYS.
2.27 Subdivision 1. Days. "E-learning day" means a school day where a school offers full
2.28access to online instruction provided by students' individual teachers due to inclement
2.29weather. A school district or charter school that chooses to have e-learning days
may have
2.30up to five e-learning days in one school year. An e-learning day is counted as a day
of
2.31instruction and included in the hours of instruction under section 120A.41. A school
district
2.32with an e-learning day plan may choose not to have an e-learning day if the district
has not
2.33reached the number of snow days that would bring the district below the number of
2.34instructional hours required under section 120A.41.
3.1 Subd. 2. Plan. The school board must consult the exclusive representative of the teachers
3.2for that school regarding the district's e-learning day plan. A charter school may
adopt an
3.3e-learning day plan after consulting with its teachers and when appropriate, must
negotiate
3.4with the exclusive representative of the teachers. The plan must include accommodations
3.5for students without Internet access at home and for digital device access for families
without
3.6the technology or an insufficient amount of technology for the number of children
in the
3.7household. A school's e-learning day plan must provide accessible options for students
with
3.8disabilities, according to chapter 125A. The district or charter school must take
into
3.9consideration the needs of students eligible for free or reduced-price lunch in developing
3.10the plan.
3.11 Subd. 3. Annual notice. A school district or charter school must notify parents and
3.12students of the e-learning day plan at the beginning of the school year.
3.13 Subd. 4. Daily notice. On an e-learning day declared by the school, a school district or
3.14charter school must notify parents and students at least two hours prior to the normal
school
3.15start time that students need to follow the e-learning day plan for that day.
3.16 Subd. 5. Teacher access. Each student's teacher must be accessible both online and by
3.17school voice mail during normal school hours on an e-learning day to assist students
and
3.18parents.
3.19EFFECTIVE DATE.This section is effective for the 2017-2018 school year and later.
3.20 Sec. 3. Minnesota Statutes 2016, section 121A.22, subdivision 2, is amended to read:
3.21 Subd. 2.
Exclusions. In addition, this section does not apply to drugs or medicine that
3.22are:
3.23(1) purchased without a prescription;
3.24(2) used by a pupil who is 18 years old or older;
3.25(3) used in connection with services for which a minor may give effective consent,
3.26including section
144.343, subdivision 1, and any other law;
3.27(4) used in situations in which, in the judgment of the school personnel who are present
3.28or available, the risk to the pupil's life or health is of such a nature that drugs
or medicine
3.29should be given without delay;
3.30(5) used off the school grounds;
3.31(6) used in connection with athletics or extra curricular activities;
4.1(7) used in connection with activities that occur before or after the regular school
day;
4.2(8) provided or administered by a public health agency to prevent or control an illness
4.3or a disease outbreak as provided for in sections
144.05 and
144.12;
4.4(9) prescription asthma or reactive airway disease medications self-administered by
a
4.5pupil with an asthma inhaler
, consistent with section 121A.221, if the district has received
4.6a written authorization from the pupil's parent permitting the pupil to self-administer
the
4.7medication, the inhaler is properly labeled for that student, and the parent has not
requested
4.8school personnel to administer the medication to the pupil. The parent must submit
written
4.9authorization for the pupil to self-administer the medication each school year; or
4.10(10) epinephrine auto-injectors, consistent with section
121A.2205, if the parent and
4.11prescribing medical professional annually inform the pupil's school in writing that
(i) the
4.12pupil may possess the epinephrine or (ii) the pupil is unable to possess the epinephrine
and
4.13requires immediate access to epinephrine auto-injectors that the parent provides properly
4.14labeled to the school for the pupil as needed.
4.15 Sec. 4. Minnesota Statutes 2016, section 121A.221, is amended to read:
4.16121A.221 POSSESSION AND USE OF ASTHMA INHALERS BY ASTHMATIC
4.17STUDENTS.
4.18(a)
Consistent with section 121A.22, subdivision 2, clause (9), in a school district that
4.19employs a school nurse or provides school nursing services under another arrangement,
the
4.20school nurse or other appropriate party must assess the student's knowledge and skills
to
4.21safely possess and use an asthma inhaler in a school setting and enter into the student's
4.22school health record a plan to implement safe possession and use of asthma inhalers.
4.23(b)
Consistent with section 121A.22, subdivision 2, clause (9), in a school that does not
4.24have a school nurse or school nursing services, the student's parent or guardian must
submit
4.25written verification from the prescribing professional that documents an assessment
of the
4.26student's knowledge and skills to safely possess and use an asthma inhaler in a school
setting
4.27has been completed.
4.28 Sec. 5. Minnesota Statutes 2016, section 123B.41, subdivision 2, is amended to read:
4.29 Subd. 2.
Textbook. (a) "Textbook" means any book or book substitute, including
4.30electronic books as well as other printed materials delivered electronically, which
a pupil
4.31uses as a text or text substitute in a particular class or program in the school regularly
5.1attended and a copy of which is expected to be available for the individual use of
each pupil
5.2in this class or program.
Textbook includes an online book with an annual subscription cost.
5.3(b) For purposes of calculating the annual nonpublic pupil aid entitlement for textbooks,
5.4the term shall be limited to books, workbooks, or manuals, whether bound or in loose-leaf
5.5form, as well as electronic books and other printed materials delivered electronically,
5.6intended for use as a principal source of study material for a given class or a group
of
5.7students.
5.8(c) For purposes of sections
123B.40 to
123B.48, the terms "textbook" and "software
5.9or other educational technology" include only such secular, neutral, and nonideological
5.10materials as are available, used by, or of benefit to Minnesota public school pupils.
5.11EFFECTIVE DATE.This section is effective for revenue in fiscal year 2018 and later.
5.12 Sec. 6. Minnesota Statutes 2016, section 123B.41, subdivision 5a, is amended to read:
5.13 Subd. 5a.
Software or other educational technology. For purposes of sections
123B.42
5.14and
123B.43, "software or other educational technology" includes software, programs,
5.15applications, hardware, and any other electronic educational technology.
Software or other
5.16educational technology includes course registration fees for advanced placement courses
5.17delivered online.
5.18EFFECTIVE DATE.This section is effective for revenue in fiscal year 2018 and later.
5.19 Sec. 7. Minnesota Statutes 2016, section 123B.52, subdivision 1, is amended to read:
5.20 Subdivision 1.
Contracts. A contract for work or labor, or for the purchase of furniture,
5.21fixtures, or other property, except books registered under the copyright laws and
information
5.22systems software, or for the construction or repair of school houses, the estimated
cost or
5.23value of which shall exceed that specified in section
471.345, subdivision 3, must not be
5.24made by the school board without first advertising for bids or proposals by two weeks'
5.25published notice in the official newspaper. This notice must state the time and place
of
5.26receiving bids and contain a brief description of the subject matter.
5.27 Additional publication in the official newspaper or elsewhere may be made as the board
5.28shall deem necessary.
5.29 After taking into consideration conformity with the specifications, terms of delivery,
5.30and other conditions imposed in the call for bids, every such contract for which a
call for
5.31bids has been issued must be awarded to the lowest responsible bidder, be duly executed
5.32in writing, and be otherwise conditioned as required by law. The person to whom the
contract
6.1is awarded shall give a sufficient bond to the board for its faithful performance.
6.2Notwithstanding section
574.26 or any other law to the contrary, on a contract limited to
6.3the purchase of a finished tangible product, a board may require, at its discretion,
a
6.4performance bond of a contractor in the amount the board considers necessary. A record
6.5must be kept of all bids, with names of bidders and amount of bids, and with the successful
6.6bid indicated thereon. A bid containing an alteration or erasure of any price contained
in
6.7the bid which is used in determining the lowest responsible bid must be rejected unless
the
6.8alteration or erasure is corrected as provided in this section. An alteration or erasure
may
6.9be crossed out and the correction thereof printed in ink or typewritten adjacent thereto
and
6.10initialed in ink by the person signing the bid. In the case of identical low bids
from two or
6.11more bidders, the board may, at its discretion, utilize negotiated procurement methods
with
6.12the tied low bidders for that particular transaction, so long as the price paid does
not exceed
6.13the low tied bid price. In the case where only a single bid is received, the board
may, at its
6.14discretion, negotiate a mutually agreeable contract with the bidder so long as the
price paid
6.15does not exceed the original bid. If no satisfactory bid is received, the board may
readvertise.
6.16Standard requirement price contracts established for supplies or services to be purchased
6.17by the district must be established by competitive bids. Such standard requirement
price
6.18contracts may contain escalation clauses and may provide for a negotiated price increase
6.19or decrease based upon a demonstrable industrywide or regional increase or decrease
in the
6.20vendor's costs. Either party to the contract may request that the other party demonstrate
6.21such increase or decrease. The term of such contracts must not exceed two years with
an
6.22option on the part of the district to renew for an additional two years
, except as provided in
6.23subdivision 7. Contracts for the purchase of perishable food items, except milk for school
6.24lunches and vocational training programs, in any amount may be made by direct negotiation
6.25by obtaining two or more written quotations for the purchase or sale, when possible,
without
6.26advertising for bids or otherwise complying with the requirements of this section
or section
6.27471.345, subdivision 3
. All quotations obtained shall be kept on file for a period of at least
6.28one year after receipt.
6.29 Every contract made without compliance with the provisions of this section shall be
6.30void. Except in the case of the destruction of buildings or injury thereto, where
the public
6.31interest would suffer by delay, contracts for repairs may be made without advertising
for
6.32bids.
6.33EFFECTIVE DATE.This section is effective for contracts entered into on or after July
6.341, 2017.
7.1 Sec. 8. Minnesota Statutes 2016, section 123B.52, is amended by adding a subdivision to
7.2read:
7.3 Subd. 7. Food service contracts. A contract between a school board and a food service
7.4management company that complies with Code of Federal Regulations, title 7, section
7.5210.16, may be renewed annually after its initial term for not more than four additional
7.6years.
7.7EFFECTIVE DATE.This section is effective for contracts entered into on or after July
7.81, 2017.
7.9 Sec. 9.
[123B.651] ENERGY USE REDUCTION AND REPORTING FOR PUBLIC
7.10SCHOOLS.
7.11Beginning October 1, 2017, each public school or school district reporting on behalf
of
7.12a public school must enter and maintain monthly utility consumption data into the
Minnesota
7.13B3 Benchmarking program for all buildings under its custodial control.
7.14 Sec. 10. Minnesota Statutes 2016, section 123B.92, subdivision 1, is amended to read:
7.15 Subdivision 1.
Definitions. For purposes of this section and section
125A.76, the terms
7.16defined in this subdivision have the meanings given to them.
7.17 (a) "Actual expenditure per pupil transported in the regular and excess transportation
7.18categories" means the quotient obtained by dividing:
7.19 (1) the sum of:
7.20 (i) all expenditures for transportation in the regular category, as defined in paragraph
7.21(b), clause (1), and the excess category, as defined in paragraph (b), clause (2),
plus
7.22 (ii) an amount equal to one year's depreciation on the district's school bus fleet
and
7.23mobile units computed on a straight line basis at the rate of 15 percent per year
for districts
7.24operating a program under section
124D.128 for grades 1 to 12 for all students in the district
7.25and 12-1/2 percent per year for other districts of the cost of the fleet, plus
7.26 (iii) an amount equal to one year's depreciation on the district's type III vehicles,
as
7.27defined in section
169.011, subdivision 71, which must be used a majority of the time for
7.28pupil transportation purposes, computed on a straight line basis at the rate of 20
percent per
7.29year of the cost of the type three school buses by:
8.1 (2) the number of pupils eligible for transportation in the regular category, as defined
8.2in paragraph (b), clause (1), and the excess category, as defined in paragraph (b),
clause
8.3(2).
8.4 (b) "Transportation category" means a category of transportation service provided
to
8.5pupils as follows:
8.6 (1) Regular transportation is:
8.7 (i) transportation to and from school during the regular school year for resident
elementary
8.8pupils residing one mile or more from the public or nonpublic school they attend,
and
8.9resident secondary pupils residing two miles or more from the public or nonpublic
school
8.10they attend, excluding desegregation transportation and noon kindergarten transportation;
8.11but with respect to transportation of pupils to and from nonpublic schools, only to
the extent
8.12permitted by sections
123B.84 to
123B.87;
8.13 (ii) transportation of resident pupils to and from language immersion programs;
8.14 (iii) transportation of a pupil who is a custodial parent and that pupil's child between
the
8.15pupil's home and the child care provider and between the provider and the school,
if the
8.16home and provider are within the attendance area of the school;
8.17 (iv) transportation to and from or board and lodging in another district, of resident
pupils
8.18of a district without a secondary school; and
8.19 (v) transportation to and from school during the regular school year required under
8.20subdivision 3 for nonresident elementary pupils when the distance from the attendance
area
8.21border to the public school is one mile or more, and for nonresident secondary pupils
when
8.22the distance from the attendance area border to the public school is two miles or
more,
8.23excluding desegregation transportation and noon kindergarten transportation.
8.24 For the purposes of this paragraph, a district may designate a licensed day care facility,
8.25school day care facility, respite care facility, the residence of a relative, or the
residence of
8.26a person or other location chosen by the pupil's parent or guardian, or an after-school
program
8.27for children operated by a political subdivision of the state, as the home of a pupil
for part
8.28or all of the day, if requested by the pupil's parent or guardian, and if that facility,
residence,
8.29or program is within the attendance area of the school the pupil attends.
8.30 (2) Excess transportation is:
8.31 (i) transportation to and from school during the regular school year for resident
secondary
8.32pupils residing at least one mile but less than two miles from the public or nonpublic
school
8.33they attend, and transportation to and from school for resident pupils residing less
than one
9.1mile from school who are transported because of full-service school zones, extraordinary
9.2traffic, drug, or crime hazards; and
9.3 (ii) transportation to and from school during the regular school year required under
9.4subdivision 3 for nonresident secondary pupils when the distance from the attendance
area
9.5border to the school is at least one mile but less than two miles from the public
school they
9.6attend, and for nonresident pupils when the distance from the attendance area border
to the
9.7school is less than one mile from the school and who are transported because of full-service
9.8school zones, extraordinary traffic, drug, or crime hazards.
9.9 (3) Desegregation transportation is transportation within and outside of the district
during
9.10the regular school year of pupils to and from schools located outside their normal
attendance
9.11areas under a plan for desegregation mandated by the commissioner or under court order.
9.12 (4) "Transportation services for pupils with disabilities" is:
9.13 (i) transportation of pupils with disabilities who cannot be transported on a regular
school
9.14bus between home or a respite care facility and school;
9.15 (ii) necessary transportation of pupils with disabilities from home or from school
to
9.16other buildings, including centers such as developmental achievement centers, hospitals,
9.17and treatment centers where special instruction or services required by sections
125A.03 to
9.18125A.24
,
125A.26 to
125A.48, and
125A.65 are provided, within or outside the district
9.19where services are provided;
9.20 (iii) necessary transportation for resident pupils with disabilities required by sections
9.21125A.12
, and
125A.26 to
125A.48;
9.22 (iv) board and lodging for pupils with disabilities in a district maintaining special
classes;
9.23 (v) transportation from one educational facility to another within the district for
resident
9.24pupils enrolled on a shared-time basis in educational programs, and necessary transportation
9.25required by sections
125A.18, and
125A.26 to
125A.48, for resident pupils with disabilities
9.26who are provided special instruction and services on a shared-time basis or if resident
pupils
9.27are not transported, the costs of necessary travel between public and private schools
or
9.28neutral instructional sites by essential personnel employed by the district's program
for
9.29children with a disability;
9.30 (vi) transportation for resident pupils with disabilities to and from board and lodging
9.31facilities when the pupil is boarded and lodged for educational purposes;
10.1(vii) transportation of pupils for a curricular field trip activity on a school bus
equipped
10.2with a power lift when the power lift is required by a student's disability or section
504 plan;
10.3and
10.4(viii) services described in clauses (i) to (vii), when provided for pupils with disabilities
10.5in conjunction with a summer instructional program that relates to the pupil's individualized
10.6education program or in conjunction with a learning year program established under
section
10.7124D.128
.
10.8 For purposes of computing special education initial aid under section 125A.76, the
cost
10.9of providing transportation for children with disabilities includes (A) the additional
cost of
10.10transporting
a student in a shelter care facility as defined in section 260C.007, subdivision
10.1130, a homeless student
from a temporary nonshelter home in another district to the school
10.12of origin, or a formerly homeless student from a permanent home in another district
to the
10.13school of origin but only through the end of the academic year; and (B) depreciation
on
10.14district-owned school buses purchased after July 1, 2005, and used primarily for
10.15transportation of pupils with disabilities, calculated according to paragraph (a),
clauses (ii)
10.16and (iii). Depreciation costs included in the disabled transportation category must
be excluded
10.17in calculating the actual expenditure per pupil transported in the regular and excess
10.18transportation categories according to paragraph (a). For purposes of subitem (A),
a school
10.19district may transport a child who does not have a school of origin to the same school
10.20attended by that child's sibling, if the siblings are homeless
or in a shelter care facility.
10.21 (5) "Nonpublic nonregular transportation" is:
10.22 (i) transportation from one educational facility to another within the district for
resident
10.23pupils enrolled on a shared-time basis in educational programs, excluding transportation
10.24for nonpublic pupils with disabilities under clause (4);
10.25 (ii) transportation within district boundaries between a nonpublic school and a public
10.26school or a neutral site for nonpublic school pupils who are provided pupil support
services
10.27pursuant to section
123B.44; and
10.28 (iii) late transportation home from school or between schools within a district for
10.29nonpublic school pupils involved in after-school activities.
10.30 (c) "Mobile unit" means a vehicle or trailer designed to provide facilities for educational
10.31programs and services, including diagnostic testing, guidance and counseling services,
and
10.32health services. A mobile unit located off nonpublic school premises is a neutral
site as
10.33defined in section
123B.41, subdivision 13.
11.1EFFECTIVE DATE.This section is effective retroactively from December 10, 2016.
11.2 Sec. 11. Minnesota Statutes 2016, section 124D.151, subdivision 2, is amended to read:
11.3 Subd. 2.
Program requirements. (a) A voluntary prekindergarten program provider
11.4must:
11.5(1) provide instruction through play-based learning to foster children's social and
11.6emotional development, cognitive development, physical and motor development, and
11.7language and literacy skills, including the native language and literacy skills of
English
11.8learners, to the extent practicable;
11.9 (2) measure each child's cognitive and social skills using a formative measure aligned
11.10to the state's early learning standards when the child enters and again before the
child leaves
11.11the program,
and screening and progress monitoring measures
, and others must be
11.12multi-domain and an age-appropriate version from the state-approved menu of kindergarten
11.13entry profile measures;
11.14(3) provide comprehensive program content including the implementation of curriculum,
11.15assessment, and instructional strategies aligned with the state early learning standards,
and
11.16kindergarten through grade 3 academic standards;
11.17(4) provide instructional content and activities that are of sufficient length and
intensity
11.18to address learning needs including offering a program with at least 350 hours of
instruction
11.19per school year for a prekindergarten student;
11.20(5) provide voluntary prekindergarten instructional staff salaries comparable to the
11.21salaries of local kindergarten through grade 12 instructional staff;
11.22(6) coordinate appropriate kindergarten transition with families, community-based
11.23prekindergarten programs, and school district kindergarten programs;
11.24(7) involve parents in program planning and transition planning by implementing parent
11.25engagement strategies that include culturally and linguistically responsive activities
in
11.26prekindergarten through third grade that are aligned with early childhood family education
11.27under section
124D.13;
11.28(8) coordinate with relevant community-based services, including
physical and mental
11.29health and social service agencies, to ensure children have access to comprehensive
services;
11.30(9) coordinate with all relevant school district programs and services including early
11.31childhood special education,
homeless food and nutrition, students
experiencing
11.32homelessness, and English learners;
12.1(10) ensure staff-to-child ratios of one-to-ten and a maximum group size of 20 children;
12.2(11) provide high-quality coordinated professional development, training, and coaching
12.3for both school district and community-based early learning providers that is informed
by
12.4a measure of adult-child interactions and enables teachers to be highly knowledgeable
in
12.5early childhood curriculum content, assessment, native and English language development
12.6programs, and instruction; and
12.7(12) implement strategies that support the alignment of professional development,
12.8instruction, assessments, and
curriculum in prekindergarten through grade 3
curricula.
12.9(b) A voluntary prekindergarten program must have teachers knowledgeable in early
12.10childhood curriculum content, assessment, native and English language programs, and
12.11instruction.
12.12(c) Districts and charter schools must include their strategy for implementing and
12.13measuring the impact of their voluntary prekindergarten program under section
120B.11
12.14and provide results in their world's best workforce annual summary to the commissioner
of
12.15education.
12.16EFFECTIVE DATE.This section is effective July 1, 2017.
12.17 Sec. 12. Minnesota Statutes 2016, section 126C.05, subdivision 8, is amended to read:
12.18 Subd. 8.
Average daily membership. (a) Membership for pupils in grades kindergarten
12.19through 12 and for prekindergarten pupils with disabilities shall mean the number
of pupils
12.20on the current roll of the school, counted from the date of entry until withdrawal.
The date
12.21of withdrawal shall mean the day the pupil permanently leaves the school or the date
it is
12.22officially known that the pupil has left or has been legally excused. However, a pupil,
12.23regardless of age, who has been absent from school for 15 consecutive school days
during
12.24the regular school year or for five consecutive school days during summer school or
12.25intersession classes of flexible school year programs without receiving instruction
in the
12.26home or hospital shall be dropped from the roll and classified as withdrawn. Nothing
in this
12.27section shall be construed as waiving the compulsory attendance provisions cited in
section
12.28120A.22
. Average daily membership equals the sum for all pupils of the number of days
12.29of the school year each pupil is enrolled in the district's schools divided by the
number of
12.30days the schools are in session
or are providing e-learning days due to inclement weather.
12.31Days of summer school or intersession classes of flexible school year programs are
only
12.32included in the computation of membership for pupils with a disability not appropriately
12.33served primarily in the regular classroom. A student must not be counted as more than
1.2
13.1pupils in average daily membership under this section. When the initial total average
daily
13.2membership exceeds 1.2 for a pupil enrolled in more than one school district during
the
13.3fiscal year, each district's average daily membership must be reduced proportionately.
13.4(b) A student must not be counted as more than one pupil in average daily membership
13.5except for purposes of section
126C.10, subdivision 2a.
13.6 Sec. 13. Minnesota Statutes 2016, section 126C.10, subdivision 2, is amended to read:
13.7 Subd. 2.
Basic revenue. The basic revenue for each district equals the formula allowance
13.8times the adjusted pupil units for the school year.
The formula allowance for fiscal year
13.92015 is $5,831. The formula allowance for fiscal year 2016 is $5,948. The formula allowance
13.10for fiscal year 2017
and later is $6,067.
The formula allowance for fiscal year 2018 is $6,158.
13.11The formula allowance for fiscal year 2019 and later is $6,249.
13.12EFFECTIVE DATE.This section is effective for revenue in fiscal year 2018 and later.
13.13 Sec. 14. Minnesota Statutes 2016, section 126C.10, subdivision 3, is amended to read:
13.14 Subd. 3.
Compensatory education revenue. (a)
For fiscal year 2014, the compensatory
13.15education revenue for each building in the district equals the formula allowance minus
$415
13.16times the compensation revenue pupil units computed according to section
126C.05,
13.17subdivision 3
. For fiscal year 2015 and later, The compensatory education revenue for each
13.18building in the district equals the formula allowance minus $839 times the compensation
13.19revenue pupil units computed according to section
126C.05, subdivision 3
. A district's
13.20compensatory revenue equals the sum of its compensatory revenue for each building
in the
13.21district and the amounts designated under Laws 2015, First Special Session chapter
3, article
13.222, section 70, subdivision 8, for fiscal year 2017. Revenue shall be paid to the district and
13.23must be allocated according to section
126C.15, subdivision 2.
13.24(b) When the district contracting with an alternative program under section
124D.69
13.25changes prior to the start of a school year, the compensatory revenue generated by
pupils
13.26attending the program shall be paid to the district contracting with the alternative
program
13.27for the current school year, and shall not be paid to the district contracting with
the alternative
13.28program for the prior school year.
13.29(c) When the fiscal agent district for an area learning center changes prior to the
start of
13.30a school year, the compensatory revenue shall be paid to the fiscal agent district
for the
13.31current school year, and shall not be paid to the fiscal agent district for the prior
school year.
13.32EFFECTIVE DATE.This section is effective for revenue for fiscal year 2018 and later.
14.1 Sec. 15. Minnesota Statutes 2016, section 126C.17, subdivision 9, is amended to read:
14.2 Subd. 9.
Referendum revenue. (a) The revenue authorized by section
126C.10,
14.3subdivision 1
, may be increased in the amount approved by the voters of the district at a
14.4referendum called for the purpose. The referendum may be called by the board. The
14.5referendum must be conducted one or two calendar years before the increased levy authority,
14.6if approved, first becomes payable. Only one election to approve an increase may be
held
14.7in a calendar year. Unless the referendum is conducted by mail under subdivision 11,
14.8paragraph (a), the referendum must be held on the first Tuesday after the first Monday
in
14.9November. The ballot must state the maximum amount of the increased revenue per adjusted
14.10pupil unit. The ballot may state a schedule, determined by the board, of increased
revenue
14.11per adjusted pupil unit that differs from year to year over the number of years for
which the
14.12increased revenue is authorized or may state that the amount shall increase annually
by the
14.13rate of inflation. For this purpose, the rate of inflation shall be the annual inflationary
increase
14.14calculated under subdivision 2, paragraph (b). The ballot may state that existing
referendum
14.15levy authority is expiring. In this case, the ballot may also compare the proposed
levy
14.16authority to the existing expiring levy authority, and express the proposed increase
as the
14.17amount, if any, over the expiring referendum levy authority. The ballot must designate
the
14.18specific number of years, not to exceed ten, for which the referendum authorization
applies.
14.19The ballot, including a ballot on the question to revoke or reduce the increased revenue
14.20amount under paragraph (c), must abbreviate the term "per adjusted pupil unit" as
"per
14.21pupil." The notice required under section
275.60 may be modified to read, in cases of
14.22renewing existing levies at the same amount per pupil as in the previous year:
14.23"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING TO
14.24EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS SCHEDULED
14.25TO EXPIRE."
14.26 The ballot may contain a textual portion with the information required in this subdivision
14.27and a question stating substantially the following:
14.28 "Shall the increase in the revenue proposed by (petition to) the board of .......,
School
14.29District No. .., be approved?"
14.30 If approved, an amount equal to the approved revenue per adjusted pupil unit times
the
14.31adjusted pupil units for the school year beginning in the year after the levy is certified
shall
14.32be authorized for certification for the number of years approved, if applicable, or
until
14.33revoked or reduced by the voters of the district at a subsequent referendum.
15.1 (b) The board must
prepare and deliver by
first class mail at least 15 days but no more
15.2than 30 days before the day of the referendum to each taxpayer a notice of the referendum
15.3and the proposed revenue increase. The board need not mail more than one notice to
any
15.4taxpayer. For the purpose of giving mailed notice under this subdivision, owners must
be
15.5those shown to be owners on the records of the county auditor or, in any county where
tax
15.6statements are mailed by the county treasurer, on the records of the county treasurer.
Every
15.7property owner whose name does not appear on the records of the county auditor or
the
15.8county treasurer is deemed to have waived this mailed notice unless the owner has
requested
15.9in writing that the county auditor or county treasurer, as the case may be, include
the name
15.10on the records for this purpose. The notice must project the anticipated amount of
tax increase
15.11in annual dollars for typical residential homesteads, agricultural homesteads, apartments,
15.12and commercial-industrial property within the school district.
15.13 The notice for a referendum may state that an existing referendum levy is expiring
and
15.14project the anticipated amount of increase over the existing referendum levy in the
first
15.15year, if any, in annual dollars for typical residential homesteads, agricultural homesteads,
15.16apartments, and commercial-industrial property within the district.
15.17 The notice must include the following statement: "Passage of this referendum will
result
15.18in an increase in your property taxes." However, in cases of renewing existing levies,
the
15.19notice may include the following statement: "Passage of this referendum extends an
existing
15.20operating referendum at the same amount per pupil as in the previous year."
15.21 (c) A referendum on the question of revoking or reducing the increased revenue amount
15.22authorized pursuant to paragraph (a) may be called by the board. A referendum to revoke
15.23or reduce the revenue amount must state the amount per adjusted pupil unit by which
the
15.24authority is to be reduced. Revenue authority approved by the voters of the district
pursuant
15.25to paragraph (a) must be available to the school district at least once before it
is subject to
15.26a referendum on its revocation or reduction for subsequent years. Only one revocation
or
15.27reduction referendum may be held to revoke or reduce referendum revenue for any specific
15.28year and for years thereafter.
15.29 (d) The approval of 50 percent plus one of those voting on the question is required
to
15.30pass a referendum authorized by this subdivision.
15.31 (e) At least 15 days before the day of the referendum, the district must submit a
copy of
15.32the notice required under paragraph (b) to the commissioner and to the county auditor
of
15.33each county in which the district is located. Within 15 days after the results of
the referendum
15.34have been certified by the board, or in the case of a recount, the certification of
the results
16.1of the recount by the canvassing board, the district must notify the commissioner
of the
16.2results of the referendum.
16.3EFFECTIVE DATE.This section is effective August 1, 2017.
16.4 Sec. 16. Minnesota Statutes 2016, section 127A.45, subdivision 10, is amended to read:
16.5 Subd. 10.
Payments to school nonoperating funds. Each fiscal year state general fund
16.6payments for a district nonoperating fund must be made at the current year aid payment
16.7percentage of the estimated entitlement during the fiscal year of the entitlement.
This amount
16.8shall be paid in
12 six equal monthly installments
from July through December. The amount
16.9of the actual entitlement, after adjustment for actual data, minus the payments made
during
16.10the fiscal year of the entitlement must be paid prior to October 31 of the following
school
16.11year. The commissioner may make advance payments of debt service equalization aid
and
16.12state-paid tax credits for a district's debt service fund earlier than would occur
under the
16.13preceding schedule if the district submits evidence showing a serious cash flow problem
in
16.14the fund. The commissioner may make earlier payments during the year and, if necessary,
16.15increase the percent of the entitlement paid to reduce the cash flow problem.
16.16 Sec. 17.
NEVIS SCHOOL DISTRICT; LEVY ADJUSTMENT.
16.17Notwithstanding Minnesota Statutes, section 126C.48, Independent School District No.
16.18308, Nevis, at the discretion of its school board, may spread any levy adjustment
remaining
16.19from the conversion of its operating referendum revenue over three or fewer years
beginning
16.20with school property taxes for taxes payable in 2018.
16.21EFFECTIVE DATE.This section is effective the day following final enactment.
16.22 Sec. 18.
DIRECTION TO COMMISSIONER; TRANSPORTATION REPORT.
16.23By February 15, 2018, the commissioner of education must prepare a report for the
16.24legislative committees with jurisdiction over kindergarten through grade 12 education
16.25finance on pupil transportation costs. The commissioner must consult with pupil
16.26transportation professionals throughout the state in developing and preparing the
report.
16.27The report must:
16.28(1) identify and analyze funding inequities between districts;
16.29(2) make recommendations for statutory changes necessary to provide equitable and
16.30adequate transportation funding;
17.1(3) consider changes in student demographics, attendance patterns, online learning,
open
17.2enrollment, and declining enrollment;
17.3(4) consider district topography, including the presence of lakes and rivers within
the
17.4district;
17.5(5) consider differential labor and fuel costs; and
17.6(6) examine whether public transportation options can be used more effectively to
provide
17.7transportation services.
17.8 Sec. 19.
APPROPRIATIONS.
17.9 Subdivision 1. Department of Education. The sums indicated in this section are
17.10appropriated from the general fund to the Department of Education for the fiscal years
17.11designated.
17.12 Subd. 2. General education aid. For general education aid under Minnesota Statutes,
17.13section 126C.13, subdivision 4:
17.14
|
|
$
|
7,001,339,000
|
.....
|
2018
|
17.15
|
|
$
|
7,161,392,000
|
.....
|
2019
|
17.16The 2018 appropriation includes $661,248,000 for 2017 and $6,340,091,000 for 2018.
17.17The 2019 appropriation includes $675,589,000 for 2018 and $6,485,803,000 for 2019.
17.18 Subd. 3. Enrollment options transportation. For transportation of pupils attending
17.19postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation
17.20of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:
17.21
|
|
$
|
29,000
|
.....
|
2018
|
17.22
|
|
$
|
31,000
|
.....
|
2019
|
17.23 Subd. 4. Abatement aid. For abatement aid under Minnesota Statutes, section 127A.49:
17.24
|
|
$
|
2,374,000
|
.....
|
2018
|
17.25
|
|
$
|
2,163,000
|
.....
|
2019
|
17.26The 2018 appropriation includes $262,000 for 2017 and $2,112,000 for 2018.
17.27The 2019 appropriation includes $234,000 for 2018 and $1,929,000 for 2019.
17.28 Subd. 5. Consolidation transition aid. For districts consolidating under Minnesota
17.29Statutes, section 123A.485:
17.30
|
|
$
|
185,000
|
.....
|
2018
|
17.31
|
|
$
|
382,000
|
.....
|
2019
|
18.1The 2018 appropriation includes $0 for 2017 and $185,000 for 2018.
18.2The 2019 appropriation includes $20,000 for 2018 and $362,000 for 2019.
18.3 Subd. 6. Nonpublic pupil education aid. For nonpublic pupil education aid under
18.4Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:
18.5
|
|
$
|
18,182,000
|
.....
|
2018
|
18.6
|
|
$
|
19,164,000
|
.....
|
2019
|
18.7The 2018 appropriation includes $1,687,000 for 2017 and $16,495,000 for 2018.
18.8The 2019 appropriation includes $1,832,000 for 2018 and $17,332,000 for 2019.
18.9 Subd. 7. Nonpublic pupil transportation. For nonpublic pupil transportation aid under
18.10Minnesota Statutes, section 123B.92, subdivision 9:
18.11
|
|
$
|
18,292,000
|
.....
|
2018
|
18.12
|
|
$
|
18,366,000
|
.....
|
2019
|
18.13The 2018 appropriation includes $1,835,000 for 2017 and $16,457,000 for 2018.
18.14The 2019 appropriation includes $1,828,000 for 2018 and $16,538,000 for 2019.
18.15 Subd. 8. One-room schoolhouse. For a grant to Independent School District No. 690,
18.16Warroad, to operate the Angle Inlet School:
18.17
|
|
$
|
65,000
|
.....
|
2018
|
18.18
|
|
$
|
65,000
|
.....
|
2019
|
18.19 Subd. 9. Career and technical aid. For career and technical aid under Minnesota
18.20Statutes, section 124D.4531, subdivision 1b:
18.21
|
|
$
|
4,561,000
|
.....
|
2018
|
18.22
|
|
$
|
4,125,000
|
.....
|
2019
|
18.23The 2018 appropriation includes $476,000 for 2017 and $4,085,000 for 2018.
18.24The 2019 appropriation includes $453,000 for 2018 and $3,672,000 for 2019.
18.25 Sec. 20.
REPEALER.
18.26Minnesota Statutes 2016, section 124D.73, subdivision 2, is repealed.
18.28EDUCATION EXCELLENCE
18.29 Section 1. Minnesota Statutes 2016, section 120B.021, subdivision 1, is amended to read:
19.1 Subdivision 1.
Required academic standards. (a) The following subject areas are
19.2required for statewide accountability:
19.3 (1) language arts;
19.4 (2) mathematics;
19.5 (3) science;
19.6 (4) social studies, including history, geography, economics, and government and
19.7citizenship that includes civics consistent with section
120B.02, subdivision 3;
19.8 (5) physical education;
19.9 (6) health, for which locally developed academic standards apply; and
19.10 (7) the arts, for which statewide or locally developed academic standards apply, as
19.11determined by the school district. Public elementary and middle schools must offer
at least
19.12three and require at least two of the following four arts areas: dance; music; theater;
and
19.13visual arts. Public high schools must offer at least three and require at least one
of the
19.14following five arts areas: media arts; dance; music; theater; and visual arts.
19.15 (b) For purposes of applicable federal law, the academic standards for language arts,
19.16mathematics, and science apply to all public school students, except the very few
students
19.17with extreme cognitive or physical impairments for whom an individualized education
19.18program team has determined that the required academic standards are inappropriate.
An
19.19individualized education program team that makes this determination must establish
19.20alternative standards.
19.21(c) Beginning in the 2016-2017 school year, the department must adopt the most recent
19.22National Association of Sport and Physical Education SHAPE America (Society of Health
19.23and Physical Educators) kindergarten through grade 12 standards and benchmarks for
19.24physical education as the required physical education academic standards. The department
19.25may modify and adapt the national standards to accommodate state interest. The modification
19.26and adaptations must maintain the purpose and integrity of the national standards.
The
19.27department must make available sample assessments, which school districts may use
as an
19.28alternative to local assessments, to assess students' mastery of the physical education
19.29standards beginning in the
2018-2019 school year
that the standards must be implemented
19.30by all schools.
19.31 (d) District efforts to develop, implement, or improve instruction or curriculum as
a
19.32result of the provisions of this section must be consistent with sections
120B.10,
120B.11,
19.33and
120B.20.
20.1EFFECTIVE DATE.This section is effective the day following final enactment and
20.2is retroactive to July 1, 2016.
20.3 Sec. 2. Minnesota Statutes 2016, section 120B.021, subdivision 3, is amended to read:
20.4 Subd. 3.
Rulemaking. The commissioner, consistent with the requirements of this section
20.5and section
120B.022, must adopt statewide rules under section
14.389 for implementing
20.6statewide rigorous core academic standards in language arts, mathematics, science,
social
20.7studies, physical education, and the arts. After the rules authorized under this subdivision
20.8are initially adopted, the commissioner may not amend or repeal these rules nor adopt
new
20.9rules on the same topic without specific legislative authorization.
The academic standards
20.10for language arts, mathematics, and the arts must be implemented for all students
beginning
20.11in the 2003-2004 school year. The academic standards for science and social studies
must
20.12be implemented for all students beginning in the 2005-2006 school year.
20.13 Sec. 3. Minnesota Statutes 2016, section 120B.022, subdivision 1b, is amended to read:
20.14 Subd. 1b.
State bilingual and multilingual seals. (a) Consistent with efforts to strive
20.15for the world's best workforce under sections
120B.11 and
124E.03, subdivision 2, paragraph
20.16(i), and close the academic achievement and opportunity gap under sections
124D.861 and
20.17124D.862
, voluntary state bilingual and multilingual seals are established to recognize high
20.18school students
in any Minnesota public, charter, or nonpublic school who demonstrate an
20.19advanced-low level or an intermediate high level of functional proficiency in listening,
20.20speaking, reading, and writing on either assessments aligned with American Council
on the
20.21Teaching of Foreign Languages' (ACTFL) proficiency guidelines or on equivalent valid
20.22and reliable assessments in one or more languages in addition to English. American
Sign
20.23Language is a language other than English for purposes of this subdivision and a world
20.24language for purposes of subdivision 1a.
20.25(b) In addition to paragraph (a), to be eligible to receive a seal:
20.26(1) students must satisfactorily complete all required English language arts credits;
and
20.27(2) students must demonstrate mastery of Minnesota's English language proficiency
20.28standards.
20.29(c) Consistent with this subdivision, a high school student who demonstrates an
20.30intermediate high ACTFL level of functional proficiency in one language in addition
to
20.31English is eligible to receive the state bilingual gold seal. A high school student
who
20.32demonstrates an intermediate high ACTFL level of functional native proficiency in
more
21.1than one language in addition to English is eligible to receive the state multilingual
gold
21.2seal. A high school student who demonstrates an advanced-low ACTFL level of functional
21.3proficiency in one language in addition to English is eligible to receive the state
bilingual
21.4platinum seal. A high school student who demonstrates an advanced-low ACTFL level
of
21.5functional proficiency in more than one language in addition to English is eligible
to receive
21.6the state multilingual platinum seal.
21.7(d) School districts and charter schools may give students periodic opportunities
to
21.8demonstrate their level of proficiency in listening, speaking, reading, and writing
in a
21.9language in addition to English. Where valid and reliable assessments are unavailable,
a
21.10school district or charter school may rely on evaluators trained in assessing under
ACTFL
21.11proficiency guidelines to assess a student's level of foreign, heritage, or indigenous
language
21.12proficiency under this section. School districts and charter schools must maintain
appropriate
21.13records to identify high school students eligible to receive the state bilingual or
multilingual
21.14gold and platinum seals. The school district or charter school must affix the appropriate
seal
21.15to the transcript of each high school student who meets the requirements of this subdivision
21.16and may affix the seal to the student's diploma. A school district or charter school
must not
21.17charge the high school student a fee for this seal.
21.18(e) A school district or charter school may award elective course credits in world
21.19languages to a student who demonstrates the requisite proficiency in a language other
than
21.20English under this section.
21.21(f) A school district or charter school may award community service credit to a student
21.22who demonstrates an intermediate high or advanced-low ACTFL level of functional
21.23proficiency in listening, speaking, reading, and writing in a language other than
English
21.24and who participates in community service activities that are integrated into the
curriculum,
21.25involve the participation of teachers, and support biliteracy in the school or local
community.
21.26(g) The commissioner must list on the Web page those assessments that are aligned
to
21.27ACTFL proficiency guidelines.
21.28(h) By August 1, 2015, the colleges and universities of the Minnesota State Colleges
21.29and Universities system must establish criteria to translate the seals into college
credits
21.30based on the world language course equivalencies identified by the Minnesota State
Colleges
21.31and Universities faculty and staff and, upon request from an enrolled student, the
Minnesota
21.32State Colleges and Universities may award foreign language credits to a student who
receives
21.33a Minnesota World Language Proficiency Certificate under subdivision 1a. A student
who
21.34demonstrated the requisite level of language proficiency in grade 10, 11, or 12 to
receive a
22.1seal or certificate and is enrolled in a Minnesota State Colleges and Universities
institution
22.2must request college credits for the student's seal or proficiency certificate within
three
22.3academic years after graduating from high school. The University of Minnesota is encouraged
22.4to award students foreign language academic credits consistent with this paragraph.
22.5 Sec. 4. Minnesota Statutes 2016, section 120B.12, is amended to read:
22.6120B.12 READING PROFICIENTLY NO LATER THAN THE END OF GRADE
22.73.
22.8 Subdivision 1.
Literacy goal. The legislature seeks to have every child reading at or
22.9above grade level no later than the end of grade 3, including English learners,
students
22.10receiving literacy interventions under section 125A.56, and students in an approved
program
22.11under section 125A.50, and that teachers provide comprehensive, scientifically based reading
22.12instruction consistent with section
122A.06, subdivision 4.
22.13 Subd. 1a. Definitions. (a) For the purposes of this section, the terms defined in this
22.14subdivision have the meanings given them.
22.15(b) "Core reading instruction" means the curriculum, assessments, materials, and
22.16instructional practices with which all students are actively engaged to achieve and
exceed
22.17proficiency standards.
22.18(c) "Diagnostic" means assessments intended to identify students' specific areas of
need
22.19related to literacy to inform instructional decisions.
22.20(d) "Evidence-based" means demonstrating a statistically significant effect on improving
22.21student outcomes or other relevant outcomes based on strong evidence from one or more
22.22quality experimental studies, moderate evidence from one or more quasi-experimental
22.23studies, or promising evidence from one or more correlational studies with statistical
controls
22.24for selection bias.
22.25(e) "Fidelity" means the extent to which a practice, program, or strategy is implemented
22.26as designed.
22.27(f) "Multisensory instruction" means instruction that incorporates opportunities to
practice
22.28that include seeing, hearing, saying, and physically doing.
22.29(g) "Multitiered system of supports" means a framework to improve outcomes for all
22.30students that organizes district-level resources to address each individual student's
needs,
22.31such as academic or behavior needs or both, that includes: screening of all students
using
22.32valid and reliable measures; tiers of instruction that vary in intensity; collaborative
teams
23.1that review data, problem solve, and organize instruction; frequent progress monitoring
23.2using valid and reliable measures to determine the impact of evidence-based interventions;
23.3and a system to ensure that instruction including interventions are evidence-based
and
23.4implemented with fidelity. For the purposes of this section, the multitiered system
applies
23.5to the development of literacy to increase the number of students meeting proficiency
23.6standards.
23.7(h) "Progress monitoring" means frequent assessment to examine a student's rate of
23.8progress on specific skills in order to guide decisions regarding the effectiveness
of
23.9intervention programs, as well as assisting in making additional instructional decisions
for
23.10a student.
23.11(i) "Screening" means systematically assessing all students on literacy indicators
for the
23.12purpose of identifying students who may require additional support and who are at
risk of
23.13poor learning outcomes. Screening assessments are typically brief, conducted with
all
23.14students at a grade level, and followed by additional testing or short-term progress
monitoring
23.15to corroborate students' risk status.
23.16(j) "Supplemental and intensive instruction" means instruction that increases the
intensity
23.17and practice of an activity, which is accomplished primarily by increasing the instructional
23.18time, reducing the size of the group, and focusing the instruction.
23.19(k) "Systematic and explicit instruction" means instruction that logically builds
from
23.20the smallest to more complex concepts such that there is no confusion or doubt and
includes
23.21specific design and delivery procedures.
23.22 Subd. 2.
Identification; report. (a) Each school district shall identify before the end of
23.23kindergarten, grade 1, and grade 2 students who are not reading at grade level before
the
23.24end of the current school year.
Reading The district must use locally adopted,
23.25developmentally appropriate, and culturally responsive screening and diagnostic assessments
23.26in English
, and in the predominant languages of district students
, where practicable,
must
23.27to identify and evaluate students' areas of academic need related to literacy. The district
23.28also must monitor the progress and provide reading instruction appropriate to the
specific
23.29needs of English learners. The district must
use a locally adopted, developmentally
23.30appropriate, and culturally responsive assessment and annually report
each of the following
23.31to the commissioner by July 1:
23.32 (1) a summary
of assessment results
to the commissioner by July 1.; and
24.1 (2) The district also must annually report a summary of the district's efforts to screen
24.2and identify students with dyslexia
consistent with section 125A.01 or convergence
24.3insufficiency disorder
to the commissioner by July 1.
24.4(b) A student identified under this subdivision
, including English learners, students with
24.5identified reading disorders, and students with disabilities, must be provided
with alternate
24.6instruction under section
125A.56, subdivision 1 additional evidence-based literacy practices
24.7such as through a system of multitiered supports or specially designed instructional
services
24.8as identified in an individualized education program.
24.9 Subd. 2a.
Parent notification and involvement. Schools, at least annually, must give
24.10the parent of each student who is not reading at or above grade level timely information
24.11about:
24.12(1)
the student's reading proficiency as measured by a locally adopted assessment;
24.13(2) reading-related services currently being provided to the student
and the student's
24.14progress; and
24.15(3) strategies for parents to use at home in helping their student succeed in becoming
24.16grade-level proficient in reading in English and in their native language.
24.17A district may not use this section to deny a student's right to a special education
24.18evaluation.
24.19 Subd. 3.
Intervention. (a) For each student identified under subdivision 2, the district
24.20shall provide reading intervention
, such as through a multitiered system of supports, to
24.21accelerate student growth and reach the goal of reading at or above grade level by
the end
24.22of the current grade and school year
consistent with sections 125A.50 and 125A.56,
24.23subdivision 2. Reading instruction and interventions must be appropriate to the specific
24.24needs of English learners.
24.25(b) District intervention methods shall encourage family engagement and, where possible,
24.26collaboration with appropriate school and community programs.
24.27(c) Intervention
methods delivery options may include, but are not limited to, requiring
24.28attendance in summer school, intensified reading instruction that may require that
the student
24.29be removed from the regular classroom for part of the school day,
specially designed
24.30instruction for students who qualify for special education services, extended-day programs,
24.31or programs that strengthen students' cultural connections.
24.32(d) Intervention methods matched to the needs, stage of development, and culture of
the
24.33students engaging with the instruction must include, but are not limited to:
25.1(1) evidence-based practices delivered with fidelity;
25.2(2) systematic, explicit, multisensory instruction with sufficient practice;
25.3(3) provision of timely error correction and positive feedback to students;
25.4(4) use of progress monitoring data for decision making; and
25.5(5) supplemental and intensive instruction.
25.6(e) A student, other than a student under an individualized education program (IEP),
25.7who is unable to demonstrate grade-level proficiency as measured by the statewide
reading
25.8assessment in grade 3 shall receive a personal learning plan in a format determined
by the
25.9school or school district in consultation with classroom teachers, and developed and
updated
25.10as needed in consultation, to the extent practicable, with the student and the student's
parents
25.11by the classroom teachers and other qualified school professionals involved with the
student's
25.12elementary school progress. A personal learning plan shall address knowledge gaps
and
25.13skill deficiencies through strategies such as specific exercises and practices during
and
25.14outside of the regular school day, periodic assessments and timelines, and may include
grade
25.15retention, if necessary, to meet the student's best interests. Intervention must continue
after
25.16grade 3 until the student is reading at grade level.
25.17 Subd. 4.
Staff development. Each district shall use the data under subdivision 2 to
25.18identify the staff development needs so that:
25.19(1) elementary teachers are able to implement comprehensive, scientifically based
reading
25.20and oral language instruction in the five reading areas of phonemic awareness, phonics,
25.21fluency, vocabulary, and comprehension as defined in section
122A.06, subdivision 4, and
25.22other literacy-related areas including writing until the student achieves grade-level
reading
25.23proficiency;
25.24(2) elementary teachers have sufficient training to provide comprehensive, scientifically
25.25based reading and oral language instruction that meets students' developmental, linguistic,
25.26and literacy needs using the intervention methods or programs selected by the district
for
25.27the identified students;
25.28(3) licensed teachers employed by the district have regular opportunities to improve
25.29reading and writing instruction;
25.30(4) licensed teachers recognize students' diverse needs in cross-cultural settings
and are
25.31able to serve the oral language and linguistic needs of students who are English learners
by
25.32maximizing strengths in their native languages in order to cultivate students' English
language
26.1development, including oral academic language development, and build academic literacy;
26.2and
26.3(5) licensed teachers are well trained in culturally responsive pedagogy that enables
26.4students to master content, develop skills to access content, and build relationships.
26.5 Subd. 4a.
Local literacy plan. (a) Consistent with this section, a school district must
26.6adopt a local literacy plan to have every child reading at or above grade level no
later than
26.7the end of grade 3, including English learners. The plan must be consistent with section
26.8122A.06, subdivision 4
, and include the following:
26.9(1) a process to assess students' level of reading proficiency and data to support
the
26.10effectiveness of an assessment used to screen and identify a student's level of reading
26.11proficiency;
26.12(2) a process to notify and involve parents;
26.13(3) a description of how schools in the district will determine the proper reading
26.14intervention strategy for a student and the process for intensifying or modifying
the reading
26.15strategy in order to obtain measurable reading progress;
26.16(4) evidence-based intervention methods for students who are not reading at or above
26.17grade level and progress monitoring to provide information on the effectiveness of
the
26.18intervention; and
26.19(5) identification of staff development needs, including a program to meet those needs.
26.20(b) The district must post its literacy plan on the official school district Web site.
26.21 Subd. 5.
Commissioner. The commissioner shall recommend to districts multiple
26.22assessment tools to assist districts and teachers with identifying students under
subdivision
26.232. The commissioner shall also make available examples of nationally recognized and
26.24research-based instructional methods or programs to districts to provide comprehensive,
26.25scientifically based reading instruction and intervention under this section.
26.26EFFECTIVE DATE.This section is effective for fiscal year 2018 and later.
26.27 Sec. 5.
[120B.122] DYSLEXIA SPECIALIST.
26.28 Subdivision 1. Purpose. The department must employ a dyslexia specialist to provide
26.29technical assistance for dyslexia and related disorders and to serve as the primary
source of
26.30information and support for schools in addressing the needs of students with dyslexia
and
26.31related disorders. The dyslexia specialist shall also act to increase professional
awareness
26.32and instructional competencies to meet the educational needs of students with dyslexia
or
27.1identified with risk characteristics associated with dyslexia and shall develop implementation
27.2guidance and make recommendations to the commissioner consistent with section 122A.06,
27.3subdivision 4, to be used to assist general education teachers and special education
teachers
27.4to recognize educational needs and to improve literacy outcomes for students with
dyslexia
27.5or identified with risk characteristics associated with dyslexia, including recommendations
27.6related to increasing the availability of online and asynchronous professional development
27.7programs and materials.
27.8 Subd. 2. Definition. For purposes of this section, a "dyslexia specialist" means a dyslexia
27.9therapist, licensed psychologist, licensed speech-language pathologist, or certified
dyslexia
27.10training specialist who has a minimum of three years of field experience in screening,
27.11identifying, and treating dyslexia and related disorders.
27.12 Subd. 3. Requirements. A dyslexia specialist shall be highly trained in dyslexia and
27.13related disorders and in using interventions and treatments that are evidence-based,
27.14multisensory, direct, explicit, structured, and sequential in the areas of phonics,
phonemic
27.15awareness, vocabulary, fluency, and comprehension.
27.16 Sec. 6. Minnesota Statutes 2016, section 120B.125, is amended to read:
27.17120B.125 PLANNING FOR STUDENTS' SUCCESSFUL TRANSITION TO
27.18POSTSECONDARY EDUCATION AND EMPLOYMENT; PERSONAL LEARNING
27.19PLANS.
27.20(a) Consistent with sections
120B.13,
120B.131,
120B.132,
120B.14,
120B.15,
120B.30,
27.21subdivision 1
, paragraph (c), 125A.08, and other related sections, school districts, beginning
27.22in the 2013-2014 school year, must assist all students by no later than grade 9 to
explore
27.23their educational, college, and career interests, aptitudes, and aspirations and develop
a plan
27.24for a smooth and successful transition to postsecondary education or employment. All
27.25students' plans must:
27.26(1) provide a comprehensive plan to prepare for and complete a career and college
ready
27.27curriculum by meeting state and local academic standards and developing career and
27.28employment-related skills such as team work, collaboration, creativity, communication,
27.29critical thinking, and good work habits;
27.30(2) emphasize academic rigor and high expectations
and inform the student and the
27.31student's parent or guardian, if the student is a minor, of the student's achievement
level
27.32score on the Minnesota Comprehensive Assessments that are administered during high
27.33school;
28.1(3) help students identify interests, aptitudes, aspirations, and personal learning
styles
28.2that may affect their career and college ready goals and postsecondary education and
28.3employment choices;
28.4(4) set appropriate career and college ready goals with timelines that identify effective
28.5means for achieving those goals;
28.6(5) help students access education and career options;
28.7(6) integrate strong academic content into career-focused courses and applied and
28.8experiential learning opportunities and integrate relevant career-focused courses
and applied
28.9and experiential learning opportunities into strong academic content;
28.10(7) help identify and access appropriate counseling and other supports and assistance
28.11that enable students to complete required coursework, prepare for postsecondary education
28.12and careers, and obtain information about postsecondary education costs and eligibility
for
28.13financial aid and scholarship;
28.14(8) help identify collaborative partnerships among prekindergarten through grade 12
28.15schools, postsecondary institutions, economic development agencies, and local and
regional
28.16employers that support students' transition to postsecondary education and employment
and
28.17provide students with applied and experiential learning opportunities; and
28.18(9) be reviewed and revised at least annually by the student, the student's parent
or
28.19guardian, and the school or district to ensure that the student's course-taking schedule
keeps
28.20the student making adequate progress to meet state and local academic standards and
high
28.21school graduation requirements and with a reasonable chance to succeed with employment
28.22or postsecondary education without the need to first complete remedial course work.
28.23(b) A school district may develop grade-level curricula or provide instruction that
28.24introduces students to various careers, but must not require any curriculum, instruction,
or
28.25employment-related activity that obligates an elementary or secondary student to involuntarily
28.26select or pursue a career, career interest, employment goals, or related job training.
28.27(c) Educators must possess the knowledge and skills to effectively teach all English
28.28learners in their classrooms. School districts must provide appropriate curriculum,
targeted
28.29materials, professional development opportunities for educators, and sufficient resources
28.30to enable English learners to become career and college ready.
28.31(d) When assisting students in developing a plan for a smooth and successful transition
28.32to postsecondary education and employment, districts must recognize the unique possibilities
29.1of each student and ensure that the contents of each student's plan reflect the student's
unique
29.2talents, skills, and abilities as the student grows, develops, and learns.
29.3(e) If a student with a disability has an individualized education program (IEP) or
29.4standardized written plan that meets the plan components of this section, the IEP
satisfies
29.5the requirement and no additional transition plan is needed.
29.6(f) Students who do not meet or exceed Minnesota academic standards, as measured by
29.7the Minnesota Comprehensive Assessments that are administered during high school,
shall
29.8be informed that admission to a public school is free and available to any resident
under 21
29.9years of age or who meets the requirements of section 120A.20, subdivision 1, paragraph
29.10(c). A student's plan under this section shall continue while the student is enrolled.
29.11EFFECTIVE DATE.This section is effective July 1, 2017.
29.12 Sec. 7. Minnesota Statutes 2016, section 120B.132, is amended to read:
29.13120B.132 RAISED ACADEMIC ACHIEVEMENT; ADVANCED PLACEMENT
29.14AND INTERNATIONAL BACCALAUREATE PROGRAMS.
29.15 Subdivision 1.
Establishment; eligibility. A program is established to raise kindergarten
29.16through grade 12 academic achievement through increased student participation in
29.17preadvanced placement, advanced placement, and international baccalaureate programs,
29.18consistent with section
120B.13. Schools and charter schools eligible to participate under
29.19this section:
29.20 (1) must have a three-year plan approved by the local school board to establish a
new
29.21international baccalaureate program leading to international baccalaureate authorization,
29.22expand an existing program that leads to international baccalaureate authorization,
or expand
29.23an existing authorized international baccalaureate program; or
29.24 (2) must have a three-year plan approved by the local school board to create a new
or
29.25expand an existing program to implement the college board advanced placement courses
29.26and exams or preadvanced placement initiative; and
29.27 (3) must propose to further raise students' academic achievement by:
29.28 (i) increasing the availability of and all students' access to advanced placement
or
29.29international baccalaureate courses or programs;
29.30 (ii) expanding the breadth of advanced placement or international baccalaureate courses
29.31or programs that are available to students;
30.1 (iii) increasing the number and the diversity of the students who participate in advanced
30.2placement or international baccalaureate courses or programs and succeed;
30.3 (iv) providing low-income and other disadvantaged students with increased access to
30.4advanced placement or international baccalaureate courses and programs; or
30.5 (v) increasing the number of high school students, including low-income and other
30.6disadvantaged students, who receive college credit by successfully completing advanced
30.7placement or international baccalaureate courses or programs and achieving satisfactory
30.8scores on related exams.
30.9 Subd. 2.
Application and review process; funding priority. (a) Charter schools and
30.10school districts in which eligible schools under subdivision 1 are located may apply
to the
30.11commissioner, in the form and manner the commissioner determines, for competitive
funding
30.12to further raise students' academic achievement. The application must detail the specific
30.13efforts the applicant intends to undertake in further raising students' academic achievement,
30.14consistent with subdivision 1, and a proposed budget detailing the district or charter
school's
30.15current and proposed expenditures for advanced placement, preadvanced placement, and
30.16international baccalaureate courses and programs. The proposed budget must demonstrate
30.17that the applicant's efforts will support implementation of advanced placement, preadvanced
30.18placement, and international baccalaureate courses and programs. Expenditures for
30.19administration must not exceed five percent of the proposed budget. The commissioner
may
30.20require an applicant to provide additional information.
30.21 (b) When reviewing applications, the commissioner must determine whether the applicant
30.22satisfied all the requirements in this subdivision and subdivision 1. The commissioner
may
30.23give funding priority to an otherwise qualified applicant that demonstrates:
30.24 (1) a focus on developing or expanding preadvanced placement, advanced placement,
30.25or international baccalaureate courses or programs or increasing students' participation
in,
30.26access to, or success with the courses or programs, including the participation, access,
or
30.27success of low-income and other disadvantaged students;
30.28 (2) a compelling need for access to preadvanced placement, advanced placement, or
30.29international baccalaureate courses or programs;
30.30 (3) an effective ability to actively involve local business and community organizations
30.31in student activities that are integral to preadvanced placement, advanced placement,
or
30.32international baccalaureate courses or programs;
31.1 (4) access to additional public or nonpublic funds or in-kind contributions that are
31.2available for preadvanced placement, advanced placement, or international baccalaureate
31.3courses or programs;
or
31.4 (5) an intent to implement activities that target low-income and other disadvantaged
31.5students
.; or
31.6(6) an intent to increase the advanced placement and international baccalaureate course
31.7offerings in science, technology, engineering, and math to low-income and other
31.8disadvantaged students.
31.9 Subd. 3.
Funding; permissible funding uses. (a) The commissioner shall award grants
31.10to applicant school districts and charter schools that meet the requirements of subdivisions
31.111 and 2. The commissioner must award grants on an equitable geographical basis to
the
31.12extent feasible and consistent with this section. Grant awards must not exceed the
lesser of:
31.13 (1) $85 times the number of pupils enrolled at the participating sites on October
1 of the
31.14previous fiscal year;
or
31.15 (2) the approved supplemental expenditures based on the budget submitted under
31.16subdivision 2. For charter schools in their first year of operation, the maximum funding
31.17award must be calculated using the number of pupils enrolled on October 1 of the current
31.18fiscal year. The commissioner may adjust the maximum funding award computed using
31.19prior year data for changes in enrollment attributable to school closings, school
openings,
31.20grade level reconfigurations, or school district reorganizations between the prior
fiscal year
31.21and the current fiscal year
; or
31.22 (3) $150,000 per district or charter school.
31.23 (b) School districts and charter schools that submit an application and receive funding
31.24under this section must use the funding, consistent with the application, to:
31.25 (1) provide teacher training and instruction to more effectively serve students, including
31.26low-income and other disadvantaged students, who participate in preadvanced placement,
31.27advanced placement, or international baccalaureate courses or programs;
31.28 (2) further develop preadvanced placement, advanced placement, or international
31.29baccalaureate courses or programs;
31.30 (3) improve the transition between grade levels to better prepare students, including
31.31low-income and other disadvantaged students, for succeeding in preadvanced placement,
31.32advanced placement, or international baccalaureate courses or programs;
32.1 (4) purchase books and supplies;
32.2 (5) pay course or program fees;
32.3 (6) increase students' participation in and success with preadvanced placement, advanced
32.4placement, or international baccalaureate courses or programs;
32.5 (7) expand students' access to preadvanced placement, advanced placement, or
32.6international baccalaureate courses or programs through online learning;
32.7 (8) hire appropriately licensed personnel to teach additional advanced placement or
32.8international baccalaureate courses or programs; or
32.9 (9) engage in other
activity directly related activities to
expanding expand low-income
32.10or disadvantaged students' access to, participation in, and success with preadvanced
32.11placement, advanced placement, or international baccalaureate courses or programs
,
32.12including. Other activities may include but are not limited to preparing and disseminating
32.13promotional materials to low-income and other disadvantaged students
and their families.
32.14 Subd. 4.
Grants; annual reports. (a) Each school district and charter school that receives
32.15a grant under this section annually must collect demographic and other student data
to
32.16demonstrate and measure the extent to which the district or charter school raised
students'
32.17academic achievement under this program and must report the data to the commissioner
in
32.18the form and manner the commissioner determines. The commissioner annually by February
32.1915 must make summary data about this program available to the education policy and
finance
32.20committees of the legislature.
32.21 (b) Each school district and charter school that receives a grant under this section
annually
32.22must report to the commissioner, consistent with the Uniform Financial Accounting
and
32.23Reporting Standards, its actual expenditures for advanced placement, preadvanced placement,
32.24and international baccalaureate courses and programs. The report must demonstrate
that
32.25the school district or charter school has maintained its effort from other sources
for advanced
32.26placement, preadvanced placement, and international baccalaureate courses and programs
32.27compared with the previous fiscal year, and the district or charter school has expended
all
32.28grant funds, consistent with its approved budget.
32.29 (c) Notwithstanding any law to the contrary, a grant under this section is available
for
32.30three years from the date of the grant if the district or charter school meets the
annual
32.31benchmarks in its plan under subdivision 1.
33.1 Sec. 8. Minnesota Statutes 2016, section 120B.30, subdivision 1, is amended to read:
33.2 Subdivision 1.
Statewide testing. (a) The commissioner, with advice from experts with
33.3appropriate technical qualifications and experience and stakeholders, consistent with
33.4subdivision 1a, shall include in the comprehensive assessment system, for each grade
level
33.5to be tested, state-constructed tests developed as computer-adaptive reading and mathematics
33.6assessments for students that are aligned with the state's required academic standards
under
33.7section
120B.021, include multiple choice questions, and are administered annually to all
33.8students in grades 3 through 8. State-developed high school tests aligned with the
state's
33.9required academic standards under section
120B.021 and administered to all high school
33.10students in a subject other than writing must include multiple choice questions. The
33.11commissioner shall establish one or more months during which schools shall administer
33.12the tests to students each school year.
33.13(1) Students enrolled in grade 8 through the 2009-2010 school year are eligible to
be
33.14assessed under (i) the graduation-required assessment for diploma in reading, mathematics,
33.15or writing under Minnesota Statutes 2012, section
120B.30, subdivision 1, paragraphs (c),
33.16clauses (1) and (2), and (d), (ii) the WorkKeys job skills assessment, (iii) the Compass
33.17college placement test, (iv) the ACT assessment for college admission, (v) a nationally
33.18recognized armed services vocational aptitude test.
33.19(2) Students enrolled in grade 8 in the 2010-2011 or 2011-2012 school year are eligible
33.20to be assessed under (i) the graduation-required assessment for diploma in reading,
33.21mathematics, or writing under Minnesota Statutes 2012, section
120B.30, subdivision 1,
33.22paragraph (c), clauses (1) and (2), (ii) the WorkKeys job skills assessment, (iii)
the Compass
33.23college placement test, (iv) the ACT assessment for college admission, (v) a nationally
33.24recognized armed services vocational aptitude test.
33.25(3) For students under clause (1) or (2), a school district may substitute a score
from an
33.26alternative, equivalent assessment to satisfy the requirements of this paragraph.
33.27(b) The state assessment system must be aligned to the most recent revision of academic
33.28standards as described in section
120B.023 in the following manner:
33.29(1) mathematics;
33.30(i) grades 3 through 8 beginning in the 2010-2011 school year; and
33.31(ii) high school level beginning in the 2013-2014 school year;
33.32(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
33.33school year; and
34.1(3) language arts and reading; grades 3 through 8 and high school level beginning
in the
34.22012-2013 school year.
34.3 (c) For students enrolled in grade 8 in the 2012-2013 school year and later, students'
34.4state graduation requirements, based on a longitudinal, systematic approach to student
34.5education and career planning, assessment, instructional support, and evaluation,
include
34.6the following:
34.7 (1)
an opportunity to participate on a nationally normed college entrance exam, in grade
34.811 or grade 12;
34.9 (2) achievement and career and college readiness in mathematics, reading, and writing,
34.10consistent with paragraph (k) and to the extent available, to monitor students' continuous
34.11development of and growth in requisite knowledge and skills; analyze students' progress
34.12and performance levels, identifying students' academic strengths and diagnosing areas
where
34.13students require curriculum or instructional adjustments, targeted interventions,
or
34.14remediation; and, based on analysis of students' progress and performance data, determine
34.15students' learning and instructional needs and the instructional tools and best practices
that
34.16support academic rigor for the student; and
34.17 (3) (2) consistent with this paragraph and section
120B.125, age-appropriate exploration
34.18and planning activities and career assessments to encourage students to identify personally
34.19relevant career interests and aptitudes and help students and their families develop
a regularly
34.20reexamined transition plan for postsecondary education or employment without need
for
34.21postsecondary remediation.
34.22Based on appropriate state guidelines, students with an individualized education program
34.23may satisfy state graduation requirements by achieving an individual score on the
34.24state-identified alternative assessments.
34.25 (d) Expectations of schools, districts, and the state for career or college readiness
under
34.26this subdivision must be comparable in rigor, clarity of purpose, and rates of student
34.27completion.
34.28 A student under paragraph (c), clause
(2) (1), must receive targeted, relevant, academically
34.29rigorous, and resourced instruction, which may include a targeted instruction and
intervention
34.30plan focused on improving the student's knowledge and skills in core subjects so that
the
34.31student has a reasonable chance to succeed in a career or college without need for
34.32postsecondary remediation. Consistent with sections
120B.13,
124D.09,
124D.091,
124D.49,
34.33and related sections, an enrolling school or district must actively encourage a student
in
34.34grade 11 or 12 who is identified as academically ready for a career or college to
participate
35.1in courses and programs awarding college credit to high school students. Students
are not
35.2required to achieve a specified score or level of proficiency on an assessment under
this
35.3subdivision to graduate from high school.
35.4 (e) Though not a high school graduation requirement, students are encouraged to
35.5participate in a nationally recognized college entrance exam. To the extent state
funding
35.6for college entrance exam fees is available, a district must
pay the cost reimburse a student
35.7in grade 11 or 12 who is eligible for a free or reduced-price meal, one time,
for an interested
35.8student in grade 11 or 12 to take for the registration fees associated with a nationally
35.9recognized college entrance exam before graduating.
A student must be able to take the
35.10exam under this paragraph at the student's high school during the school day and at
any one
35.11of the multiple exam administrations available to students in the district. In order to comply
35.12with this subdivision, a district may administer the ACT or SAT or both the ACT and SAT
35.13to comply with this paragraph at the student's high school or arrange for the student to take
35.14the exam at another location.
If the district administers only one of these two tests and a
35.15student opts not to take that test and chooses instead to take the other of the two
tests, the
35.16A free or reduced-price meal eligible student may take the
other test exam at a different
35.17time or location and remains eligible for the examination fee reimbursement.
35.18 (f) The commissioner and the chancellor of the Minnesota State Colleges and Universities
35.19must collaborate in aligning instruction and assessments for adult basic education
students
35.20and English learners to provide the students with diagnostic information about any
targeted
35.21interventions, accommodations, modifications, and supports they need so that assessments
35.22and other performance measures are accessible to them and they may seek postsecondary
35.23education or employment without need for postsecondary remediation. When administering
35.24formative or summative assessments used to measure the academic progress, including
the
35.25oral academic development, of English learners and inform their instruction, schools
must
35.26ensure that the assessments are accessible to the students and students have the modifications
35.27and supports they need to sufficiently understand the assessments.
35.28 (g) Districts and schools, on an annual basis, must use career exploration elements
to
35.29help students, beginning no later than grade 9, and their families explore and plan
for
35.30postsecondary education or careers based on the students' interests, aptitudes, and
aspirations.
35.31Districts and schools must use timely regional labor market information and partnerships,
35.32among other resources, to help students and their families successfully develop, pursue,
35.33review, and revise an individualized plan for postsecondary education or a career.
This
35.34process must help increase students' engagement in and connection to school, improve
35.35students' knowledge and skills, and deepen students' understanding of career pathways
as
36.1a sequence of academic and career courses that lead to an industry-recognized credential,
36.2an associate's degree, or a bachelor's degree and are available to all students, whatever
their
36.3interests and career goals.
36.4(h) A student who demonstrates attainment of required state academic standards, which
36.5include career and college readiness benchmarks, on high school assessments under
36.6subdivision 1a is academically ready for a career or college and is encouraged to
participate
36.7in courses awarding college credit to high school students. Such courses and programs
may
36.8include sequential courses of study within broad career areas and technical skill
assessments
36.9that extend beyond course grades.
36.10(i) As appropriate, students through grade 12 must continue to participate in targeted
36.11instruction, intervention, or remediation and be encouraged to participate in courses
awarding
36.12college credit to high school students.
36.13 (j) In developing, supporting, and improving students' academic readiness for a career
36.14or college, schools, districts, and the state must have a continuum of empirically
derived,
36.15clearly defined benchmarks focused on students' attainment of knowledge and skills
so that
36.16students, their parents, and teachers know how well students must perform to have
a
36.17reasonable chance to succeed in a career or college without need for postsecondary
36.18remediation. The commissioner, in consultation with local school officials and educators,
36.19and Minnesota's public postsecondary institutions must ensure that the foundational
36.20knowledge and skills for students' successful performance in postsecondary employment
36.21or education and an articulated series of possible targeted interventions are clearly
identified
36.22and satisfy Minnesota's postsecondary admissions requirements.
36.23 (k) For students in grade 8 in the 2012-2013 school year and later, a school, district,
or
36.24charter school must record on the high school transcript a student's progress toward
career
36.25and college readiness, and for other students as soon as practicable.
36.26 (l) The school board granting students their diplomas may formally decide to include
a
36.27notation of high achievement on the high school diplomas of those graduating seniors
who,
36.28according to established school board criteria, demonstrate exemplary academic achievement
36.29during high school.
36.30(m) The 3rd through 8th grade computer-adaptive assessment results and high school
36.31test results shall be available to districts for diagnostic purposes affecting student
learning
36.32and district instruction and curriculum, and for establishing educational accountability.
The
36.33commissioner must establish empirically derived benchmarks on adaptive assessments
in
36.34grades 3 through 8. The commissioner, in consultation with the chancellor of the Minnesota
37.1State Colleges and Universities, must establish empirically derived benchmarks on
the high
37.2school tests that reveal a trajectory toward career and college readiness consistent
with
37.3section
136F.302, subdivision 1a. The commissioner must disseminate to the public the
37.4computer-adaptive assessments and high school test results upon receiving those results.
37.5 (n) The grades 3 through 8 computer-adaptive assessments and high school tests must
37.6be aligned with state academic standards. The commissioner shall determine the testing
37.7process and the order of administration. The statewide results shall be aggregated
at the site
37.8and district level, consistent with subdivision 1a.
37.9 (o) The commissioner shall include the following components in the statewide public
37.10reporting system:
37.11 (1) uniform statewide computer-adaptive assessments of all students in grades 3 through
37.128 and testing at the high school levels that provides appropriate, technically sound
37.13accommodations or alternate assessments;
37.14 (2) educational indicators that can be aggregated and compared across school districts
37.15and across time on a statewide basis, including average daily attendance, high school
37.16graduation rates, and high school drop-out rates by age and grade level;
37.17 (3) state results on the American College Test; and
37.18 (4) state results from participation in the National Assessment of Educational Progress
37.19so that the state can benchmark its performance against the nation and other states,
and,
37.20where possible, against other countries, and contribute to the national effort to
monitor
37.21achievement.
37.22 (p) For purposes of statewide accountability, "career and college ready" means a high
37.23school graduate has the knowledge, skills, and competencies to successfully pursue
a career
37.24pathway, including postsecondary credit leading to a degree, diploma, certificate,
or
37.25industry-recognized credential and employment. Students who are career and college
ready
37.26are able to successfully complete credit-bearing coursework at a two- or four-year
college
37.27or university or other credit-bearing postsecondary program without need for remediation.
37.28 (q) For purposes of statewide accountability, "cultural competence," "cultural
37.29competency," or "culturally competent" means the ability and will to interact effectively
37.30with people of different cultures, native languages, and socioeconomic backgrounds.
38.1 Sec. 9. Minnesota Statutes 2016, section 120B.30, subdivision 1a, is amended to read:
38.2 Subd. 1a.
Statewide and local assessments; results. (a) For purposes of this section,
38.3the following definitions have the meanings given them.
38.4(1) "Computer-adaptive assessments" means
fully adaptive assessments.
38.5(2)
"Fully adaptive assessments" include "Adaptive assessments" means test items that
38.6are on-grade level
and items that may be above or below a student's grade level.
38.7(3) "On-grade level" test items contain subject area content that is aligned to state
38.8academic standards for the grade level of the student taking the assessment.
38.9(4) "Above-grade level" test items contain subject area content that is above the
grade
38.10level of the student taking the assessment and is considered aligned with state academic
38.11standards to the extent it is aligned with content represented in state academic standards
38.12above the grade level of the student taking the assessment. Notwithstanding the student's
38.13grade level, administering above-grade level test items to a student does not violate
the
38.14requirement that state assessments must be aligned with state standards.
38.15(5) "Below-grade level" test items contain subject area content that is below the
grade
38.16level of the student taking the test and is considered aligned with state academic
standards
38.17to the extent it is aligned with content represented in state academic standards below
the
38.18student's current grade level. Notwithstanding the student's grade level, administering
38.19below-grade level test items to a student does not violate the requirement that state
38.20assessments must be aligned with state standards.
38.21(b) The commissioner must use
fully adaptive mathematics and reading assessments for
38.22grades 3 through 8.
38.23(c) For purposes of conforming with existing federal educational accountability
38.24requirements, the commissioner must develop and implement computer-adaptive reading
38.25and mathematics assessments for grades 3 through 8, state-developed high school reading
38.26and mathematics tests aligned with state academic standards, a high school writing
test
38.27aligned with state standards when it becomes available, and science assessments under
38.28clause (2) that districts and sites must use to monitor student growth toward achieving
those
38.29standards. The commissioner must not develop statewide assessments for academic standards
38.30in social studies, health and physical education, and the arts. The commissioner must
require:
38.31 (1) annual computer-adaptive reading and mathematics assessments in grades 3 through
38.328, and high school reading, writing, and mathematics tests; and
39.1 (2) annual science assessments in one grade in the grades 3 through 5 span, the grades
39.26 through 8 span, and a life sciences assessment in the grades 9 through 12 span,
and the
39.3commissioner must not require students to achieve a passing score on high school science
39.4assessments as a condition of receiving a high school diploma.
39.5(d) The commissioner must ensure that for annual computer-adaptive assessments:
39.6(1) individual student performance data and achievement reports are available within
39.7three school days of when students take an assessment except in a year when an assessment
39.8reflects new performance standards;
39.9(2) growth information is available for each student from the student's first assessment
39.10to each proximate assessment using a constant measurement scale;
39.11(3) parents, teachers, and school administrators are able to use elementary and middle
39.12school student performance data to project students' secondary and postsecondary
39.13achievement; and
39.14(4) useful diagnostic information about areas of students' academic strengths and
39.15weaknesses is available to teachers and school administrators for improving student
39.16instruction and indicating the specific skills and concepts that should be introduced
and
39.17developed for students at given performance levels, organized by strands within subject
39.18areas, and aligned to state academic standards.
39.19 (e) The commissioner must ensure that all state tests administered to elementary and
39.20secondary students measure students' academic knowledge and skills and not students'
39.21values, attitudes, and beliefs.
39.22 (f) Reporting of state assessment results must:
39.23 (1) provide timely, useful, and understandable information on the performance of
39.24individual students, schools, school districts, and the state;
39.25 (2) include a growth indicator of student achievement; and
39.26 (3) determine whether students have met the state's academic standards.
39.27 (g) Consistent with applicable federal law, the commissioner must include appropriate,
39.28technically sound accommodations or alternative assessments for the very few students
with
39.29disabilities for whom statewide assessments are inappropriate and for English learners.
39.30 (h) A school, school district, and charter school must administer statewide assessments
39.31under this section, as the assessments become available, to evaluate student progress
toward
39.32career and college readiness in the context of the state's academic standards. A school,
40.1school district, or charter school may use a student's performance on a statewide
assessment
40.2as one of multiple criteria to determine grade promotion or retention. A school, school
40.3district, or charter school may use a high school student's performance on a statewide
40.4assessment as a percentage of the student's final grade in a course, or place a student's
40.5assessment score on the student's transcript.
40.6 Sec. 10. Minnesota Statutes 2016, section 120B.31, is amended by adding a subdivision
40.7to read:
40.8 Subd. 3a. Rollout sites; report. The commissioner of education shall designate up to
40.9six school districts or charter schools as rollout sites.
40.10(a) The rollout sites should represent urban school districts, suburban school districts,
40.11nonurban school districts, and charter schools. The commissioner shall designate rollout
40.12sites and notify the schools by August 1, 2017, and the designated school districts
or charter
40.13schools shall have the right to opt-out or opt-in as rollout sites by September 1,
2017.
40.14(b) The commissioner must consult stakeholders and review the American Community
40.15Survey to develop recommendations for best practices for disaggregated data. Stakeholders
40.16consulted under this paragraph include at least:
40.17(1) the rollout sites;
40.18(2) parent groups; and
40.19(3) community representatives.
40.20(c) The commissioner shall report to the legislative committees having jurisdiction
over
40.21kindergarten through grade 12 education policy and finance by February 1, 2018. The
40.22commissioner may research best practices from other states that have disaggregated
data
40.23beyond the requirements of the most recent reauthorization of the Elementary and Secondary
40.24Education Act. The commissioner must consult with the stakeholders on how to measure
40.25a student's background as an immigrant or a refugee and provide a recommendation in
the
40.26report on how to include the data in the statewide rollout. The recommendations may
address:
40.27(1) the most meaningful use of disaggregated data, including but not limited to which
40.28reports should include further disaggregated data;
40.29(2) collection of additional student characteristics, including but not limited to
ensuring
40.30enhanced enrollment forms:
40.31(i) provide context and the objective of additional data;
41.1(ii) are designed to convey respect and acknowledgment of the sensitive nature of
the
41.2additional data; and
41.3(iii) are designed to collect data consistent with user feedback;
41.4(3) efficient data-reporting approaches when reporting additional information to the
41.5department;
41.6(4) the frequency by which districts and schools must update enrollment forms to meet
41.7the needs of the state's changing racial and ethnic demographics; and
41.8(5) the criteria for determining additional data. This recommendation should include
a
41.9recommendation for frequency of reviews and updates of the additional data and should
41.10also identify the approach of updating any additional census data and data on new
enrollees.
41.11This recommendation must consider additional student groups that may face education
41.12disparities and must take into account maintaining student privacy and providing
41.13nonidentifiable student level data.
41.14EFFECTIVE DATE.This section is effective the day following final enactment.
41.15 Sec. 11. Minnesota Statutes 2016, section 120B.31, subdivision 4, is amended to read:
41.16 Subd. 4.
Student performance data. In developing policies and assessment processes
41.17to hold schools and districts accountable for high levels of academic standards under
section
41.18120B.021
, the commissioner shall aggregate and disaggregate student data over time to
41.19report summary student performance and growth levels and, under section
120B.11,
41.20subdivision 2
, clause (2), student learning and outcome data measured at the school, school
41.21district, and statewide level. The commissioner shall use the student categories identified
41.22under the federal Elementary and Secondary Education Act, as most recently reauthorized,
41.23and student categories of homelessness, ethnicity
under section 120B.35, subdivision 3,
41.24paragraph (a), clause (2), race
under section 120B.35, subdivision 3, paragraph (a), clause
41.25(2), home language,
immigrant, refugee status, English learners under section
124D.59, free
41.26or reduced-price lunch, and other categories designated by federal law to organize
and report
41.27the data so that state and local policy makers can understand the educational implications
41.28of changes in districts' demographic profiles over time as data are available. Any
report the
41.29commissioner disseminates containing summary data on student performance must integrate
41.30student performance and the demographic factors that strongly correlate with that
41.31performance.
41.32EFFECTIVE DATE.This section is effective for the 2019-2020 school year and later.
42.1 Sec. 12. Minnesota Statutes 2016, section 120B.35, subdivision 3, is amended to read:
42.2 Subd. 3.
State growth target; other state measures. (a)(1) The state's educational
42.3assessment system measuring individual students' educational growth is based on indicators
42.4of achievement growth that show an individual student's prior achievement. Indicators
of
42.5achievement and prior achievement must be based on highly reliable statewide or districtwide
42.6assessments.
42.7(2) For purposes of paragraphs (b), (c), and (d), the commissioner must analyze and
42.8report separate categories of information using the student categories identified
under the
42.9federal Elementary and Secondary Education Act, as most recently reauthorized, and,
in
42.10addition to
"other" for each race and ethnicity and the Karen community,
other student
42.11categories as determined by the total Minnesota population at or above the 1,000-person
42.12threshold based on the most recent decennial census, including ethnicity; race; refugee
status
42.13seven of the most populous Asian and Pacific Islander groups, three of the most populous
42.14Native groups, seven of the most populous Hispanic/Latino groups, and five of the
most
42.15populous Black and African Heritage groups as determined by the total Minnesota population
42.16based on the most recent state demographer's report; English learners under section
124D.59;
42.17home language; free or reduced-price lunch;
immigrant; and all students enrolled in a
42.18Minnesota public school who are currently or were previously in foster care, except
that
42.19such disaggregation and cross tabulation is not required if the number of students
in a
42.20category is insufficient to yield statistically reliable information or the results
would reveal
42.21personally identifiable information about an individual student.
42.22(b) The commissioner, in consultation with a stakeholder group that includes assessment
42.23and evaluation directors, district staff, experts in culturally responsive teaching,
and
42.24researchers, must implement a model that uses a value-added growth indicator and includes
42.25criteria for identifying schools and school districts that demonstrate medium and
high growth
42.26under section
120B.299, subdivisions 8 and 9, and may recommend other value-added
42.27measures under section
120B.299, subdivision 3. The model may be used to advance
42.28educators' professional development and replicate programs that succeed in meeting
students'
42.29diverse learning needs. Data on individual teachers generated under the model are
personnel
42.30data under section
13.43. The model must allow users to:
42.31(1) report student growth consistent with this paragraph; and
42.32(2) for all student categories, report and compare aggregated and disaggregated state
42.33student growth and, under section
120B.11, subdivision 2, clause (2), student learning and
42.34outcome data using the student categories identified under the federal Elementary
and
43.1Secondary Education Act, as most recently reauthorized, and other student categories
under
43.2paragraph (a), clause (2).
43.3The commissioner must report measures of student growth and, under section
120B.11,
43.4subdivision 2
, clause (2), student learning and outcome data, consistent with this paragraph,
43.5including the English language development, academic progress, and oral academic
43.6development of English learners and their native language development if the native
language
43.7is used as a language of instruction, and include data on all pupils enrolled in a
Minnesota
43.8public school course or program who are currently or were previously counted as an
English
43.9learner under section
124D.59.
43.10(c) When reporting student performance under section
120B.36, subdivision 1, the
43.11commissioner annually, beginning July 1, 2011, must report two core measures indicating
43.12the extent to which current high school graduates are being prepared for postsecondary
43.13academic and career opportunities:
43.14(1) a preparation measure indicating the number and percentage of high school graduates
43.15in the most recent school year who completed course work important to preparing them
for
43.16postsecondary academic and career opportunities, consistent with the core academic
subjects
43.17required for admission to Minnesota's public colleges and universities as determined
by the
43.18Office of Higher Education under chapter 136A; and
43.19(2) a rigorous coursework measure indicating the number and percentage of high school
43.20graduates in the most recent school year who successfully completed one or more
43.21college-level advanced placement, international baccalaureate, postsecondary enrollment
43.22options including concurrent enrollment, other rigorous courses of study under section
43.23120B.021, subdivision 1a
, or industry certification courses or programs.
43.24When reporting the core measures under clauses (1) and (2), the commissioner must
also
43.25analyze and report separate categories of information using the student categories
identified
43.26under the federal Elementary and Secondary Education Act, as most recently reauthorized,
43.27and other student categories under paragraph (a), clause (2).
43.28(d) When reporting student performance under section
120B.36, subdivision 1, the
43.29commissioner annually, beginning July 1, 2014, must report summary data on school
safety
43.30and students' engagement and connection at school, consistent with the student categories
43.31identified under paragraph (a), clause (2). The summary data under this paragraph
are
43.32separate from and must not be used for any purpose related to measuring or evaluating
the
43.33performance of classroom teachers. The commissioner, in consultation with qualified
experts
43.34on student engagement and connection and classroom teachers, must identify highly
reliable
44.1variables that generate summary data under this paragraph. The summary data may be
used
44.2at school, district, and state levels only. Any data on individuals received, collected,
or
44.3created that are used to generate the summary data under this paragraph are nonpublic
data
44.4under section
13.02, subdivision 9.
44.5(e) For purposes of statewide educational accountability, the commissioner must identify
44.6and report measures that demonstrate the success of learning year program providers
under
44.7sections
123A.05 and
124D.68, among other such providers, in improving students'
44.8graduation outcomes. The commissioner, beginning July 1, 2015, must annually report
44.9summary data on:
44.10(1) the four- and six-year graduation rates of students under this paragraph;
44.11(2) the percent of students under this paragraph whose progress and performance levels
44.12are meeting career and college readiness benchmarks under section
120B.30, subdivision
44.131; and
44.14(3) the success that learning year program providers experience in:
44.15(i) identifying at-risk and off-track student populations by grade;
44.16(ii) providing successful prevention and intervention strategies for at-risk students;
44.17(iii) providing successful recuperative and recovery or reenrollment strategies for
off-track
44.18students; and
44.19(iv) improving the graduation outcomes of at-risk and off-track students.
44.20The commissioner may include in the annual report summary data on other education
44.21providers serving a majority of students eligible to participate in a learning year
program.
44.22(f) The commissioner, in consultation with recognized experts with knowledge and
44.23experience in assessing the language proficiency and academic performance of all English
44.24learners enrolled in a Minnesota public school course or program who are currently
or were
44.25previously counted as an English learner under section
124D.59, must identify and report
44.26appropriate and effective measures to improve current categories of language difficulty
and
44.27assessments, and monitor and report data on students' English proficiency levels,
program
44.28placement, and academic language development, including oral academic language.
44.29(g) When reporting four- and six-year graduation rates, the commissioner or school
44.30district must disaggregate the data by student categories according to paragraph (a),
clause
44.31(2).
45.1(h) A school district must inform parents and guardians that volunteering information
45.2on student categories not required by the most recent reauthorization of the Elementary
and
45.3Secondary Education Act is optional and will not violate the privacy of students or
their
45.4families, parents, or guardians. The notice must state the purpose for collecting
the student
45.5data.
45.6EFFECTIVE DATE.This section is effective for the 2018-2019 school year and later
45.7for rollout sites under Minnesota Statutes, section 120B.31, subdivision 3a. This
section is
45.8effective for the 2019-2020 school year and later for all other schools.
45.9 Sec. 13. Minnesota Statutes 2016, section 122A.414, subdivision 2, is amended to read:
45.10 Subd. 2.
Alternative teacher professional pay system. (a) To participate in this program,
45.11a school district, an intermediate school district consistent with paragraph (d),
a school site,
45.12or a charter school must have a world's best workforce plan under section
120B.11 and an
45.13alternative teacher professional pay system agreement under paragraph (b). A charter
school
45.14participant also must comply with subdivision 2a.
45.15 (b) The alternative teacher professional pay system agreement must:
45.16 (1) describe how teachers can achieve career advancement and additional compensation;
45.17 (2) describe how the school district, intermediate school district, school site, or
charter
45.18school will provide teachers with career advancement options that allow teachers to
retain
45.19primary roles in student instruction and facilitate site-focused professional development
45.20that helps other teachers improve their skills;
45.21 (3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
45.22paid before implementing the pay system from being reduced as a result of participating
in
45.23this system, base at least 60 percent of any compensation increase on teacher performance
45.24using:
45.25 (i) schoolwide student achievement gains under section
120B.35 or locally selected
45.26standardized assessment outcomes, or both;
45.27 (ii) measures of student growth and literacy that may include value-added models or
45.28student learning goals, consistent with section
122A.40, subdivision 8, paragraph (b), clause
45.29(9), or
122A.41, subdivision 5, paragraph (b), clause (9), and other measures that include
45.30the academic literacy, oral academic language, and achievement of English learners
under
45.31section
122A.40, subdivision 8, paragraph (b), clause (10), or
122A.41, subdivision 5,
45.32paragraph (b), clause (10); and
46.1 (iii) an objective evaluation program under section
122A.40, subdivision 8, paragraph
46.2(b), clause (2), or
122A.41, subdivision 5, paragraph (b), clause (2);
46.3 (4) provide for participation in job-embedded learning opportunities such as professional
46.4learning communities to improve instructional skills and learning that are aligned
with
46.5student needs under section
120B.11, consistent with the staff development plan under
46.6section
122A.60 and led during the school day by trained teacher leaders such as master or
46.7mentor teachers;
46.8 (5) allow any teacher in a participating school district, intermediate school district,
school
46.9site, or charter school that implements an alternative pay system to participate in
that system
46.10without any quota or other limit; and
46.11 (6) encourage collaboration rather than competition among teachers.
46.12(c) The alternative teacher professional pay system may:
46.13 (1) include a hiring bonus or other added compensation
for to provide students with
46.14equitable access to teachers who
, consistent with section 120B.11, subdivision 2, clause
46.15(3):
46.16 (i) are identified as effective or highly effective under the local teacher professional
46.17review cycle
and or, when being considered for hire as first-year teachers, have demonstrated
46.18skills during student teaching for being highly effective at closing achievement gaps;
46.19 (ii) work in a
high-need or hard-to-fill position
; or
46.20 (iii) are hired to work in a hard-to-staff school such as a school with a majority of students
46.21whose families meet federal poverty guidelines, a geographically isolated school,
or a school
46.22identified by the state as eligible for targeted programs or services for its students;
and
46.23 (2) include incentives for teachers to obtain a master's degree or other advanced
46.24certification
with at least 18 credits in their content field of licensure
required for teaching
46.25concurrent enrollment or college in the schools courses,
or to pursue the training or education
46.26necessary to obtain an additional licensure in shortage areas identified by the district
or
46.27charter school
,; or
46.28 (3) help fund a
"grow your own" Grow Your Own new teacher initiative
involving
46.29nonlicensed educational professionals, including paraprofessionals and cultural liaisons,
46.30who are of color or who are American Indian.
47.1 (d) An intermediate school district under this subdivision must demonstrate in a form
47.2and manner determined by the commissioner that it uses the aid it receives under this
section
47.3for activities identified in the alternative teacher professional pay system agreement.
47.4 Sec. 14. Minnesota Statutes 2016, section 122A.415, subdivision 4, is amended to read:
47.5 Subd. 4.
Basic alternative teacher compensation aid. (a) The basic alternative teacher
47.6compensation aid for a school with a plan approved under section
122A.414, subdivision
47.72b
, equals 65 percent of the alternative teacher compensation revenue under subdivision
1.
47.8The basic alternative teacher compensation aid for a charter school with a plan approved
47.9under section
122A.414, subdivisions 2a and 2b, equals $260 times the number of pupils
47.10enrolled in the school on October 1 of the previous year, or on October 1 of the current
year
47.11for a charter school in the first year of operation, times the ratio of the sum of
the alternative
47.12teacher compensation aid and alternative teacher compensation levy for all participating
47.13school districts to the maximum alternative teacher compensation revenue for those
districts
47.14under subdivision 1.
47.15(b) Notwithstanding paragraph (a) and subdivision 1, the state total basic alternative
47.16teacher compensation aid entitlement must not exceed $75,840,000 for fiscal year 2016
and
47.17$88,118,000 for fiscal year 2017 and later. The commissioner must limit the amount
of
47.18alternative teacher compensation aid approved under this section so as not to exceed
these
47.19limits by not approving new participants or by prorating the aid among participating
districts,
47.20intermediate school districts, school sites, and charter schools. The commissioner
may also
47.21reallocate a portion of the allowable aid for the biennium from the second year to
the first
47.22year to meet the needs of approved participants.
47.23(c) Basic alternative teacher compensation aid for an intermediate district or other
47.24cooperative unit equals $3,000 times the number of licensed teachers employed by the
47.25intermediate district or cooperative unit on October 1 of the previous school year.
47.26 Sec. 15.
[122A.417] ALTERNATIVE TEACHER COMPENSATION REVENUE
47.27FOR ST. CROIX RIVER EDUCATION DISTRICT.
47.28Notwithstanding section 122A.415, subdivision 4, paragraph (c), the St. Croix River
47.29Education District, No. 6009-61, is eligible to receive alternative teacher compensation
47.30revenue based on its staffing as of October 1 of the previous fiscal year. To qualify
for
47.31alternative teacher compensation revenue, the St. Croix River Education District must
meet
47.32all the requirements of sections 122A.414 and 122A.415 that apply to cooperative units,
47.33must report its staffing as of October 1 of each year to the department in a manner
determined
48.1by the commissioner, and must annually report to the department by November 30 its
48.2expenditures for the alternative teacher professional pay system consistent with the
uniform
48.3financial accounting and reporting standards.
48.4 Sec. 16.
[122A.627] POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS.
48.5"Positive behavioral interventions and supports" or "PBIS" means an evidence-based
48.6framework for preventing problem behavior, providing instruction and support for positive
48.7and prosocial behaviors, and supporting social, emotional, and behavioral needs for
all
48.8students. Schoolwide implementation of PBIS requires training, coaching, and evaluation
48.9for school staff to consistently implement the key components that make PBIS effective
for
48.10all students, including:
48.11(1) establishing, defining, teaching, and practicing three to five positively stated
48.12schoolwide behavioral expectations that are representative of the local community
and
48.13cultures;
48.14(2) developing and implementing a consistent system used by all staff to provide positive
48.15feedback and acknowledgment for students who display schoolwide behavioral expectations;
48.16(3) developing and implementing a consistent and specialized support system for students
48.17who do not display behaviors representative of schoolwide positive expectations;
48.18(4) developing a system to support decisions based on data related to student progress,
48.19effective implementation of behavioral practices, and screening for students requiring
48.20additional behavior supports;
48.21(5) using a continuum of evidence-based interventions that is integrated and aligned
to
48.22support academic and behavioral success for all students; and
48.23(6) using a team-based approach to support effective implementation, monitor progress,
48.24and evaluate outcomes.
48.25 Sec. 17. Minnesota Statutes 2016, section 122A.70, subdivision 1, is amended to read:
48.26 Subdivision 1.
Teacher mentoring, induction, and retention programs. (a) School
48.27districts are encouraged to develop teacher mentoring
, induction, and retention programs
48.28for teachers new to the profession or district, including teaching residents,
teachers in
48.29high-need fields, teachers of color,
teachers who are American Indian, teachers with special
48.30needs, or experienced teachers in need of peer coaching.
49.1(b) Teacher mentoring programs must support districts' teacher evaluation and peer
49.2review processes under sections 122A.40, subdivision 8, and 122A.41, subdivision 5.
A
49.3district may use staff development revenue under sections 122A.60 and 122A.61, special
49.4grant programs established by the legislature, or another funding source to pay a
stipend of
49.5up to $500 to a mentor.
49.6 Sec. 18. Minnesota Statutes 2016, section 124D.09, subdivision 3, is amended to read:
49.7 Subd. 3.
Definitions. For purposes of this section, the following terms have the meanings
49.8given to them.
49.9(a) "Eligible institution" means a Minnesota public postsecondary institution, a private,
49.10nonprofit two-year trade and technical school granting associate degrees, an opportunities
49.11industrialization center accredited by the North Central Association of Colleges and
Schools,
49.12or a private, residential, two-year or four-year, liberal arts, degree-granting college
or
49.13university located in Minnesota.
49.14(b) "Course" means a course or program.
49.15(c) "Concurrent enrollment" means nonsectarian courses in which an eligible pupil
under
49.16subdivision 5 or 6 enrolls to earn both secondary and postsecondary credits, are taught
by
49.17a secondary teacher or a postsecondary faculty member, and are offered at a high school
49.18for which the district is eligible to receive concurrent enrollment program aid under
section
49.19124D.091.
49.20 Sec. 19. Minnesota Statutes 2016, section 124D.09, subdivision 5, is amended to read:
49.21 Subd. 5.
Authorization; notification. Notwithstanding any other law to the contrary,
49.22an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled
tribal
49.23contract or grant school eligible for aid under section
124D.83, except a foreign exchange
49.24pupil enrolled in a district under a cultural exchange program, may apply to an eligible
49.25institution, as defined in subdivision 3, to enroll in nonsectarian courses offered
by that
49.26postsecondary institution.
Notwithstanding any other law to the contrary, a 9th or 10th grade
49.27pupil enrolled in a district or an American Indian-controlled tribal contract or grant
school
49.28eligible for aid under section
124D.83, except a foreign exchange pupil enrolled in a district
49.29under a cultural exchange program, may apply to enroll in nonsectarian courses offered
49.30under subdivision 10, if (1) the school district and the eligible postsecondary institution
49.31providing the course agree to the student's enrollment or (2) the course is a world
language
49.32course currently available to 11th and 12th grade students, and consistent with section
49.33120B.022
governing world language standards, certificates, and seals. If an institution
50.1accepts a secondary pupil for enrollment under this section, the institution shall
send written
50.2notice to the pupil, the pupil's school or school district, and the commissioner
within ten
50.3days of acceptance. The notice must indicate the course and hours of enrollment of that
50.4pupil. If the pupil enrolls in a course for postsecondary credit, the institution
must notify
50.5the pupil about payment in the customary manner used by the institution.
50.6 Sec. 20. Minnesota Statutes 2016, section 124D.09, is amended by adding a subdivision
50.7to read:
50.8 Subd. 5b. Authorization; 9th or 10th grade pupil. Notwithstanding any other law to
50.9the contrary, a 9th or 10th grade pupil enrolled in a district or an American Indian-controlled
50.10tribal contract or grant school eligible for aid under section 124D.83, except a foreign
50.11exchange pupil enrolled in a district under a cultural exchange program, may apply
to enroll
50.12in nonsectarian courses offered under subdivision 10, if:
50.13(1) the school district and the eligible postsecondary institution providing the course
50.14agree to the student's enrollment; or
50.15(2) the course is a world language course currently available to 11th and 12th grade
50.16students, and consistent with section 120B.022 governing world language standards,
50.17certificates, and seals.
50.18 Sec. 21. Minnesota Statutes 2016, section 124D.09, subdivision 10, is amended to read:
50.19 Subd. 10.
Courses according to agreements. (a) An eligible pupil, according to
50.20subdivision 5, may enroll in a nonsectarian course taught by a secondary teacher or
a
50.21postsecondary faculty member and offered at a secondary school, or another location,
50.22according to an agreement between a public school board and the governing body of
an
50.23eligible public postsecondary system or an eligible private postsecondary institution,
as
50.24defined in subdivision 3. All provisions of this section shall apply to a pupil, public
school
50.25board, district, and the governing body of a postsecondary institution, except as
otherwise
50.26provided.
50.27(b) To encourage students, especially American Indian students and students of color,
50.28to consider teaching as a profession, participating schools, school districts, and
postsecondary
50.29institutions are encouraged to develop and offer an "Introduction to Teaching" or
50.30"Introduction to Education" course under this subdivision. An institution that receives
a
50.31grant to develop a course under this paragraph must annually report to the commissioner
50.32in a form and manner determined by the commissioner on the participation rates of
students
51.1in courses under this paragraph, including the number of students who apply for admission
51.2to colleges or universities with teacher preparation programs.
51.3 Sec. 22. Minnesota Statutes 2016, section 124D.09, subdivision 13, is amended to read:
51.4 Subd. 13.
Financial arrangements. For a pupil enrolled in a course under this section,
51.5the department must make payments according to this subdivision for courses that were
51.6taken for secondary credit.
51.7The department must not make payments to a school district or postsecondary institution
51.8for a course taken for postsecondary credit only. The department must not make payments
51.9to a postsecondary institution for a course from which a student officially withdraws
during
51.10the first 14 days of the quarter or semester or who has been absent from the postsecondary
51.11institution for the first 15 consecutive school days of the quarter or semester and
is not
51.12receiving instruction in the home or hospital.
51.13A postsecondary institution shall receive the following:
51.14(1) for an institution granting quarter credit, the reimbursement per credit hour
shall be
51.15an amount equal to 88 percent of the product of the formula allowance minus $425,
multiplied
51.16by 1.2, and divided by 45; or
51.17(2) for an institution granting semester credit, the reimbursement per credit hour
shall
51.18be an amount equal to 88 percent of the product of the general revenue formula allowance
51.19minus $425, multiplied by 1.2, and divided by 30.
51.20The department must pay to each postsecondary institution 100 percent of the amount
51.21in clause (1) or (2) within
30 45 days of receiving initial enrollment information each quarter
51.22or semester. If changes in enrollment occur during a quarter or semester, the change
shall
51.23be reported by the postsecondary institution at the time the enrollment information
for the
51.24succeeding quarter or semester is submitted. At any time the department notifies a
51.25postsecondary institution that an overpayment has been made, the institution shall
promptly
51.26remit the amount due.
51.27 Sec. 23. Minnesota Statutes 2016, section 124D.68, subdivision 2, is amended to read:
51.28 Subd. 2.
Eligible pupils. (a) A pupil under the age of 21 or who meets the requirements
51.29of section
120A.20, subdivision 1, paragraph (c), is eligible to participate in the graduation
51.30incentives program, if the pupil:
51.31(1) performs substantially below the performance level for pupils of the same age
in a
51.32locally determined achievement test;
52.1(2) is behind in satisfactorily completing coursework or obtaining credits for graduation;
52.2(3) is pregnant or is a parent;
52.3(4) has been assessed as chemically dependent;
52.4(5) has been excluded or expelled according to sections
121A.40 to
121A.56;
52.5(6) has been referred by a school district for enrollment in an eligible program or
a
52.6program pursuant to section
124D.69;
52.7(7) is a victim of physical or sexual abuse;
52.8(8) has experienced mental health problems;
52.9(9) has experienced homelessness sometime within six months before requesting a
52.10transfer to an eligible program;
52.11(10) speaks English as a second language or is an English learner; or
52.12(11) has withdrawn from school or has been chronically truant; or
52.13(12) is being treated in a hospital in the seven-county metropolitan area for cancer
or
52.14other life threatening illness or is the sibling of an eligible pupil who is being
currently
52.15treated, and resides with the pupil's family at least 60 miles beyond the outside
boundary
52.16of the seven-county metropolitan area.
52.17(b) For
the 2016-2017 school year fiscal years 2017 and 2018 only, a pupil otherwise
52.18qualifying under paragraph (a) who is at least 21 years of age and not yet 22 years
of age,
52.19is an English learner with an interrupted formal education according to section
124D.59,
52.20subdivision 2a
, and was in an early middle college program during the previous school year
52.21is eligible to participate in the graduation incentives program under section
124D.68 and
52.22in concurrent enrollment courses offered under section
124D.09, subdivision 10, and is
52.23funded in the same manner as other pupils under this section.
52.24 Sec. 24. Minnesota Statutes 2016, section 124D.695, is amended to read:
52.25124D.695 APPROVED RECOVERY PROGRAM FUNDING.
52.26 Subdivision 1.
Approved recovery program. "Approved recovery program" means a
52.27course of instruction offered by a recovery school that provides academic services,
assistance
52.28with recovery, and continuing care to students recovering from substance abuse or
52.29dependency. A recovery program may be offered in a transitional academic setting designed
52.30to meet graduation requirements. A recovery program must be approved by the commissioner
52.31of education. The commissioner may specify the manner and form of the application
for
53.1the approval of a recovery school or recovery program.
The commissioner must also approve
53.2any unreimbursed pupil transportation costs incurred by students participating in
an approved
53.3recovery program.
53.4 Subd. 2.
Eligibility. (a) An approved recovery program is eligible for an annual recovery
53.5program grant of up to $125,000 to pay for a portion of the costs
of under this section for
53.6recovery program support staff
under this section and approved pupil transportation expenses.
53.7(b) "Recovery program support staff" means licensed alcohol and chemical dependency
53.8counselors, licensed school counselors, licensed school psychologists, licensed school
53.9nurses, and licensed school social workers.
53.10EFFECTIVE DATE.This section is effective the day following final enactment.
53.11 Sec. 25. Minnesota Statutes 2016, section 124D.98, subdivision 1, is amended to read:
53.12 Subdivision 1.
Literacy incentive aid. (a) A district's literacy incentive aid equals the
53.13sum of the proficiency aid under subdivision 2, and the growth aid under subdivision
3.
53.14(b) For fiscal year 2018 and later, the commissioner must prorate the aid under this
53.15subdivision to ensure that the aid entitlement does not exceed $45,972,000.
53.16EFFECTIVE DATE.This section is effective for revenue in fiscal year 2018 and later.
53.17 Sec. 26.
[124D.99] INNOVATION ZONES.
53.18 Subdivision 1. Establishment; requirements for participation; innovation zone plans.
53.19(a) The innovation zone program is established to improve student and school outcomes
53.20consistent with the world's best workforce requirements under section 120B.11. Innovation
53.21zone partnerships allow school districts and charter schools to research and implement
53.22innovative education programming models designed to better prepare students for the
world
53.23of the 21st century.
53.24(b) One or more school districts or charter schools may join together to form an innovation
53.25zone partnership. The partnership may include other nonschool partners, including
53.26postsecondary institutions, other units of local government, nonprofit organizations,
and
53.27for-profit organizations. An innovation zone plan must be collaboratively developed
in
53.28concert with the school's instructional staff.
53.29(c) An innovation zone partnership must research and implement innovative education
53.30programs and models that are based on proposed hypotheses. An innovation zone plan
may
54.1include an emerging practice not yet supported by peer-reviewed research. Examples
of
54.2innovation zone research may include, but are not limited to:
54.3(1) personalized learning, allowing students to excel at their own pace and according
to
54.4their interests, aspirations, and unique needs;
54.5(2) new approaches to evaluation and assessment, including reducing duplicative
54.6assessments, using fully adaptive on- and off-grade assessments, and using assessments
to
54.7identify early targeted interventions;
54.8(3) the use of competency outcomes rather than seat time and course completion to
fulfill
54.9standards, credits, and other graduation requirements;
54.10(4) multidisciplinary, real-world, inquiry-based, student-directed models designed
to
54.11make learning more engaging and relevant, including documenting and validating learning
54.12that takes place beyond the school day and school walls;
54.13(5) models of instruction designed to close the achievement gap, including new models
54.14for prekindergarten learners, age three to grade 3 models, English as a second language
54.15models, early identification and prevention of mental health issues, and others;
54.16(6) new partnerships between secondary schools and postsecondary institutions,
54.17employers, or career training institutions enabling students to complete industry
certifications,
54.18postsecondary education credits, and other credentials;
54.19(7) new methods of collaborative leadership including the expansion of schools where
54.20teachers have larger professional roles;
54.21(8) new ways to enhance parental and community involvement in learning;
54.22(9) new models of professional development for educators including embedded
54.23professional development; or
54.24(10) new models in other areas such as whole child instruction, social-emotional skill
54.25development, technology-based or blended learning, parent and community involvement,
54.26professional development and mentoring, and models that increase the return on investment.
54.27(d) An innovation zone plan submitted to the commissioner must describe:
54.28(1) how the plan will improve student and school outcomes consistent with the world's
54.29best workforce requirements under section 120B.11;
54.30(2) the role of each partner in the zone;
54.31(3) the research methodology used for each proposed action in the plan;
55.1(4) the exemptions from statutes and rules in subdivision 2 that the innovation zone
55.2partnership will use;
55.3(5) a timeline for implementing the plan; and
55.4(6) how results of the plan will be disseminated.
55.5The governing board for each partner must approve the innovation zone plan. Innovation
55.6zone partnerships may, but are not required to, submit an implementation grant application
55.7with their plan under subdivision 3.
55.8(e) Upon unanimous approval of the initial innovation zone partners and approval of
the
55.9commissioner of education, the innovation zone partnership may extend membership to
55.10other partners. A new partner's membership is effective 30 days after the innovation
zone
55.11partnership notifies the commissioner of the proposed change in membership unless
the
55.12commissioner disapproves the new partner's membership.
55.13(f) Notwithstanding other law to the contrary, a school district or charter school
55.14participating in an innovation zone partnership under this section continues to receive
all
55.15revenue and maintains its taxation authority in the same manner as before its participation
55.16in the innovation zone partnership. The innovation zone school district and charter
school
55.17partners remain organized and governed by their respective school boards with general
55.18powers under chapter 123B or 124E, and remain subject to any employment agreements
55.19under chapters 122A and 179A. School district and charter school employees participating
55.20in an innovation zone partnership remain employees of their respective school district
or
55.21charter school.
55.22 Subd. 2. Exemptions from laws and rules. Notwithstanding any law to the contrary,
55.23an innovation zone partner with an approved plan is exempt from each of the following
55.24state education laws and rules specifically identified in its plan, none of which
may be
55.25construed as exempting an innovation zone partner from the Minnesota Comprehensive
55.26Assessments:
55.27(1) any law or rule a district-created, site-governed school under section 123B.045
is
55.28exempt from;
55.29(2) any statute or rule that the commissioner has granted exemption from to another
55.30district or charter school;
55.31(3) student attendance recording requiring more than one count each day;
56.1(4) high school curricular or graduation requirements that may be met through the
adult
56.2learning programs provided under sections 124D.52, subdivision 9, and 126C.05, subdivision
56.315, paragraph (b), clause (i);
56.4(5) individual course requirements under sections 120B.021 and 120B.024 for Algebra
56.5II for a student if enrolled in a course in applied mathematics, science, technology,
56.6engineering, math, or other learning experience determined by the innovation zone
plan to
56.7be equivalent to Algebra II, and that is aligned with that student's career plans;
56.8(6) online learning program approval under section 124D.095, subdivision 7, if the
56.9school district or charter school offers a course or program online combined with
direct
56.10access to a teacher for a portion of that course or program;
56.11(7) restrictions on extended time revenue under section 126C.10, subdivision 2a, for
a
56.12student who meets the criteria of section 124D.68, subdivision 2;
56.13(8) calendar and credit restrictions under section 120B.024 and related rules if the
student
56.14meets the competencies required for graduation described in the innovation zone plan
and
56.15the student completes either a career certification or one or more years of postsecondary
56.16education; and
56.17(9) any required hours of instruction in any class or subject area, measured by Carnegie
56.18units or otherwise, for a student who is meeting all competencies consistent with
the
56.19graduation standards described in the innovation zone plan.
56.20 Subd. 3. Planning and implementation grants. (a) An innovation zone partnership
56.21may submit an application for approval of the innovation zone plan, a planning grant,
or an
56.22implementation grant.
56.23(b) An innovation zone partnership may submit its plan at any time to the commissioner
56.24in the form and manner specified by the commissioner. The commissioner must approve
56.25or reject the plan after reviewing the recommendation of the Innovation Zone Advisory
56.26Panel. An initial innovation zone plan that has been rejected by the commissioner
may be
56.27resubmitted to the commissioner after the innovation zone partnership has modified
the
56.28plan to meet each individually identified objection.
56.29(c) An application for an innovation zone planning grant may be submitted to the
56.30commissioner at any time in the form and manner specified by the commissioner. The
56.31planning grant application must:
56.32(1) name each member of the partnership;
57.1(2) identify the hypotheses or practices the innovation zone will implement based
upon
57.2the research and methodology design cited in the plan;
57.3(3) describe how teachers and other educational staff from the affected school sites
will
57.4be included in the planning and implementation process;
57.5(4) propose a timeline of activities to develop an implementation plan; and
57.6(5) describe the planning process budget.
57.7In any year in which funds are available, the commissioner must approve or reject
the
57.8planning grant application based on the recommendations of the Innovation Zone Advisory
57.9Panel. A planning grant may be awarded for up to two years.
57.10(d) An application for an implementation grant must be submitted by April 1 of any
year
57.11in the form and manner specified by the commissioner. An application for an implementation
57.12grant must include all of the information included in the planning grant, describe
how the
57.13plan will be implemented, and include a detailed budget. By May 1 of each year, the
57.14commissioner must approve or reject the grant application based on the recommendation
57.15of the Innovation Zone Advisory Panel and the availability of funds. An implementation
57.16grant may be awarded for up to four years and may be renewed. An innovation zone
57.17partnership may apply for an implementation grant without having first applied for
a planning
57.18grant.
57.19 Subd. 4. Innovation Zone Advisory Panel. (a) The commissioner must establish and
57.20convene an Innovation Zone Advisory Panel.
57.21(b) The panel must be composed of 14 members. One member must be appointed by
57.22each of the following organizations: Education Minnesota, Minnesota Association of
57.23Secondary School Principals, Minnesota Elementary School Principals' Association,
57.24Minnesota Association of School Administrators, Minnesota School Boards Association,
57.25Minnesota Association of Charter Schools, Center for Applied Research and Educational
57.26Improvement at the University of Minnesota, and the Office of Higher Education. Six
57.27members must be appointed by the commissioner of education, three of whom must have
57.28expertise in innovation and three must have expertise in evaluation and research.
57.29(c) The panel must:
57.30(1) review all innovation zone plans submitted for approval; and
57.31(2) recommend planning and implementation grant amounts for each qualifying applicant.
58.1 Subd. 5. Commissioner approval. Upon review of the evidence submitted, the
58.2commissioner may approve an innovation zone plan. Upon recommendation of the Innovation
58.3Zone Advisory Panel, and subject to available appropriations, the commissioner shall
award
58.4planning and implementation grants to qualifying applicants. The commissioner shall
58.5consider geographical distribution when awarding grants. If an innovation zone partnership
58.6fails to implement its innovation zone plan as described in its application and according
to
58.7the stated timeline, upon recommendation of the Innovation Zone Advisory Panel, the
58.8commissioner must alert the partnership members and provide the opportunity to remediate.
58.9If implementation continues to fail, the commissioner must suspend or terminate the
58.10innovation zone plan.
58.11 Subd. 6. Project evaluation, dissemination, and report to legislature. Each innovation
58.12zone partnership must submit project data to the commissioner in the form and manner
58.13provided for in the approved application. At least once every two years, the commissioner
58.14must analyze each innovation zone's progress in realizing the objectives of the innovation
58.15zone partnership's plan. The commissioner must summarize and categorize innovation
zone
58.16plans and submit a report to the education committees of the legislature by February
1 of
58.17each odd-numbered year. The report may include recommendations for improving this
58.18section and describe additional statutes and rules from which innovation zone partnerships
58.19may be exempt.
58.20EFFECTIVE DATE.This section is effective the day following final enactment.
58.21 Sec. 27. Minnesota Statutes 2016, section 124E.03, subdivision 2, is amended to read:
58.22 Subd. 2.
Certain federal, state, and local requirements. (a) A charter school shall
58.23meet all federal, state, and local health and safety requirements applicable to school
districts.
58.24 (b) A school must comply with statewide accountability requirements governing standards
58.25and assessments in chapter 120B.
58.26 (c) A charter school must comply with the Minnesota Public School Fee Law, sections
58.27123B.34
to
123B.39.
58.28 (d) A charter school is a district for the purposes of tort liability under chapter
466.
58.29 (e) A charter school must comply with the Pledge of Allegiance requirement under
58.30section
121A.11, subdivision 3.
58.31 (f) A charter school and charter school board of directors must comply with chapter
181
58.32governing requirements for employment.
59.1 (g) A charter school must comply with continuing truant notification under section
59.2260A.03
.
59.3(h) A charter school must develop and implement a teacher evaluation and peer review
59.4process under section
122A.40, subdivision 8, paragraph (b), clauses (2) to (13)
, and
59.5paragraph (d). The teacher evaluation process in this paragraph does not create any additional
59.6employment rights for teachers.
59.7(i) A charter school must adopt a policy, plan, budget, and process, consistent with
59.8section
120B.11, to review curriculum, instruction, and student achievement and strive for
59.9the world's best workforce.
59.10(j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act,
59.11sections 121A.40 to 121A.56.
59.12 Sec. 28. Minnesota Statutes 2016, section 124E.05, is amended by adding a subdivision
59.13to read:
59.14 Subd. 2a. Role, responsibilities, and requirements of authorizers. (a) The role of an
59.15authorizer is to ensure that the schools it authorizes fulfill the purposes for chartered
public
59.16schools and the agreed-upon terms of the charter contract in order to safeguard quality
59.17educational opportunities for students and maintain public trust and confidence.
59.18(b) An authorizer has the following responsibilities:
59.19(1) to review applications for new schools and grade and site expansions of current
59.20schools and determine whether to approve or deny the applications based on sound criteria
59.21and needs;
59.22(2) to negotiate and execute performance charter contracts with the schools it authorizes;
59.23(3) to conduct ongoing monitoring and oversight of the school's academic, operational,
59.24and financial performance commensurate with the school's circumstances during the
term
59.25of the charter contract; and
59.26(4) to evaluate the academic, operational, and financial performance of the school
as
59.27defined in the charter contract prior to the end of the contract to determine the
renewal status
59.28or termination of the contract.
59.29(c) The commissioner shall not require an authorizer to undertake any role or
59.30responsibility beyond those in statute or the charter contract, or perform any oversight
59.31function which the department exercises in relation to any other public school.
60.1(d) The authorizer shall document in the annual income and expenditure report under
60.2subdivision 8 the training its staff and consultants participated in during the previous
school
60.3year relative to chartering and authorizer role and responsibilities.
60.4(e) The authorizer must participate in annual department-approved training.
60.5 Sec. 29. Minnesota Statutes 2016, section 124E.05, subdivision 4, is amended to read:
60.6 Subd. 4.
Application content. (a) To be approved as an authorizer, an applicant must
60.7include in its application to the commissioner at least the following:
60.8 (1) how the organization carries out its mission by chartering schools;
60.9 (2) a description of the capacity of the organization to serve as an authorizer, including
60.10the positions allocated to authorizing duties, the qualifications for those positions,
the
60.11full-time equivalencies of those positions, and the financial resources available
to fund the
60.12positions;
60.13 (3) the application and review process the authorizer uses to decide whether to grant
60.14charters;
60.15 (4) the type of contract it arranges with the schools it charters to meet the provisions
of
60.16section
124E.10;
60.17 (5) the process for overseeing the school, consistent with clause (4), to ensure that
the
60.18schools chartered comply with applicable law and rules and the contract;
60.19 (6) the criteria and process the authorizer uses to approve applications adding grades
or
60.20sites under section
124E.06, subdivision 5;
and
60.21 (7) the process for renewing or terminating the school's charter based on evidence
60.22showing the academic, organizational, and financial competency of the school, including
60.23its success in increasing student achievement and meeting the goals of the charter
school
60.24agreement
; and.
60.25 (8) an assurance specifying that the organization is committed to serving as an authorizer
60.26for the full five-year term.
60.27(b) Notwithstanding paragraph (a), an authorizer that is a school district may satisfy
the
60.28requirements of paragraph (a), clauses (1) and (2), and any requirement governing
a conflict
60.29of interest between an authorizer and its charter schools or ongoing evaluation or
continuing
60.30education of an administrator or other professional support staff by submitting to
the
60.31commissioner a written promise to comply with the requirements.
61.1 Sec. 30. Minnesota Statutes 2016, section 124E.05, subdivision 7, is amended to read:
61.2 Subd. 7.
Withdrawal. If the governing board of an approved authorizer votes to withdraw
61.3as an approved authorizer for a reason unrelated to any cause under section
124E.10,
61.4subdivision 4
, the authorizer must notify all its chartered schools and the commissioner in
61.5writing by March 1 of its intent to withdraw as an authorizer on June 30 in the next
calendar
61.6year, regardless of when the authorizer's five-year term of approval ends.
Upon notification
61.7of the schools and commissioner, the authorizer must provide a letter to the school
for
61.8distribution to families of students enrolled in the school that explains the decision
to
61.9withdraw as an authorizer and outlines the process the authorizer will undertake to
assist
61.10the school's transfer to another authorizer. The commissioner may approve the transfer of
61.11a charter school to a new authorizer under section
124E.10, subdivision 5 5a.
61.12 Sec. 31. Minnesota Statutes 2016, section 124E.06, subdivision 7, is amended to read:
61.13 Subd. 7.
Merger. (a) Two or more charter schools may merge under chapter 317A. The
61.14effective date of a merger must be July 1. The merged school must continue under the
61.15identity of one of the merging schools. The authorizer and the merged school must
execute
61.16a new charter contract under section
124E.10, subdivision 1, by July 1. The authorizer must
61.17submit to the commissioner a copy of the new signed charter contract within ten business
61.18days of executing the contract.
61.19(b) Each merging school must submit a separate year-end report for the previous fiscal
61.20year for that school only. After the final fiscal year of the premerger schools is
closed out,
61.21each of those schools must transfer the fund balances and debts to the merged school.
61.22(c) For its first year of operation, the merged school is eligible to receive aid
from
61.23programs requiring approved applications equal to the sum of the aid of all of the
merging
61.24schools. For aids based on prior year data, the merged school is eligible to receive
aid for
61.25its first year of operation based on the combined data of all of the merging schools.
61.26(d) A charter school notified that its contract is not being renewed or terminated
under
61.27section 124E.10, subdivision 4, may merge with another school only if the school proposing
61.28to take over the school:
61.29(1) has a compatible academic or learning program;
61.30(2) had, as of June 30 of the previous year, a net positive unreserved general fund
balance
61.31for at least three fiscal years; and
61.32(3) submits a plan for the assimilation of the schools into a merged school that is
approved
61.33by the authorizers of the schools involved in the merger.
62.1After approving the school's plan for the assimilation of the schools into a merged
school,
62.2the authorizer shall submit an affidavit in the form and manner prescribed by the
62.3commissioner at least 60 business days prior to contract nonrenewal or contract termination.
62.4 Sec. 32. Minnesota Statutes 2016, section 124E.07, subdivision 3, is amended to read:
62.5 Subd. 3.
Membership criteria. (a) The ongoing charter school board of directors shall
62.6have at least five nonrelated members and include: (1) at least one licensed teacher
who is
62.7employed as a teacher
at by the school or provides instruction under contract between the
62.8charter school and a cooperative; (2) at least one parent or legal guardian of a student
enrolled
62.9in the charter school who is not an employee of the charter school; and (3) at least
one
62.10interested community member who resides in Minnesota, is not employed by the charter
62.11school, and does not have a child enrolled in the school. The board structure may
include
62.12a majority of teachers under this paragraph or parents or community members, or it
may
62.13have no clear majority. The
chief financial officer and the chief administrator may only
62.14serve as ex-officio nonvoting board members. No charter school employees shall serve
on
62.15the board other than teachers under clause (1). Contractors providing facilities,
goods, or
62.16services to a charter school shall not serve on the board of directors of the charter
school.
62.17 (b) An individual is prohibited from serving as a member of the charter school board
of
62.18directors if: (1) the individual, an immediate family member, or the individual's
partner is
62.19a full or part owner or principal with a for-profit or nonprofit entity or independent
contractor
62.20with whom the charter school contracts, directly or indirectly, for professional services,
62.21goods, or facilities; or (2) an immediate family member is an employee of the school.
An
62.22individual may serve as a member of the board of directors if no conflict of interest
exists
62.23under this paragraph, consistent with this section.
62.24 (c) A violation of paragraph (b) renders a contract voidable at the option of the
62.25commissioner or the charter school board of directors. A member of a charter school
board
62.26of directors who violates paragraph (b) is individually liable to the charter school
for any
62.27damage caused by the violation.
62.28 (d) Any employee, agent, or board member of the authorizer who participates in initially
62.29reviewing, approving, overseeing, evaluating, renewing, or not renewing the charter
school
62.30is ineligible to serve on the board of directors of a school chartered by that authorizer.
63.1 Sec. 33. Minnesota Statutes 2016, section 124E.07, subdivision 4, is amended to read:
63.2 Subd. 4.
Board structure. Board bylaws shall outline the process and procedures for
63.3changing the board's governance structure, consistent with chapter 317A. A board may
63.4change its governance structure only:
63.5 (1) by a majority vote of the board of directors
and;
63.6 (2) by a majority vote of the licensed teachers employed by the school as teachers,
63.7including licensed teachers providing instruction under a contract between the school
and
63.8a cooperative; and
63.9 (2) (3) with the authorizer's approval.
63.10 Any change in board governance structure must conform with the board composition
63.11established under this section.
63.12 Sec. 34. Minnesota Statutes 2016, section 124E.07, subdivision 7, is amended to read:
63.13 Subd. 7.
Training. Every charter school board member
, including voting and nonvoting
63.14ex-officio members, shall attend annual training throughout the member's term. All new
63.15board members shall attend initial training on the board's role and responsibilities,
63.16employment policies and practices, and financial management. A new board member who
63.17does not begin the required initial training within
six three months after being seated and
63.18complete that training within
12 nine months after being seated is automatically ineligible
63.19to continue to serve as a board member. The school shall include in its annual report
the
63.20training each board member attended during the previous year.
63.21 Sec. 35. Minnesota Statutes 2016, section 124E.10, is amended by adding a subdivision
63.22to read:
63.23 Subd. 5a. School transfer of authorizers. (a) If the authorizer and the charter school
63.24board mutually agree to not renew the contract for a reason unrelated to any cause
under
63.25subdivision 4, the authorizer and charter school must jointly submit to the commissioner
a
63.26written and signed letter of their intent to mutually not renew the contract. The
authorizer
63.27that is a party to the existing contract must inform the proposed authorizer about
the fiscal,
63.28operational, and student performance status of the school, including unmet contract
outcomes
63.29and other contractual obligations. The charter contract between the proposed authorizers
63.30and the school must identify and provide a plan to address any outstanding obligations.
If
63.31the commissioner does not approve the transfer of authorizer, the current authorizer
and the
63.32school may withdraw their letter of nonrenewal and enter into a new contract. If the
64.1commissioner does not approve the transfer and the authorizer and school enter into
a new
64.2contract without withdrawing their letter of nonrenewal, the school must be dissolved
64.3according to applicable law and the terms of the contract.
64.4(b) If, at the end of a contract, a charter school board votes to not renew its contract
with
64.5the authorizer, is not subject to action under an authorizer's established corrective
action or
64.6intervention plan as defined in their current contract, and is not subject to action
of the
64.7authorizer under subdivision 4, the charter school board must notify the authorizer
and
64.8commissioner that it does not plan to renew the relationship with the authorizer.
The
64.9authorizer that is party to the existing contract must inform the proposed authorizer
about
64.10the fiscal, operational, and student performance status of the school. The charter
contract
64.11between the proposed authorizer and the school must identify and provide a plan to
address
64.12any performance issues identified by the current authorizer. If the commissioner does
not
64.13approve the transfer of authorizers and the current authorizer and school do not enter
into
64.14a new contract, the school must be dissolved according to applicable law and the terms
of
64.15the contract.
64.16(c) If the governing board of an approved authorizer votes to withdraw as an authorizer
64.17under section 124E.05, subdivision 7, the proposed authorizer may submit a transfer
request
64.18to the commissioner at any time after the withdrawing authorizer has given proper
notice
64.19to the commissioner and the schools it authorizes. The authorizer and school board
of
64.20directors must, in a joint letter, notify families of students enrolled in the school
of the date
64.21of the withdrawal, and outline the process to change authorizers, and the possible
outcomes
64.22of that process. The commissioner shall have 20 business days to review the transfer
request
64.23and notify the proposed authorizer and the school of the commissioner's decision.
The
64.24proposed authorizer and the school have 15 business days to address any issues identified
64.25by the commissioner's review. The commissioner shall have 20 business days after the
64.26proposed authorizer and the school address any issues identified by the commissioner's
64.27initial review to make a final determination.
64.28(d) If the commissioner withdraws the authority of the authorizer to authorize schools
64.29under section 124E.05, subdivision 6, the commissioner shall develop a transfer of
authorizer
64.30plan with the authorizer, the charter school, and the proposed authorizer. This paragraph
64.31applies to schools not subject to nonrenewal for any cause under subdivision 4.
64.32(e) Transfer requests with the proposed contracts under paragraphs (a) and (b) shall
be
64.33submitted to the commissioner at least 105 business days before the end of an existing
64.34contract. The commissioner shall have 30 business days to review the transfer request
and
64.35notify the proposed authorizer and the school of the commissioner's decision. The
proposed
65.1authorizer and the school shall have 15 business days to address any issues identified
by
65.2the commissioner's review. The commissioner shall make a final determination of the
transfer
65.3request not later than 45 business days before the end of the current contract.
65.4 Sec. 36. Minnesota Statutes 2016, section 124E.11, is amended to read:
65.5124E.11 ADMISSION REQUIREMENTS AND ENROLLMENT.
65.6 (a) A charter school
, including its free preschool or prekindergarten program established
65.7under section 124E.06, subdivision 3, paragraph (b), may limit admission to:
65.8 (1) pupils within an age group or grade level;
65.9 (2) pupils who are eligible to participate in the graduation incentives program under
65.10section
124D.68; or
65.11 (3) residents of a specific geographic area in which the school is located when the
65.12majority of students served by the school are members of underserved populations.
65.13 (b) A charter school
, including its free preschool or prekindergarten program established
65.14under section 124E.06, subdivision 3, paragraph (b), shall enroll an eligible pupil who
65.15submits a timely application, unless the number of applications exceeds the capacity
of a
65.16program, class, grade level, or building. In this case, pupils must be accepted by
lot. The
65.17charter school must develop and publish, including on its Web site, a lottery policy
and
65.18process that it must use when accepting pupils by lot.
65.19 (c) A charter school shall give enrollment preference to a sibling of an enrolled
pupil
65.20and to a foster child of that pupil's parents and may give preference for enrolling
children
65.21of the school's staff before accepting other pupils by lot. A charter school that
is located in
65.22Duluth township in St. Louis County and admits students in kindergarten through grade
6
65.23must give enrollment preference to students residing within a five-mile radius of
the school
65.24and to the siblings of enrolled children. A charter school may give enrollment preference
65.25to children currently enrolled in the school's free preschool or prekindergarten program
65.26under section
124E.06, subdivision 3, paragraph (a), who are eligible to enroll in kindergarten
65.27in the next school year.
65.28 (d) A person shall not be admitted to a charter school (1) as a kindergarten pupil,
unless
65.29the pupil is at least five years of age on September 1 of the calendar year in which
the school
65.30year for which the pupil seeks admission commences; or (2) as a first grade student,
unless
65.31the pupil is at least six years of age on September 1 of the calendar year in which
the school
65.32year for which the pupil seeks admission commences or has completed kindergarten;
except
65.33that a charter school may establish and publish on its Web site a policy for admission
of
66.1selected pupils at an earlier age, consistent with the enrollment process in paragraphs
(b)
66.2and (c).
66.3 (e) Except as permitted in paragraph (d), a charter school
, including its free preschool
66.4or prekindergarten program established under section 124E.06, subdivision 3, paragraph
66.5(b), may not limit admission to pupils on the basis of intellectual ability, measures
of
66.6achievement or aptitude, or athletic ability and may not establish any criteria or
requirements
66.7for admission that are inconsistent with this section.
66.8 (f) The charter school
or any agent of the school shall not distribute any services
or,
66.9goods
, payments, or other incentives of value to students, parents, or guardians as an
66.10inducement, term, or condition of enrolling a student in a charter school.
66.11 (g) Once a student is enrolled in the school, the student is considered enrolled in
the
66.12school until the
student formally withdraws school receives a request for the transfer of
66.13educational records from another school or a written election by the parent or guardian
of
66.14the student withdrawing the student, or
the student is expelled under the Pupil Fair Dismissal
66.15Act in sections
121A.40 to
121A.56.
A charter school is subject to and must comply with
66.16the Pupil Fair Dismissal Act, sections
121A.40 to
121A.56.
66.17(h) A charter school with at least 90 percent of enrolled students who are eligible
for
66.18special education services and have a primary disability of deaf or hard-of-hearing
may
66.19enroll prekindergarten pupils with a disability under section
126C.05, subdivision 1,
66.20paragraph (a), and must comply with the federal Individuals with Disabilities Education
66.21Act under Code of Federal Regulations, title 34, section 300.324, subsection (2),
clause
66.22(iv).
66.23 Sec. 37. Minnesota Statutes 2016, section 124E.17, subdivision 1, is amended to read:
66.24 Subdivision 1.
Charter school information. (a) Charter schools must disseminate
66.25information about how to use the charter school offerings to targeted groups, among
others.
66.26Targeted groups include low-income families and communities, students of color, and
66.27students who are at risk of academic failure.
66.28 (b) Authorizers and the commissioner must disseminate information to the public on
66.29how to form and operate a charter school. Authorizers, operators, and the commissioner
66.30also may disseminate information to interested stakeholders about the successful best
66.31practices in teaching and learning demonstrated by charter schools.
66.32 (c) A charter school must document its dissemination efforts in its annual report.
67.1 Sec. 38. Minnesota Statutes 2016, section 124E.22, is amended to read:
67.2124E.22 BUILDING LEASE AID.
67.3(a) When a charter school finds it economically advantageous to rent or lease a building
67.4or land for any instructional purpose and it determines that the total operating capital
revenue
67.5under section
126C.10, subdivision 13, is insufficient for this purpose, it may apply to the
67.6commissioner for building lease aid. The commissioner must review and either approve
or
67.7deny a lease aid application using the following criteria:
67.8(1) the reasonableness of the price based on current market values;
67.9(2) the extent to which the lease conforms to applicable state laws and rules; and
67.10(3) the appropriateness of the proposed lease in the context of the space needs and
67.11financial circumstances of the charter school. The commissioner must approve aid only
for
67.12a facility lease that has (i) a sum certain annual cost and (ii) a closure clause
to relieve the
67.13charter school of its lease obligations at the time the charter contract is terminated
or not
67.14renewed. The closure clause under item (ii) must not be constructed or construed to
relieve
67.15the charter school of its lease obligations in effect before the charter contract
is terminated
67.16or not renewed.
67.17 (b) A charter school must not use the building lease aid it receives for custodial,
67.18maintenance service, utility, or other operating costs.
67.19 (c) The amount of annual building lease aid for a charter school shall not exceed
the
67.20lesser of (1) 90 percent of the approved cost or (2) the product of the
charter school building
67.21lease aid pupil units served for the current school year times $1,314.
67.22(d) A charter school's building lease aid pupil units equals the sum of the charter
school
67.23pupil units under section 126C.05 and the pupil units for the portion of the day that
the
67.24charter school's enrolled students are participating in the Postsecondary Enrollment
Options
67.25Act under section 124D.09 and not otherwise included in the pupil count under section
67.26126C.05.
67.27EFFECTIVE DATE.This section is effective for fiscal year 2018 and later.
67.28 Sec. 39. Minnesota Statutes 2016, section 125A.56, subdivision 1, is amended to read:
67.29 Subdivision 1.
Requirement. (a) Before a pupil is referred for a special education
67.30evaluation, the district must conduct and document at least two instructional strategies,
67.31alternatives, or interventions using a system of scientific, research-based instruction
and
67.32intervention in academics or behavior, based on the pupil's needs, while the pupil
is in the
68.1regular classroom. The pupil's teacher must document the results. A special education
68.2evaluation team may waive this requirement when it determines the pupil's need for
the
68.3evaluation is urgent. This section may not be used to deny a pupil's right to a special
68.4education evaluation.
68.5 (b) A school district shall use alternative intervention services, including the assurance
68.6of mastery program under section
124D.66, or an early intervening services program under
68.7subdivision 2 to serve at-risk pupils who demonstrate a need for alternative instructional
68.8strategies or interventions.
68.9(c) A student identified as being unable to read at grade level under section
120B.12,
68.10subdivision 2, paragraph (a), must be provided with alternate instruction under this
68.11subdivision
that is multisensory, systematic, sequential, cumulative, and explicit.
68.12 Sec. 40. Laws 2016, chapter 189, article 25, section 62, subdivision 7, is amended to read:
68.13 Subd. 7.
Education Innovation Partners Cooperative Center. For a matching grant
68.14to Education Innovation Partners Cooperative Center, No. 6091-50, to provide research-based
68.15professional development services, on-site training, and leadership coaching to teachers
68.16and other school staff:
68.17
|
|
$
|
500,000
|
.....
|
2017
|
68.18A grant under this subdivision must be matched with money or in-kind contributions
68.19from nonstate sources. This is a onetime appropriation.
This appropriation is available until
68.20June 30, 2019.
68.21EFFECTIVE DATE.This section is effective the day following final enactment.
68.22 Sec. 41.
AGRICULTURAL EDUCATOR GRANTS.
68.23 Subdivision 1. Grant program established. A grant program is established to support
68.24school districts in paying agricultural education teachers for work over the summer
with
68.25high school students in extended programs.
68.26 Subd. 2. Application. The commissioner of education shall develop the form and method
68.27for applying for the grants. The commissioner shall develop criteria for determining
the
68.28allocation of the grants, including appropriate goals for the use of the grants.
68.29 Subd. 3. Grant awards. Grant funding under this section must be matched by funding
68.30from the school district for the agricultural education teacher's summer employment.
Grant
68.31funding for each teacher is limited to the one-half share of 40 working days.
69.1 Subd. 4. Reports. School districts that receive grant funds shall report to the
69.2commissioner of education no later than December 31 of each year regarding the number
69.3of teachers funded by the grant program and the outcomes compared to the goals established
69.4in the grant application. The Department of Education shall develop the criteria necessary
69.5for the reports.
69.6 Sec. 42.
COMMISSIONER OF EDUCATION MUST SUBMIT ESSA PLAN TO
69.7LEGISLATURE.
69.8The commissioner of education must submit the state plan developed pursuant to the
69.9Elementary and Secondary Education Act of 1965, as amended by the Every Student
69.10Succeeds Act, United States Code, title 20, section 6311, to the education policy
and finance
69.11committees of the legislature before submitting the plan to the United States Department
69.12of Education. The commissioner of education must not implement the state plan until
the
69.13legislature has approved it.
69.14EFFECTIVE DATE.This section is effective the day following final enactment.
69.15 Sec. 43.
EDUCATIONAL STABILITY FOR STUDENTS IN FOSTER CARE.
69.16 Subdivision 1. Establishment. A pilot project is established to provide incentives for
69.17school districts and county governments to develop partnership agreements and implement
69.18transportation plans to help keep foster care students enrolled in their school of
origin when
69.19a student is placed in a foster care setting outside the school of origin's boundaries.
69.20 Subd. 2. Qualifying plans. A school district must submit an application in the form and
69.21manner prescribed by the commissioner of education to participate in the program.
To
69.22qualify for participation, one or more school districts and the local child welfare
agency
69.23must have a written interagency agreement that describes the local plan for ensuring
69.24educational stability for foster care students. The parties to the agreement must
seek title
69.25IV-E reimbursement for eligible students and eligible transportation costs. The plan
must
69.26describe:
69.27(1) how transportation services will be arranged and provided; and
69.28(2) how local transportation costs will be paid for if pilot project funds are insufficient
69.29to cover all costs.
69.30 Subd. 3. Pilot project; funding. The commissioner must reimburse partnerships with
69.31qualifying plans under subdivision 2 at the end of the school year based on allowable
69.32expenditures and reimbursements and compliance with other reporting requirements.
If the
70.1available appropriation is insufficient to fully fund all qualifying plans, the commissioner
70.2may prorate the available funds statewide among all school districts with qualifying
plans.
70.3 Subd. 4. Report. By February 1, 2018, the commissioner of education shall report on
70.4the pilot project to the legislative committees with jurisdiction over early childhood
through
70.5grade 12 education. The report must include, at a minimum, the number of local agreements
70.6entered into for this project along with the number of school districts and counties
70.7participating in the agreements, baseline data showing the number of foster care students
70.8who were able to remain in their school of origin and the changes in the ratio over
the time
70.9of the pilot project, data on expenditures for school stability transportation and
federal
70.10reimbursements received for the pilot project with a midyear projection of end-of-year
costs
70.11and revenues, and projected costs for statewide implementation of the program.
70.12 Sec. 44.
FEDERAL EVERY STUDENT SUCCEEDS ACT FUNDING FOR
70.13SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH (STEM) ACTIVITIES.
70.14School districts are encouraged to use the funding provided for activities to support
the
70.15effective use of technology under Title IV, Part A, of the federal Every Student Succeeds
70.16Act for:
70.17(1) mentor-led, hands-on STEM education and engagement with materials that support
70.18inquiry-based and active learning;
70.19(2) student participation in STEM competitions, including robotics competitions; and
70.20(3) mentor-led, classroom-based, after-school activities with informal STEM instruction
70.21and education.
70.22EFFECTIVE DATE.This section is effective July 1, 2017.
70.23 Sec. 45.
RURAL CAREER AND TECHNICAL EDUCATION CONSORTIUM
70.24GRANTS.
70.25 Subdivision 1. Definition. "Rural career and technical education (CTE) consortium"
70.26means a voluntary collaboration of a service cooperative and other regional public
and
70.27private partners, including school districts and higher education institutions, that
work
70.28together to provide career and technical education opportunities within the service
70.29cooperative's multicounty service area.
70.30 Subd. 2. Establishment. (a) A rural CTE consortium shall:
71.1(1) focus on the development of courses and programs that encourage collaboration
71.2between two or more school districts;
71.3(2) develop new career and technical programs that focus on the industry sectors that
71.4fuel the rural regional economy;
71.5(3) facilitate the development of highly trained and knowledgeable students who are
71.6equipped with technical and workplace skills needed by regional employers;
71.7(4) improve access to career and technical education programs for students who attend
71.8sparsely populated rural school districts by developing public and private partnerships
with
71.9business and industry leaders and by increasing coordination of high school and
71.10postsecondary program options;
71.11(5) increase family and student awareness of the availability and benefit of career
and
71.12technical education courses and training opportunities; and
71.13(6) provide capital start-up costs for items including but not limited to a mobile
welding
71.14lab, medical equipment and lab, and industrial kitchen equipment.
71.15(b) In addition to the requirements in paragraph (a), a rural CTE consortium may:
71.16(1) address the teacher shortage crisis in career and technical education through
incentive
71.17funding and training programs; and
71.18(2) provide transportation reimbursement grants to provide equitable opportunities
71.19throughout the region for students to participate in career and technical education.
71.20 Subd. 3. Rural career and technical education advisory committee. In order to be
71.21eligible for a grant under this section, a service cooperative must establish a rural
career
71.22and technical education advisory committee to advise the cooperative on the administration
71.23of the rural CTE consortium.
71.24 Subd. 4. Private funding. A rural CTE consortium may receive other sources of funds
71.25to supplement state funding. All funds received shall be administered by the service
71.26cooperative that is a member of the consortium.
71.27 Subd. 5. Reporting requirements. A rural CTE consortium must submit an annual
71.28report on the progress of its activities to the commissioner of education and the
legislative
71.29committees with jurisdiction over secondary and postsecondary education. The annual
report
71.30must contain a financial report for the preceding fiscal year. The first report is
due no later
71.31than January 15, 2019.
72.1 Sec. 46.
APPROPRIATIONS.
72.2 Subdivision 1. Department of Education. The sums indicated in this section are
72.3appropriated from the general fund to the Department of Education for the fiscal years
72.4designated.
72.5 Subd. 2. Achievement and integration aid. For achievement and integration aid under
72.6Minnesota Statutes, section 124D.862:
72.7
|
|
$
|
71,249,000
|
.....
|
2018
|
72.8
|
|
$
|
73,267,000
|
.....
|
2019
|
72.9The 2018 appropriation includes $6,725,000 for 2017 and $64,524,000 for 2018.
72.10The 2019 appropriation includes $7,169,000 for 2018 and $66,098,000 for 2019.
72.11 Subd. 3. Literacy incentive aid. For literacy incentive aid under Minnesota Statutes,
72.12section 124D.98:
72.13
|
|
$
|
45,972,000
|
.....
|
2018
|
72.14
|
|
$
|
45,972,000
|
.....
|
2019
|
72.15The 2018 appropriation includes $4,597,000 for 2017 and $41,375,000 for 2018.
72.16The 2019 appropriation includes $4,597,000 for 2018 and $41,375,000 for 2019.
72.17 Subd. 4. Interdistrict desegregation or integration transportation grants. For
72.18interdistrict desegregation or integration transportation grants under Minnesota Statutes,
72.19section 124D.87:
72.20
|
|
$
|
13,337,000
|
.....
|
2018
|
72.21
|
|
$
|
14,075,000
|
.....
|
2019
|
72.22 Subd. 5. Tribal contract schools. For tribal contract school aid under Minnesota Statutes,
72.23section 124D.83:
72.24
|
|
$
|
1,983,000
|
.....
|
2018
|
72.25
|
|
$
|
1,930,000
|
.....
|
2019
|
72.26The 2018 appropriation includes $323,000 for 2017 and $1,660,000 for 2018.
72.27The 2019 appropriation includes $184,000 for 2018 and $1,746,000 for 2019.
72.28 Subd. 6. American Indian education aid. For American Indian education aid under
72.29Minnesota Statutes, section 124D.81, subdivision 2a:
72.30
|
|
$
|
9,244,000
|
.....
|
2018
|
72.31
|
|
$
|
9,464,000
|
.....
|
2019
|
73.1The 2018 appropriation includes $886,000 for 2017 and $8,358,000 for 2018.
73.2The 2019 appropriation includes $928,000 for 2018 and $8,536,000 for 2019.
73.3 Subd. 7. Reading corps. For grants to ServeMinnesota for the Minnesota reading corps
73.4under Minnesota Statutes, section 124D.42, subdivision 8:
73.5
|
|
$
|
8,625,000
|
.....
|
2018
|
73.6
|
|
$
|
8,625,000
|
.....
|
2019
|
73.7Any balance in the first year does not cancel but is available in the second year.
The
73.8base for fiscal year 2020 is $11,925,000
73.9 Subd. 8. Concurrent enrollment program. For concurrent enrollment programs under
73.10Minnesota Statutes, section 124D.091:
73.11
|
|
$
|
4,000,000
|
.....
|
2018
|
73.12
|
|
$
|
4,000,000
|
.....
|
2019
|
73.13If the appropriation is insufficient, the commissioner must proportionately reduce
the
73.14aid payment to each district.
73.15Any balance in the first year does not cancel but is available in the second year.
73.16 Subd. 9. Expanded concurrent enrollment grants. For grants to institutions offering
73.17"introduction to teaching" or "introduction to education" college in the schools courses
73.18under Minnesota Statutes, section 124D.09, subdivision 10, paragraph (b):
73.19
|
|
$
|
375,000
|
.....
|
2018
|
73.20
|
|
$
|
375,000
|
.....
|
2019
|
73.21The department may retain up to five percent of the appropriation amount to monitor
73.22and administer the grant program.
73.23 Subd. 10. ServeMinnesota program. For funding ServeMinnesota programs under
73.24Minnesota Statutes, sections 124D.37 to 124D.45:
73.25
|
|
$
|
900,000
|
.....
|
2018
|
73.26
|
|
$
|
900,000
|
.....
|
2019
|
73.27A grantee organization may provide health and child care coverage to the dependents
73.28of each participant enrolled in a full-time ServeMinnesota program to the extent such
73.29coverage is not otherwise available.
73.30 Subd. 11. Student organizations. For student organizations:
73.31
|
|
$
|
725,000
|
.....
|
2018
|
73.32
|
|
$
|
725,000
|
.....
|
2019
|
74.1(a) $46,000 each year is for student organizations serving health occupations (HOSA).
74.2(b) $100,000 each year is for student organizations serving trade and industry occupations
74.3(Skills USA, secondary and postsecondary).
74.4(c) $95,000 each year is for student organizations serving business occupations (BPA,
74.5secondary and postsecondary).
74.6(d) $193,000 each year is for student organizations serving agriculture occupations
(FFA,
74.7PAS).
74.8(e) $142,000 each year is for student organizations serving family and consumer science
74.9occupations (FCCLA). Notwithstanding Minnesota Rules, part 3505.1000, subparts 28
and
74.1031, the student organizations serving FCCLA shall continue to serve students younger
than
74.11grade 9.
74.12(f) $109,000 each year is for student organizations serving marketing occupations
(DECA
74.13and DECA collegiate).
74.14(g) $40,000 each year is for the Minnesota Foundation for Student Organizations.
74.15Any balance in the first year does not cancel but is available in the second year.
74.16 Subd. 12. Museums and education centers. For grants to museums and education
74.17centers:
74.18
|
|
$
|
535,000
|
.....
|
2018
|
74.19
|
|
$
|
460,000
|
.....
|
2019
|
74.20(a) $319,000 each year is for the Minnesota Children's Museum. Of the amount in this
74.21paragraph, $50,000 in each year is for the Minnesota Children's Museum, Rochester.
74.22(b) $50,000 each year is for the Duluth Children's Museum.
74.23(c) $41,000 each year is for the Minnesota Academy of Science.
74.24(d) $50,000 each year is for the Headwaters Science Center.
74.25(e) $75,000 in fiscal year 2018 only is for the Works Museum.
74.26Any balance in the first year does not cancel but is available in the second year.
74.27 Subd. 13. Starbase MN. For a grant to Starbase MN for rigorous science, technology,
74.28engineering, and math (STEM) program providing students in grades 4 to 6 with a
74.29multisensory learning experience and a hands-on curriculum in an aerospace environment
74.30using state-of-the-art technology:
74.31
|
|
$
|
1,398,000
|
.....
|
2018
|
75.1
|
|
$
|
500,000
|
.....
|
2019
|
75.2Any balance in the first year does not cancel but is available in the second year.
The
75.3base appropriation for fiscal year 2020 is $500,000.
75.4All unspent funds, estimated at $898,000 from the Starbase MN appropriation under
Laws
75.52015, First Special Session chapter 3, article 2, section 70, subdivision 17, are
canceled to
75.6the general fund on June 30, 2017.
75.7 Subd. 14. Recovery program grants. For recovery program grants under Minnesota
75.8Statutes, section 124D.695:
75.9
|
|
$
|
750,000
|
.....
|
2018
|
75.10
|
|
$
|
750,000
|
.....
|
2019
|
75.11Any balance in the first year does not cancel but is available in the second year.
75.12 Subd. 15. Minnesota math corps program. For the Minnesota math corps program
75.13under Minnesota Statutes, section 124D.42, subdivision 9:
75.14
|
|
$
|
550,000
|
.....
|
2018
|
75.15
|
|
$
|
550,000
|
.....
|
2019
|
75.16Any balance in the first year does not cancel but is available in the second year.
The
75.17base in fiscal year 2020 is $2,000,000.
75.18 Subd. 16. Civic education grants. For grants to the Minnesota Civic Education Coalition,
75.19Minnesota Civic Youth, Learning Law and Democracy Foundation, and YMCA Youth in
75.20Government to provide civic education programs for Minnesota youth age 18 and younger.
75.21Civic education is the study of constitutional principles and the democratic foundation
of
75.22our national, state, and local institutions, and the study of political processes
and structures
75.23of government, grounded in the understanding of constitutional government under the
rule
75.24of law.
75.25
|
|
$
|
125,000
|
.....
|
2018
|
75.26
|
|
$
|
125,000
|
.....
|
2019
|
75.27 Any balance in the first year does not cancel but is available in the second year.
75.28 Subd. 17. Minnesota Principals Academy. For a grant to the University of Minnesota
75.29College of Education and Human Development, for the operation of the Minnesota Principals
75.30Academy:
75.31
|
|
$
|
200,000
|
.....
|
2018
|
75.32
|
|
$
|
200,000
|
.....
|
2019
|
76.1Any balance in the first year does not cancel but is available in the second year.
76.2 Subd. 18. Educational stability for students living in foster care. For a pilot project
76.3to promote educational stability for students living in foster care:
76.4
|
|
$
|
1,000,000
|
.....
|
2018
|
76.5Up to five percent of the appropriation may be used for state and local administrative
76.6costs such as reporting, technical support, and establishing a title IV-E reimbursement
76.7claiming process. This is a onetime appropriation. This appropriation is available
until June
76.830, 2019.
76.9 Subd. 19. Charter school building lease aid. For building lease aid under Minnesota
76.10Statutes, section 124E.22:
76.11
|
|
$
|
73,341,000
|
.....
|
2018
|
76.12
|
|
$
|
78,802,000
|
.....
|
2019
|
76.13The 2018 appropriation includes $6,850,000 for 2017 and $66,491,000 for 2018.
76.14The 2019 appropriation includes $7,387,000 for 2018 and $71,415,000 for 2019.
76.15 Subd. 20. Race 2 Reduce. (a) For grants to support expanded Race 2 Reduce water
76.16conservation programming in Minnesota schools:
76.17
|
|
$
|
307,000
|
.....
|
2018
|
76.18
|
|
$
|
307,000
|
.....
|
2019
|
76.19(b) In the first year, $143,000 is for H2O for Life; $98,000 is for Independent School
76.20District No. 624, White Bear Lake; and $66,000 is for Independent School District
No. 832,
76.21Mahtomedi.
76.22(c) Any balance in the first year does not cancel but is available in the second year.
The
76.23base appropriation for fiscal year 2020 is zero.
76.24 Subd. 21. Paraprofessional pathway to teacher licensure. (a) For grants to school
76.25districts for Grow Your Own new teacher programs:
76.26
|
|
$
|
1,375,000
|
.....
|
2018
|
76.27
|
|
$
|
1,375,000
|
.....
|
2019
|
76.28(b) The grants are for school districts where more than 25 percent of students are
students
76.29of color or are American Indian to provide financial assistance, mentoring, and experiences
76.30to enable persons who are of color or who are American Indian and working or living
in
76.31the local community to become teachers. Districts or schools providing financial support
77.1may require a commitment as determined by the district to teach in the district or
school
77.2for a reasonable amount of time that does not exceed five years. Grants may be used
for:
77.3(1) tuition scholarships or stipends to eligible teaching assistants or other nonlicensed
77.4employees who are of color or who are American Indian participating in a Board of
Teaching
77.5approved program under Minnesota Statutes, section 122A.09, subdivision 10, paragraph
77.6(a);
77.7(2) a nonconventional teacher residency pilot program established under Minnesota
77.8Statutes, section 122A.09, subdivision 10, paragraph (a). The program shall provide
tuition
77.9scholarships or stipends to enable education or teaching assistants or other nonlicensed
77.10employees of a first class city school district who hold a bachelor's degree from
an accredited
77.11college or university and who seek an education license to participate in a Board
of
77.12Teaching-approved nonconventional teacher residency program under Minnesota Statutes,
77.13section 122A.09, subdivision 10, paragraph (a). Any funds not awarded by June 1, 2019,
77.14may be reallocated among the remaining districts if the total cost of the program
exceeds
77.15the original allocation; or
77.16(3) supporting the development of residency programs at any school or district in
the
77.17state where at least 25 percent of students are students of color or are American
Indian for
77.18prospective teachers of color or who are American Indian who seek an education license
77.19to participate in a Board of Teaching-approved program under Minnesota Statutes, section
77.20122A.09, subdivision 10, paragraph (a).
77.21(c) School districts and charter schools may also apply for grants to develop innovative
77.22expanded Grow Your Own programs that encourage secondary school students to pursue
77.23teaching, including:
77.24(1) developing and supporting future teacher clubs focused on encouraging middle and
77.25high school students who are of color or who are American Indian to have experiential
77.26learning, support the success of younger students, and pursue a teaching career; and
77.27(2) developing and offering dual-credit postsecondary course options in schools for
77.28"Introduction to Teaching" or "Introduction to Education" courses consistent with
Minnesota
77.29Statutes, section 124D.09, subdivision 10.
77.30(d) Programs must annually report to the commissioner by the date determined by the
77.31commissioner on their activities under this section, including the number of participants,
77.32the percentage of participants who are of color or who are American Indian, and an
77.33assessment of program effectiveness, including participant feedback, areas for improvement,
78.1the percentage of participants continuing to pursue teacher licensure, and the number
of
78.2participants hired in the school or district as teachers after completing preparation
programs.
78.3(e) The department may retain up to five percent of the appropriation amount to monitor
78.4and administer the grant program.
78.5(f) Any balance in the first year does not cancel but is available in the second year.
78.6 Subd. 22. Statewide testing and reporting system. For the statewide testing and
78.7reporting system under Minnesota Statutes, section 120B.30:
78.8
|
|
$
|
10,892,000
|
.....
|
2018
|
78.9
|
|
$
|
10,892,000
|
.....
|
2019
|
78.10Any balance in the first year does not cancel but is available in the second year.
78.11 Subd. 23. College entrance examination reimbursement. To reimburse districts for
78.12students who qualify under Minnesota Statutes, section 120B.30, subdivision 1, paragraph
78.13(e), for onetime payment of their college entrance examination fee:
78.14
|
|
$
|
1,511,000
|
.....
|
2018
|
78.15
|
|
$
|
1,511,000
|
.....
|
2019
|
78.16The Department of Education must reimburse districts for their onetime payments on
78.17behalf of students. Any balance in the first year does not cancel but is available
in the second
78.18year. This appropriation is available until October 1, 2019.
78.19 Subd. 24. Alternative teacher compensation aid. For alternative teacher compensation
78.20aid under Minnesota Statutes, section 122A.415, subdivision 4:
78.21
|
|
$
|
89,863,000
|
.....
|
2018
|
78.22
|
|
$
|
89,623,000
|
.....
|
2019
|
78.23The 2018 appropriation includes $8,917,000 for 2017 and $80,946,000 for 2018.
78.24The 2019 appropriation includes $8,993,000 for 2018 and $80,630,000 for 2019.
78.25 Subd. 25. Collaborative urban and greater Minnesota educators of color program
78.26grants. (a) For collaborative urban and greater Minnesota educators of color program grants:
78.27
|
|
$
|
1,030,000
|
.....
|
2018
|
78.28
|
|
$
|
1,030,000
|
.....
|
2019
|
78.29(b) For fiscal years 2018, 2019, and 2020, grants shall be awarded in equal amounts:
78.30$206,000 each year is for the Southeast Asian Teacher program at Concordia University,
78.31St. Paul; $206,000 each year is for the Collaborative Urban Educator program at the
78.32University of St. Thomas; $206,000 each year is for the Center for Excellence in
Urban
79.1Teaching at Hamline University; $206,000 each year is for the East Africa Student
to Teacher
79.2program at Augsburg College; and $206,000 each year is for the Urban Teacher program
79.3at Metropolitan State University. Grants may be used to provide financial support
to teacher
79.4candidates completing licensure programs and complement other scholarship and stipend
79.5programs created to address the shortage of teachers in Minnesota who are of color
or who
79.6are American Indian.
79.7(c) Any balance in the first year does not cancel but is available in the second year.
The
79.8department may retain up to five percent of the appropriation in each year to monitor
and
79.9administer the grant program.
79.10(d) By January 15 of each year, each institution shall prepare for the legislature
a detailed
79.11report regarding the funds used to recruit, retain, and induct teacher candidates
who are of
79.12color or who are American Indian. The report must include the total number of teacher
79.13candidates of color, disaggregated by race or ethnic group, who are recruited to the
institution,
79.14are newly admitted to the licensure program, are enrolled in the licensure program,
have
79.15completed student teaching, have graduated, and are licensed and newly employed as
79.16Minnesota teachers in their licensure field. The total number of teacher candidates
who are
79.17of color or who are American Indian at each stage from recruitment to licensed teaching
79.18must be reported as a percentage of total candidates seeking the same licensure at
the
79.19institution. The report must include the graduation rate for each cohort of teacher
candidates,
79.20the placement rate for each graduating cohort of teacher candidates, and the retention
rate
79.21for each graduating cohort of teacher candidates, among other program outcomes.
79.22(e) For fiscal year 2021 and later, grants shall be awarded only to programs that
79.23demonstrate success at recruiting, retaining, and inducting teacher candidates who
are of
79.24color or who are American Indian. As funds are available, the commissioner may award
79.25competitive grants to Minnesota higher education institutions that apply to the commissioner
79.26in the form and manner determined by the commissioner.
79.27 Subd. 26. Examination fees; teacher training and support programs. (a) For students'
79.28advanced placement and international baccalaureate examination fees under Minnesota
79.29Statutes, section
120B.13, subdivision 3, and the training and related costs for teachers and
79.30other interested educators under Minnesota Statutes, section
120B.13, subdivision 1:
79.31
|
|
$
|
4,500,000
|
.....
|
2018
|
79.32
|
|
$
|
4,500,000
|
.....
|
2019
|
79.33(b) The advanced placement program shall receive 75 percent of the appropriation each
79.34year and the international baccalaureate program shall receive 25 percent of the appropriation
80.1each year. The department, in consultation with representatives of the advanced placement
80.2and international baccalaureate programs selected by the Advanced Placement Advisory
80.3Council and International Baccalaureate Minnesota, respectively, shall determine the
amounts
80.4of the expenditures each year for examination fees and training and support programs
for
80.5each program.
80.6(c) Notwithstanding Minnesota Statutes, section
120B.13, subdivision 1, at least $500,000
80.7each year is for teachers to attend subject matter summer training programs and follow-up
80.8support workshops approved by the advanced placement or international baccalaureate
80.9programs. The amount of the subsidy for each teacher attending an advanced placement
or
80.10international baccalaureate summer training program or workshop shall be the same.
The
80.11commissioner shall determine the payment process and the amount of the subsidy.
80.12(d) The commissioner shall pay all examination fees for all students of low-income
80.13families under Minnesota Statutes, section
120B.13, subdivision 3, and to the extent of
80.14available appropriations, shall also pay examination fees for students sitting for
an advanced
80.15placement examination, international baccalaureate examination, or both.
80.16Any balance in the first year does not cancel but is available in the second year.
80.17 Subd. 27. Grants to increase science, technology, engineering, and math course
80.18offerings. For grants to schools to encourage low-income and other underserved students
80.19to participate in advanced placement and international baccalaureate programs according
80.20to Minnesota Statutes, section 120B.132:
80.21
|
|
$
|
750,000
|
.....
|
2018
|
80.22
|
|
$
|
750,000
|
.....
|
2019
|
80.23Any balance in the first year does not cancel but is available in the second year.
The
80.24base for fiscal year 2020 is $815,000.
80.25 Subd. 28. Agricultural educator grants. For agricultural educator grants under section
80.261:
80.27
|
|
$
|
250,000
|
.....
|
2018
|
80.28
|
|
$
|
250,000
|
.....
|
2019
|
80.29Any balance in the first year does not cancel but is available in the second year.
The
80.30base for fiscal year 2020 is $500,000.
80.31 Subd. 29. American Indian teacher preparation grants. For joint grants to assist
80.32American Indian people to become teachers under Minnesota Statutes, section 122A.63:
81.1
|
|
$
|
460,000
|
.....
|
2018
|
81.2
|
|
$
|
460,000
|
.....
|
2019
|
81.3 Subd. 30. African American Registry. (a) For grants to the African American Registry
81.4for the Teacher's Forum:
81.5
|
|
$
|
132,000
|
.....
|
2018
|
81.6
|
|
$
|
132,000
|
.....
|
2019
|
81.7(b) The African American Registry must use the grant funds to establish partnerships
81.8with Metropolitan State University and the University of St. Thomas to improve the
cultural
81.9competency of candidates seeking a first teaching license. By January 15 of each year,
the
81.10African American Registry shall report to the legislature a detailed report regarding
the
81.11funds used. The report must include the number of teachers prepared. The base appropriation
81.12in fiscal year 2020 is $0.
81.13 Subd. 31. Rural career and technical education consortium. (a) For rural career and
81.14technical education consortium grants:
81.15
|
|
$
|
1,500,000
|
.....
|
2018
|
81.16
|
|
$
|
1,500,000
|
.....
|
2019
|
81.17This appropriation is available until June 30, 2022. If the appropriation in the first
year
81.18is insufficient, the 2019 appropriation is available.
81.19(b) For fiscal year 2018 and 2019, the commissioner shall award a two-year grant to
the
81.20consortium that is a collaboration of the Southwest/West Central Service Cooperative
81.21(SWWC), Southwest Minnesota State University, Minnesota West Community and Technical
81.22College, Ridgewater College, and other regional public and private partners. For fiscal
year
81.232020 and 2021, the commissioner shall award a two-year grant to an applicant consortium
81.24that includes the South Central Service Cooperative or Southeast Service Cooperative
and
81.25a two-year grant to an applicant consortium that includes the Northwest Service Cooperative
81.26or Northeast Service Cooperative.
81.27(c) The base appropriation in fiscal year 2020 is $3,000,000.
81.28 Subd. 32. Grants for high school transition teams. For grants to support the planning
81.29and implementation of high school transition teams of teachers, guidance counselors,
and
81.30high school students who assist students in grades 8 and 9 and their families to successfully
81.31navigate the transition to high school:
81.32
|
|
$
|
500,000
|
.....
|
2018
|
82.1This is a onetime appropriation and is available until June 30, 2020. Of the amounts
82.2appropriated, $250,000 is for a grant to Independent School District No. 622, North
St.
82.3Paul-Maplewood-Oakdale, $150,000 is for a grant to Independent School District No.
624,
82.4White Bear Lake, and $100,000 is for a grant to Independent School District No. 832,
82.5Mahtomedi.
82.6 Sec. 47.
REPEALER.
82.7Minnesota Statutes 2016, section 124E.10, subdivision 5, is repealed.
82.10 Section 1. Minnesota Statutes 2016, section 122A.09, is amended by adding a subdivision
82.11to read:
82.12 Subd. 12. Endorsement; dual enrollment instruction. The Board of Teaching must
82.13issue an endorsement for dual enrollment instruction to a high school teacher licensed
in a
82.14content-specific field who successfully completes the requirements for providing dual
82.15enrollment instruction in the teacher's licensure field, consistent with board-adopted
82.16standards. The board must adopt standards for this endorsement in consultation with
eligible
82.17public postsecondary institutions participating in course agreements under section
124D.09,
82.18subdivision 10. The board-adopted standards for the endorsement must allow a secondary
82.19teacher that receives the endorsement to teach a dual credit course offered by any
eligible
82.20postsecondary institution. The endorsement means a change in the teacher's license
that
82.21allows the teacher to teach postsecondary college in the schools dual credit courses
under
82.22section 124D.09, subdivision 10, at a high school.
82.23EFFECTIVE DATE.This section is effective the day following final enactment.
82.24 Sec. 2. Minnesota Statutes 2016, section 122A.17, is amended to read:
82.25122A.17 VALIDITY OF CERTIFICATES OR LICENSES.
82.26(a) A rule adopted by the Board of Teaching
or the Professional Educator Licensing and
82.27Standards Board must not affect the validity of certificates or licenses to teach in effect on
82.28July 1, 1974, or the rights and privileges of the holders thereof, except that any
such
82.29certificate or license may be suspended or revoked for any of the causes and by the
procedures
82.30specified by law.
83.1(b) All teacher licenses in effect on January 1, 2018, shall remain valid for one
additional
83.2year after the date the license is scheduled to expire.
83.3EFFECTIVE DATE.This section is effective January 1, 2018.
83.4 Sec. 3. Minnesota Statutes 2016, section 122A.18, subdivision 1, is amended to read:
83.5 Subdivision 1.
Authority to license. (a) The
Professional Educator Licensing and
83.6Standards Board
of Teaching must
license teachers, as defined in section
122A.15,
83.7subdivision 1
, except for supervisory personnel, as defined in section
122A.15, subdivision
83.82
. issue teacher licenses to candidates who meet the qualifications prescribed by this
chapter.
83.9(b) The Board of School Administrators must license supervisory personnel as defined
83.10in section
122A.15, subdivision 2, except for athletic coaches.
83.11(c) Licenses under the jurisdiction of the Board of Teaching, the Board of School
83.12Administrators, and the commissioner of education must be issued through the licensing
83.13section of the department.
83.14(d) (c) The
Professional Educator Licensing and Standards Board
of Teaching and the
83.15Department of Education must enter into a data sharing agreement to share educational
data
83.16at the E-12 level for the limited purpose of program approval and improvement for
teacher
83.17education programs. The program approval process must include targeted redesign of
teacher
83.18preparation programs to address identified E-12 student areas of concern.
83.19(e) (d) The Board of School Administrators and the Department of Education must enter
83.20into a data sharing agreement to share educational data at the E-12 level for the
limited
83.21purpose of program approval and improvement for education administration programs.
The
83.22program approval process must include targeted redesign of education administration
83.23preparation programs to address identified E-12 student areas of concern.
83.24(f) (e) For purposes of the data sharing agreements under paragraphs
(d) (c) and
(e) (d),
83.25the
Professional Educator Licensing and Standards Board
of Teaching, Board of School
83.26Administrators, and Department of Education may share private data, as defined in
section
83.2713.02, subdivision 12
, on teachers and school administrators. The data sharing agreements
83.28must not include educational data, as defined in section
13.32, subdivision 1, but may include
83.29summary data, as defined in section
13.02, subdivision 19, derived from educational data.
83.30EFFECTIVE DATE.This section is effective January 1, 2018.
84.1 Sec. 4. Minnesota Statutes 2016, section 122A.18, subdivision 2, is amended to read:
84.2 Subd. 2.
Teacher and Support personnel qualifications. (a) The
Professional Educator
84.3Licensing and Standards Board
of Teaching must issue licenses under its jurisdiction to
84.4persons the board finds to be qualified and competent for their respective positions,
including
84.5those meeting the standards adopted under section
122A.09, subdivision 4, paragraph (n).
84.6(b) The board must
require a candidate for teacher licensure to demonstrate establish a
84.7passing score on a board-adopted examination of skills in reading, writing, and mathematics,
84.8before being for a candidate to be granted a
professional five-year Tier 2, 3, or 4 teaching
84.9license
under section 122A.181 to provide direct instruction to pupils in prekindergarten,
84.10elementary, secondary, or special education programs
, except that the board may issue up
84.11to four temporary, one-year teaching licenses to an otherwise qualified candidate
who has
84.12not yet passed a board-adopted skills exam. At the request of the employing school
district
84.13or charter school, the Board of Teaching may issue an initial professional one-year
teaching
84.14license to an otherwise qualified teacher not passing or demonstrating a passing score
on a
84.15board-adopted skills examination in reading, writing, and mathematics. For purposes
of this
84.16section, the initial professional one-year teaching license issued by the board is
limited to
84.17the current subject or content matter the teacher is employed to teach and limited
to the
84.18district or charter school requesting the initial professional one-year teaching license.
If the
84.19board denies the request, it must provide a detailed response to the school administrator
as
84.20to the reasons for the denial. The board must require colleges and universities offering a
84.21board approved teacher preparation program to make available upon request remedial
84.22assistance that includes a formal diagnostic component to persons enrolled in their
institution
84.23who did not achieve a qualifying score on a board-adopted skills examination, including
84.24those for whom English is a second language. The colleges and universities must make
84.25available assistance in the specific academic areas of candidates' deficiency. School
districts
84.26may make available upon request similar, appropriate, and timely remedial assistance
that
84.27includes a formal diagnostic component to those persons employed by the district who
84.28completed their teacher education program, who did not achieve a qualifying score
on a
84.29board-adopted skills examination, and who received an initial professional one-year
teaching
84.30license to teach in Minnesota. The board
of Teaching shall report annually to the education
84.31committees of the legislature on the total number of teacher candidates during the
most
84.32recent school year taking a board-adopted skills examination, the number who achieve
a
84.33qualifying score on the examination, the number who do not achieve a qualifying score
on
84.34the examination, and the candidates who have not passed a content or pedagogy exam,
84.35disaggregated by categories of race, ethnicity, and eligibility for financial aid.
85.1(c)
The Board of Teaching must grant professional five-year teaching licenses only to
85.2those persons who have met board criteria for that license, which includes passing
a
85.3board-adopted skills examination in reading, writing, and mathematics, and the exceptions
85.4in section
122A.09, subdivision 4, paragraph (b), that are consistent with this paragraph.
85.5The requirement to pass a board-adopted reading, writing, and mathematics skills
85.6examination, does not apply to nonnative English speakers, as verified by qualified
Minnesota
85.7school district personnel or Minnesota higher education faculty, who, after meeting
the
85.8content and pedagogy requirements under this subdivision, apply for a
professional five-year
85.9teaching license to provide direct instruction in their native language or world language
85.10instruction under section
120B.022, subdivision 1.
85.11(d) All colleges and universities approved by the board
of teaching to prepare persons
85.12for teacher licensure must include in their teacher preparation programs a common
core of
85.13teaching knowledge and skills to be acquired by all persons recommended for teacher
85.14licensure. Among other requirements, teacher candidates must demonstrate the knowledge
85.15and skills needed to provide appropriate instruction to English learners to support
and
85.16accelerate their academic literacy, including oral academic language, and achievement
in
85.17content areas in a regular classroom setting. This common core shall meet the standards
85.18developed by the interstate new teacher assessment and support consortium in its 1992
85.19"model standards for beginning teacher licensing and development." Amendments to
85.20standards adopted under this paragraph are covered by chapter 14. The board
of teaching
85.21shall report annually to the education committees of the legislature on the performance
of
85.22teacher candidates on common core assessments of knowledge and skills under this paragraph
85.23during the most recent school year.
85.24EFFECTIVE DATE.This section is effective July 1, 2018.
85.25 Sec. 5. Minnesota Statutes 2016, section 122A.18, subdivision 2b, is amended to read:
85.26 Subd. 2b.
Reading specialist. Not later than July 1, 2002, The
Professional Educator
85.27Licensing and Standards Board
of Teaching must adopt rules providing for reading teacher
85.28licensure.
85.29EFFECTIVE DATE.This section is effective July 1, 2018.
85.30 Sec. 6. Minnesota Statutes 2016, section 122A.18, subdivision 3, is amended to read:
85.31 Subd. 3.
Supervisory and coach qualifications; code of ethics. The
commissioner of
85.32education Professional Educator Licensing and Standards Board must issue licenses under
85.33its jurisdiction to persons the
commissioner board finds to be qualified and competent for
86.1their respective positions under the rules it adopts. The
commissioner of education board
86.2may develop, by rule, a code of ethics for supervisory personnel covering standards
of
86.3professional practices, including areas of ethical conduct and professional performance
and
86.4methods of enforcement.
86.5EFFECTIVE DATE.This section is effective July 1, 2018.
86.6 Sec. 7. Minnesota Statutes 2016, section 122A.18, subdivision 3a, is amended to read:
86.7 Subd. 3a.
Technology strategies. All colleges and universities approved by the board
86.8of Teaching to prepare persons for classroom teacher licensure must include in their teacher
86.9preparation programs the knowledge and skills teacher candidates need to deliver digital
86.10and blended learning and curriculum and engage students with technology.
86.11EFFECTIVE DATE.This section is effective January 1, 2018.
86.12 Sec. 8. Minnesota Statutes 2016, section 122A.18, subdivision 7a, is amended to read:
86.13 Subd. 7a.
Permission to substitute teach. (a) The
Professional Educator Licensing and
86.14Standards Board
of Teaching may allow a person who is enrolled in and making satisfactory
86.15progress in a board-approved teacher program and who has successfully completed student
86.16teaching to be employed as a short-call substitute teacher.
86.17(b) The
Professional Educator Licensing and Standards Board
of Teaching may issue a
86.18lifetime qualified short-call
or long-call substitute teaching license to a person who:
86.19(1) was a qualified teacher under section
122A.16 while holding a
professional five-year
86.20Tier 3 or Tier 4 teaching license issued by the board
, under section 122A.181 and receives
86.21a retirement annuity from the Teachers Retirement Association or the St. Paul Teachers
86.22Retirement Fund Association;
86.23(2) holds an out-of-state teaching license and receives a retirement annuity as a
result
86.24of the person's teaching experience; or
86.25(3) held a
professional five-year Tier 3 or Tier 4 teaching license issued by the board,
86.26under section 122A.181, taught at least three school years in an accredited nonpublic school
86.27in Minnesota, and receives a retirement annuity as a result of the person's teaching
experience.
86.28A person holding a lifetime qualified short-call
or long-call substitute teaching license is
86.29not required to complete continuing education clock hours. A person holding this license
86.30may reapply to the board for
either:
87.1 (i) a
professional five-year Tier 3 or Tier 4 teaching license
under section 122A.181,
87.2and must again complete continuing education clock hours one school year after receiving
87.3the
professional five-year Tier 3 or Tier 4 teaching license
; or
87.4 (ii) a Tier 1 license under section 122A.181, provided that the candidate has a bachelor's
87.5degree, an associate's degree, or an appropriate professional credential in the content
area
87.6the candidate will teach.
87.7EFFECTIVE DATE.This section is effective July 1, 2018.
87.8 Sec. 9. Minnesota Statutes 2016, section 122A.18, subdivision 7c, is amended to read:
87.9 Subd. 7c.
Temporary military license. The
Professional Educator Licensing and
87.10Standards Board
of Teaching shall establish a temporary license in accordance with section
87.11197.4552
for teaching. The fee for a temporary license under this subdivision shall be $87.90
87.12for an online application or $86.40 for a paper application.
The board must provide candidates
87.13for a license under this subdivision with information regarding the tiered licensure
system
87.14provided in section 122A.181.
87.15EFFECTIVE DATE.This section is effective July 1, 2018.
87.16 Sec. 10. Minnesota Statutes 2016, section 122A.18, subdivision 8, is amended to read:
87.17 Subd. 8.
Background checks. (a) The
Professional Educator Licensing and Standards
87.18Board
of Teaching and
the commissioner of education the Board of School Administrators
87.19must request a criminal history background check from the superintendent of the Bureau
87.20of Criminal Apprehension on all first-time teaching applicants for licenses under
their
87.21jurisdiction. Applicants must include with their licensure applications:
87.22(1) an executed criminal history consent form, including fingerprints; and
87.23(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
87.24for the fee for conducting the criminal history background check.
87.25(b) The superintendent of the Bureau of Criminal Apprehension shall perform the
87.26background check required under paragraph (a) by retrieving criminal history data
as defined
87.27in section
13.87 and shall also conduct a search of the national criminal records repository.
87.28The superintendent is authorized to exchange fingerprints with the Federal Bureau
of
87.29Investigation for purposes of the criminal history check. The superintendent shall
recover
87.30the cost to the bureau of a background check through the fee charged to the applicant
under
87.31paragraph (a).
88.1(c) The
Professional Educator Licensing and Standards Board
of Teaching or the
88.2commissioner of education Board of School Administrators may issue a license pending
88.3completion of a background check under this subdivision, but must notify the individual
88.4that the individual's license may be revoked based on the result of the background
check.
88.5The individual must notify the school district or charter school that employs the
individual
88.6as a teacher that the individual's license has been revoked.
88.7EFFECTIVE DATE.This section is effective July 1, 2018.
88.8 Sec. 11.
[122A.181] TIERED LICENSURE SYSTEM.
88.9 Subdivision 1. Professional Educator Licensing and Standards Board to issue
88.10licenses. (a) The Professional Educator Licensing and Standards Board must license teachers
88.11as defined in section 122A.15, subdivision 1. The tiered licensure system supersedes
the
88.12licensure system implemented under Minnesota Statutes 2016, section 122A.18, and
88.13Minnesota Rules, part 8710.0300.
88.14(b) The Professional Educator Licensing and Standards Board must issue a license to
88.15candidates who meet the qualifications prescribed by this chapter.
88.16 Subd. 2. Licensure tiers. The Professional Educator Licensing and Standards Board
88.17must issue a license to candidates who meet the qualifications for the appropriate
tier
88.18according to the following table:
88.19
|
License Name
|
Duration
|
Renewal
|
Qualifications
|
88.20
|
Tier 1 license
|
One year
|
Unlimited
|
At least one of the following:
|
88.21
88.22
|
|
|
|
(1) for a license to teach career and technical
education, at least one of the following:
|
88.23
|
|
|
|
(i) an associate's degree in the content area;
|
88.24
|
|
|
|
(ii) professional credential; or
|
88.25
88.26
|
|
|
|
(iii) five years of work experience in the content
area; or
|
88.27
88.28
|
|
|
|
(2) for a license to teach in a content area not
included in clause (1), a baccalaureate degree.
|
88.29
88.30
88.31
88.32
88.33
88.34
88.35
|
|
|
|
A school board must confirm to the Professional
Educator Licensing and Standards Board that
it has attempted but is unable to hire a teacher
with a Tier 2, 3, or 4 license for the position
and that the candidate has the necessary skills
and knowledge to teach in a specified content
area.
|
88.36
88.37
88.38
88.39
|
|
|
|
A candidate meeting the above qualifications
must be granted a Tier 1 license upon the
request of the employing school board or charter
school board.
|
89.1
89.2
89.3
|
|
|
|
Years worked with a Tier 1 license do not count
toward the candidate's continuing contract under
section 122A.40 or 122A.41.
|
89.4
89.5
89.6
|
|
|
|
Must participate in a school district's mentorship
and evaluation program that includes an
individual growth and development plan.
|
89.7
89.8
|
Tier 2 license
|
Two years
|
Up to two
|
Meets Tier 1 qualifications and at least one of
the following:
|
89.9
89.10
89.11
89.12
|
|
|
|
(1) enrolled in and making satisfactory progress
in a Professional Educator Licensing and
Standards Board-approved teacher preparation
program;
|
89.13
89.14
|
|
|
|
(2) passing scores on all required skills, content
area, and pedagogy licensure exams; or
|
89.15
|
|
|
|
(3) master's degree in content area.
|
89.16
89.17
89.18
|
|
|
|
A school board must confirm that the candidate
has the necessary skills and knowledge to teach
in a specified content area.
|
89.19
89.20
89.21
89.22
|
|
|
|
Years worked with a Tier 2 license only count
toward the candidate's continuing contract under
section 122A.40 or 122A.41 if the candidate
subsequently obtains a Tier 3 or Tier 4 license.
|
89.23
89.24
89.25
|
|
|
|
Must participate in a school district's mentorship
and evaluation program that includes an
individual growth and development plan.
|
89.26
89.27
|
Tier 3 license
|
Three years
|
One
|
Meets Tier 1 qualifications and at least one of
the following:
|
89.28
89.29
89.30
|
|
|
|
(1) successful completion of a Professional
Educator Licensing and Standards
Board-approved teacher preparation program;
|
89.31
89.32
89.33
89.34
|
|
|
|
(2) successful completion of an out-of-state
teacher preparation program that includes
field-specific methods training and field-specific
student teaching;
|
89.35
89.36
|
|
|
|
(3) an out-of-state professional teaching license
in good standing;
|
89.37
89.38
|
|
|
|
(4) passing scores on all required skills, content
area, and pedagogy licensure exams; or
|
89.39
89.40
|
|
|
|
(5) National Board for Professional Teaching
Standards certification.
|
89.41
|
|
|
|
And meets at least one of the following criteria:
|
89.42
|
|
|
|
(1) 12 weeks of student teaching experience;
|
89.43
89.44
|
|
|
|
(2) two years of field-specific teaching
experience; or
|
89.45
89.46
89.47
|
|
|
|
(3) completion of a comprehensive teacher
mentoring program offered by a Minnesota
school.
|
90.1
90.2
90.3
|
|
|
|
Must participate in a school district's evaluation
program that includes an individual growth and
development plan.
|
90.4
|
Tier 4 license
|
Five years
|
Unlimited
|
Meets Tier 3 qualifications and the following:
|
90.5
90.6
|
|
|
|
(1) at least three years teaching experience in
any state; and
|
90.7
90.8
|
|
|
|
(2) passing scores on all required skills, content
area, and pedagogy licensure exams.
|
90.9
90.10
90.11
|
|
|
|
Must participate in a school district's evaluation
program that includes an individual growth and
development plan.
|
90.12 Subd. 3. Assessment alternatives. A Tier 3 or Tier 4 teacher licensure candidate that
90.13fails, after two attempts, to obtain a passing score on the board-adopted skills examination
90.14in reading, writing, and mathematics may demonstrate to the board that they have attained
90.15the required skills by either of the following:
90.16(1) completing a portfolio using board-adopted standards; or
90.17(2) teaching for three years in a Minnesota school with at least one summative teacher
90.18evaluation and showing satisfactory evidence of successful teaching according to section
90.19122A.40, subdivision 8, or 122A.41, subdivision 5.
90.20EFFECTIVE DATE.This section is effective July 1, 2018.
90.21 Sec. 12.
[122A.187] EXPIRATION AND RENEWAL.
90.22 Subdivision 1. License form requirements. Each license issued under this chapter must
90.23bear the date of issue and the name of the state-approved teacher training provider
or
90.24alternative teaching program, as applicable. Licenses must expire and be renewed according
90.25to rules adopted by the Professional Educator Licensing and Standards Board or the
Board
90.26of School Administrators. Requirements for renewing a Tier 3 or Tier 4 license must
include
90.27showing satisfactory evidence of successful teaching or administrative experience
for at
90.28least one school year during the period covered by the license in grades or subjects
for which
90.29the license is valid or completing such additional preparation as required under this
section,
90.30or as the Professional Educator Licensing and Standards Board prescribes. The Board
of
90.31School Administrators shall establish requirements for renewing the licenses of supervisory
90.32personnel except athletic coaches. The Professional Educator Licensing and Standards
Board
90.33shall establish requirements for renewing the licenses of athletic coaches.
90.34 Subd. 2. Professional growth. (a) Applicants for license renewal for a Tier 3 or Tier 4
90.35license who have been employed as a teacher during the renewal period of the expiring
90.36license, as a condition of license renewal, must present to the Professional Educator
Licensing
91.1and Standards Board evidence of work that demonstrates professional reflection and
growth
91.2in best teaching practices, including among other things, practices in meeting the
varied
91.3needs of English learners from young children to adults under section 124D.59, subdivisions
91.42 and 2a.
91.5(b) The Professional Educator Licensing and Standards Board must ensure that its teacher
91.6relicensing requirements include paragraph (a).
91.7EFFECTIVE DATE.This section is effective July 1, 2018.
91.8 Sec. 13.
[122A.188] LICENSURE DENIAL; APPEAL.
91.9 Subdivision 1. Denial letter. (a) The Professional Educator Licensing and Standards
91.10Board must inform a candidate within 30 days of receiving a completed application
whether
91.11the candidate's application for an initial teaching license or renewal of license
has been
91.12approved or denied. When an application is denied, the notification letter must inform
the
91.13candidate of the process for seeking review of the denial and of the appeals process
provided
91.14in this section, including all deadlines for seeking review of the denial decision
and filing
91.15an appeal. The notification letter must identify each licensure requirement the candidate
91.16failed to meet.
91.17(b) For purposes of this section, "denial" means denial of an initial license or a
denial
91.18of a renewal license. Denial of an initial license includes a grant of a license that
is a lower
91.19tier than the candidate applied for and denial of application for an additional field
of licensure.
91.20 Subd. 2. Review of denial. A candidate whose license application is denied may seek
91.21review of the denial by submitting a letter to the Professional Educator Licensing
and
91.22Standards Board within 30 calendar days of receipt of the denial letter. The candidate
may
91.23include any documentation necessary to demonstrate that the candidate meets the licensure
91.24requirements. The board must review the denial within 60 calendar days of receipt
of the
91.25letter seeking review. If the board affirms the denial, the board must send the candidate
a
91.26letter identifying each licensure requirement the candidate failed to meet and informing
the
91.27candidate of the appeal process provided under this section.
91.28 Subd. 3. Appeal. A candidate whose application for license or license renewal has been
91.29denied under subdivisions 1 and 2 may appeal the decision by filing a written request
with
91.30the Professional Educator Licensing and Standards Board within 30 days of notice that
the
91.31board has affirmed the denial of license. The board must then initiate a contested
case under
91.32the Administrative Procedure Act, sections 14.001 to 14.69.
91.33EFFECTIVE DATE.This section is effective July 1, 2018.
92.1 Sec. 14. Minnesota Statutes 2016, section 122A.19, is amended to read:
92.2122A.19 BILINGUAL AND ENGLISH AS A SECOND LANGUAGE TEACHERS;
92.3LICENSES.
92.4 Subdivision 1.
Bilingual and English as a second language licenses. The
Professional
92.5Educator Licensing and Standards Board
of Teaching, hereinafter the board, must grant
92.6teaching licenses in bilingual education and English as a second language to persons
who
92.7present satisfactory evidence that they:
92.8(a) (1) possess competence and communicative skills in English and in another language;
92.9(b) (2) possess a bachelor's degree or other academic degree approved by the board, and
92.10meet such requirements as to course of study and training as the board may prescribe,
92.11consistent with subdivision 4
; and
92.12(3) meet all other requirements for a teaching license provided in section 122A.18.
92.13 Subd. 2.
Persons holding general teaching licenses. The board may license a person
92.14who holds a
general teaching license
in any tier under section 122A.181, and who presents
92.15the board with satisfactory evidence of competence and communicative skills in a language
92.16other than English under this section.
92.17 Subd. 4.
Teacher preparation programs. For the purpose of licensing bilingual and
92.18English as a second language teachers, the board may approve programs at colleges
or
92.19universities designed for their training. These programs must provide instruction
in
92.20implementing research-based practices designed specifically for English learners.
The
92.21programs must focus on developing English learners' academic language proficiency
in
92.22English, including oral academic language, giving English learners meaningful access
to
92.23the full school curriculum, developing culturally relevant teaching practices appropriate
for
92.24immigrant students, and providing more intensive instruction and resources to English
92.25learners with lower levels of academic English proficiency and varied needs, consistent
92.26with section
124D.59, subdivisions 2 and 2a.
92.27 Subd. 5.
Persons eligible for employment. Any person licensed under this section is
92.28eligible for employment by a school board as a teacher in a bilingual education or
English
92.29as a second language program in which the language for which the person is licensed
is
92.30taught or used as a medium of instruction. A board may prescribe only those additional
92.31qualifications for teachers licensed under this section that are approved by the board
of
92.32teaching.
93.1 Subd. 6.
Affirmative efforts in hiring. In hiring for all bilingual education program
93.2positions, districts must give preference to and make affirmative efforts to seek,
recruit, and
93.3employ persons who (1) are native speakers of the language which is the medium of
93.4instruction in the bilingual education program or share a native language with the
majority
93.5of their students, and (2) share the culture of the English learners enrolled in the
program.
93.6The district shall provide procedures for involving the parent advisory committees
in
93.7designing the procedures for recruiting, screening, and selecting applicants. This
section
93.8must not be construed to limit the school board's authority to hire and discharge
personnel.
93.9EFFECTIVE DATE.This section is effective July 1, 2018.
93.10 Sec. 15. Minnesota Statutes 2016, section 122A.20, subdivision 1, is amended to read:
93.11 Subdivision 1.
Grounds for revocation, suspension, or denial. (a) The
Professional
93.12Educator Licensing and Standards Board
of Teaching or Board of School Administrators,
93.13whichever has jurisdiction over a teacher's licensure, may, on the written complaint
of the
93.14school board employing a teacher, a teacher organization, or any other interested
person,
93.15refuse to issue, refuse to renew, suspend, or revoke a teacher's license to teach
for any of
93.16the following causes:
93.17 (1) immoral character or conduct;
93.18 (2) failure, without justifiable cause, to teach for the term of the teacher's contract;
93.19 (3) gross inefficiency or willful neglect of duty;
93.20 (4) failure to meet licensure requirements; or
93.21 (5) fraud or misrepresentation in obtaining a license.
93.22 The written complaint must specify the nature and character of the charges.
93.23 (b) The
Professional Educator Licensing and Standards Board
of Teaching or Board of
93.24School Administrators, whichever has jurisdiction over a teacher's licensure, shall
refuse
93.25to issue, refuse to renew, or automatically revoke a teacher's license to teach without
the
93.26right to a hearing upon receiving a certified copy of a conviction showing that the
teacher
93.27has been convicted of child abuse, as defined in section
609.185, sex trafficking in the first
93.28degree under section
609.322, subdivision 1, sex trafficking in the second degree under
93.29section
609.322, subdivision 1a, engaging in hiring, or agreeing to hire a minor to engage
93.30in prostitution under section
609.324, subdivision 1, sexual abuse under section
609.342,
93.31609.343
,
609.344,
609.345,
609.3451, subdivision 3, or
617.23, subdivision 3, solicitation
93.32of children to engage in sexual conduct or communication of sexually explicit materials
to
94.1children under section
609.352, interference with privacy under section
609.746 or stalking
94.2under section
609.749 and the victim was a minor, using minors in a sexual performance
94.3under section
617.246, possessing pornographic works involving a minor under section
94.4617.247
, or any other offense not listed in this paragraph that requires the person to register
94.5as a predatory offender under section
243.166, or a crime under a similar law of another
94.6state or the United States. The board shall send notice of this licensing action to
the district
94.7in which the teacher is currently employed.
94.8 (c) A person whose license to teach has been revoked, not issued, or not renewed under
94.9paragraph (b), may petition the board to reconsider the licensing action if the person's
94.10conviction for child abuse or sexual abuse is reversed by a final decision of the
Court of
94.11Appeals or the Supreme Court or if the person has received a pardon for the offense.
The
94.12petitioner shall attach a certified copy of the appellate court's final decision or
the pardon
94.13to the petition. Upon receiving the petition and its attachment, the board shall schedule
and
94.14hold a disciplinary hearing on the matter under section
214.10, subdivision 2, unless the
94.15petitioner waives the right to a hearing. If the board finds that, notwithstanding
the reversal
94.16of the petitioner's criminal conviction or the issuance of a pardon, the petitioner
is disqualified
94.17from teaching under paragraph (a), clause (1), the board shall affirm its previous
licensing
94.18action. If the board finds that the petitioner is not disqualified from teaching under
paragraph
94.19(a), clause (1), it shall reverse its previous licensing action.
94.20 (d) For purposes of this subdivision, the
Professional Educator Licensing and Standards
94.21Board
of Teaching is delegated the authority to suspend or revoke coaching licenses.
94.22EFFECTIVE DATE.This section is effective July 1, 2018.
94.23 Sec. 16. Minnesota Statutes 2016, section 122A.20, subdivision 2, is amended to read:
94.24 Subd. 2.
Mandatory reporting. A school board must report to the
Professional Educator
94.25Licensing and Standards Board
of Teaching, the Board of School Administrators, or the
94.26Board of Trustees of the Minnesota State Colleges and Universities, whichever has
94.27jurisdiction over the teacher's or administrator's license, when its teacher or administrator
94.28is discharged or resigns from employment after a charge is filed with the school board
under
94.29section
122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after charges are filed
94.30that are grounds for discharge under section
122A.40, subdivision 13, paragraph (a), clauses
94.31(1) to (5), or when a teacher or administrator is suspended or resigns while an investigation
94.32is pending under section
122A.40, subdivision 13, paragraph (a) clauses (1) to (5);
122A.41,
94.33subdivisions 6, clauses (1)
, (2), and (3), and 7; or
626.556, or when a teacher or administrator
94.34is suspended without an investigation under section
122A.41, subdivisions 6, paragraph (a),
95.1clauses (1), (2), and (3), and 7; or
626.556. The report must be made to the appropriate
95.2licensing board within ten days after the discharge, suspension, or resignation has
occurred.
95.3The licensing board to which the report is made must investigate the report for violation
of
95.4subdivision 1 and the reporting board must cooperate in the investigation. Notwithstanding
95.5any provision in chapter 13 or any law to the contrary, upon written request from
the licensing
95.6board having jurisdiction over the license, a board or school superintendent shall
provide
95.7the licensing board with information about the teacher or administrator from the district's
95.8files, any termination or disciplinary proceeding, any settlement or compromise, or
any
95.9investigative file. Upon written request from the appropriate licensing board, a board
or
95.10school superintendent may, at the discretion of the board or school superintendent,
solicit
95.11the written consent of a student and the student's parent to provide the licensing
board with
95.12information that may aid the licensing board in its investigation and license proceedings.
95.13The licensing board's request need not identify a student or parent by name. The consent
95.14of the student and the student's parent must meet the requirements of chapter 13 and
Code
95.15of Federal Regulations, title 34, section 99.30. The licensing board may provide a
consent
95.16form to the district. Any data transmitted to any board under this section is private
data
95.17under section
13.02, subdivision 12, notwithstanding any other classification of the data
95.18when it was in the possession of any other agency.
95.19The licensing board to which a report is made must transmit to the Attorney General's
95.20Office any record or data it receives under this subdivision for the sole purpose
of having
95.21the Attorney General's Office assist that board in its investigation. When the Attorney
95.22General's Office has informed an employee of the appropriate licensing board in writing
95.23that grounds exist to suspend or revoke a teacher's license to teach, that licensing
board
95.24must consider suspending or revoking or decline to suspend or revoke the teacher's
or
95.25administrator's license within 45 days of receiving a stipulation executed by the
teacher or
95.26administrator under investigation or a recommendation from an administrative law judge
95.27that disciplinary action be taken.
95.28EFFECTIVE DATE.This section is effective July 1, 2018.
95.29 Sec. 17. Minnesota Statutes 2016, section 122A.21, subdivision 2, is amended to read:
95.30 Subd. 2.
Licensure via portfolio. (a)
The Professional Educator Licensing and Standards
95.31Board must develop a process for an eligible candidate
may use licensure via portfolio to
95.32obtain
a professional five-year teaching any teacher license
under section 122A.181, or to
95.33add a licensure field,
consistent with applicable Board of Teaching licensure rules via
95.34portfolio.
96.1 (b) A candidate for a
professional five-year teaching license must submit to the
Educator
96.2Licensing Division at the department board one portfolio demonstrating pedagogical
96.3competence and one portfolio demonstrating content competence.
96.4 (c) A candidate seeking to add a licensure field must submit to the
Educator Licensing
96.5Division at the department board one portfolio demonstrating content competence
for each
96.6field the candidate seeks to add.
96.7 (d) The board
of Teaching must notify a candidate who submits a portfolio under
96.8paragraph (b) or (c) within 90 calendar days after the portfolio is received whether
or not
96.9the portfolio was approved. If the portfolio was not approved, the board must immediately
96.10inform the candidate how to revise the portfolio to successfully demonstrate the requisite
96.11competence. The candidate may resubmit a revised portfolio at any time and the
Educator
96.12Licensing Division at the department board must approve or disapprove the
revised portfolio
96.13within 60 calendar days of receiving it.
96.14 (e) A candidate must pay to the executive secretary of the board
of Teaching a $300 fee
96.15for the first portfolio submitted for review and a $200 fee for any portfolio submitted
96.16subsequently. The revenue generated from the fee must be deposited in an education
licensure
96.17portfolio account in the special revenue fund. The fees set by the board
of Teaching are
96.18nonrefundable for applicants not qualifying for a license. The board
of Teaching may waive
96.19or reduce fees for candidates based on financial need.
96.20EFFECTIVE DATE.This section is effective January 1, 2018.
96.21 Sec. 18. Minnesota Statutes 2016, section 122A.23, subdivision 3, is amended to read:
96.22 Subd. 3.
Teacher licensure agreements with adjoining states. (a) Notwithstanding
96.23any other law to the contrary, the
Professional Educator Licensing and Standards Board
of
96.24Teaching must enter into a National Association of State Directors of Teacher Education
96.25and Certification (NASDTEC) interstate agreement and other interstate agreements for
96.26teacher licensure to allow fully certified teachers from adjoining states to transfer
their
96.27certification to Minnesota. The board must enter into these interstate agreements
only after
96.28determining that the rigor of the teacher licensure or certification requirements
in the
96.29adjoining state is commensurate with the rigor of Minnesota's teacher licensure requirements.
96.30The board may limit an interstate agreement to particular content fields or grade
levels based
96.31on established priorities or identified shortages. This subdivision does not apply
to
96.32out-of-state applicants holding only a provisional teaching license.
97.1(b) The
Professional Educator Licensing and Standards Board
of Teaching must work
97.2with designated authorities in adjoining states to establish interstate teacher licensure
97.3agreements under this section.
97.4EFFECTIVE DATE.This section is effective July 1, 2018.
97.5 Sec. 19.
[122A.2451] ALTERNATIVE TEACHER PREPARATION PROVIDERS
97.6AND PROGRAMS.
97.7 Subdivision 1. Definitions. (a) "Provider" or "unit" means an eligible entity that seeks
97.8or has obtained approval for an alternative teacher preparation program consistent
with this
97.9section.
97.10(b) "Program" means content provided by a provider that leads toward licensure in
a
97.11specific content area.
97.12 Subd. 2. Purpose. To provide alternative pathways toward Minnesota teacher licensure
97.13outside of the traditional means, to improve ethnic and cultural diversity in the
classroom,
97.14and to close the achievement gap, the Professional Educator Licensing and Standards
Board
97.15must approve qualified teacher preparation providers and programs under this section
that
97.16are a means to acquire a Tier 2 license under section 122A.181 and prepare for acquiring
a
97.17Tier 3 license under section 122A.181.
97.18 Subd. 3. Eligibility. A school district, charter school, or nonprofit corporation organized
97.19under chapter 317A for an education-related purpose is eligible to participate under
this
97.20section. An eligible entity may apply for provider and program approval simultaneously.
97.21 Subd. 4. Provider approval. An eligible entity must be approved as a provider before
97.22being approved to provide programs toward licensure. The Professional Educator Licensing
97.23and Standards Board must approve eligible entities under subdivision 3 that meet the
97.24following requirements:
97.25(1) has evidence and a history of fiscal solvency, capacity, and operation;
97.26(2) has evidence of necessary infrastructure to provide accurate, timely, and secure
data
97.27for the purposes of admission, candidate monitoring, testing, background checks, and
license
97.28recommendations;
97.29(3) has policies and procedures in place ensuring the security of candidate records
under
97.30the federal Family Educational Rights and Privacy Act;
97.31(4) has the instructional capacity or ability to obtain the instructional capacity
to provide
97.32an adequate instructional phase under subdivision 5; and
98.1(5) meets all other board-adopted rules for teacher preparation providers.
98.2 Subd. 5. Program approval. The board must approve programs offered by approved
98.3providers based on nontraditional criteria. An approved program must have the following
98.4characteristics:
98.5(1) an instructional phase that provides intensive preparation and observed classroom
98.6experience that is commensurate with the scope of licensure standards defined under
rule,
98.7before the teacher candidate assumes classroom responsibilities;
98.8(2) a research-based and results-oriented approach focused on best teaching practices
98.9to increase student proficiency and growth measured against state academic standards;
98.10(3) a strategy to combine pedagogy and best teaching practices to better inform teacher
98.11candidates' classroom instruction;
98.12(4) provide assessment, supervision, and evaluation of teacher candidates to determine
98.13their specific needs throughout the program, and to support efforts to successfully
complete
98.14the program;
98.15(5) provide intensive and ongoing professional learning opportunities that accelerate
98.16teacher candidates' professional growth, support student learning, and provide a workplace
98.17orientation, professional staff development, mentoring and peer review, focused on
standards
98.18of professional practice and continuous professional growth; and
98.19(6) a process to review a candidate's final proficiency of required licensure content
98.20standards that leads to potential candidate recommendation by the provider to the
board for
98.21a Tier 3 teaching license under subdivision 8.
98.22 Subd. 6. Nontraditional means; program instructors. (a) The board must permit
98.23alternative teacher preparation providers and teacher candidates to demonstrate pedagogy
98.24and content standard proficiency in school-based programs and through other nontraditional
98.25means. Nontraditional means may include previous work experiences, teaching experiences,
98.26educator evaluations, industry-recognized certifications, and other essentially equivalent
98.27demonstrations.
98.28(b) The board must use nontraditional criteria to determine qualifications of program
98.29instructors, including permitting instructors to hold a baccalaureate degree only.
98.30 Subd. 7. Program disapproval, suspension. If the board determines that a teacher
98.31preparation provider or licensure program fails to meet or is deficient in any of
the
98.32requirements of subdivision 5, it may suspend or revoke the approval of the provider
or
99.1program after it notifies the provider of the deficiencies and gives the provider
an opportunity
99.2to remedy the deficiencies.
99.3 Subd. 8. Candidate program completion; teacher licensure. (a) A candidate who
99.4completes an approved program must apply for a license under the tiered licensure
system
99.5according to section 122A.181.
99.6(b) A person who successfully completes another state's alternative teacher preparation
99.7licensure program may apply to the Professional Educator Licensing and Standards Board
99.8for a Tier 3 license.
99.9 Subd. 9. Reports. (a) An approved alternative teacher preparation provider must report
99.10to the Professional Educator Licensing and Standards Board on items that are defined
in
99.11statute regarding program candidates, completion, and effectiveness or other items
that are
99.12required under section 122A.09.
99.13(b) The Professional Educator Licensing and Standards Board must submit a biennial
99.14report on the alternative teacher preparation program and providers to legislative
committees
99.15with jurisdiction over kindergarten through grade 12 education policy and finance
by January
99.1615 of each odd-numbered year.
99.17EFFECTIVE DATE.This section is effective July 1, 2018.
99.18 Sec. 20. Minnesota Statutes 2016, section 122A.26, subdivision 2, is amended to read:
99.19 Subd. 2.
Exceptions. A person who teaches in a community education program which
99.20qualifies for aid pursuant to section
124D.52 shall continue to meet licensure requirements
99.21as a teacher. A person who teaches in an early childhood and family education program
99.22which is offered through a community education program and which qualifies for community
99.23education aid pursuant to section
124D.20 or early childhood and family education aid
99.24pursuant to section
124D.135 shall continue to meet licensure requirements as a teacher. A
99.25person who teaches in a community education course which is offered for credit for
99.26graduation to persons under 18 years of age shall continue to meet licensure requirements
99.27as a teacher. A person who teaches a driver training course which is offered through
a
99.28community education program to persons under 18 years of age shall be licensed by
the
99.29Professional Educator Licensing and Standards Board
of Teaching or be subject to section
99.30171.35
. A license which is required for an instructor in a community education program
99.31pursuant to this subdivision shall not be construed to bring an individual within
the definition
99.32of a teacher for purposes of section
122A.40, subdivision 1, or
122A.41, subdivision 1,
99.33clause (a).
100.1EFFECTIVE DATE.This section is effective July 1, 2018.
100.2 Sec. 21. Minnesota Statutes 2016, section 122A.28, is amended to read:
100.3122A.28 TEACHERS OF DEAF AND HARD-OF-HEARING STUDENTS;
100.4LICENSURE REQUIREMENTS.
100.5 Subdivision 1.
K-12 license to teach deaf and hard-of-hearing students; relicensure.
100.6(a) The
Professional Educator Licensing and Standards Board
of Teaching must review and
100.7determine appropriate licensure requirements for a candidate for a license or an applicant
100.8for a continuing license to teach deaf and hard-of-hearing students in prekindergarten
through
100.9grade 12. In addition to other requirements, a candidate must demonstrate the minimum
100.10level of proficiency in American sign language as determined by the board.
100.11(b) Among other relicensure requirements, each teacher under this section must complete
100.1230 continuing education clock hours on hearing loss topics, including American Sign
100.13Language, American Sign Language linguistics, or deaf culture, in each licensure renewal
100.14period.
100.15 Subd. 2.
Licensure for teaching oral/aural deaf education programs. (a) The
100.16Professional Educator Licensing and Standards Board
of Teaching shall adopt a separate
100.17licensure rule for a candidate for a license or an applicant for a continuing license
to teach
100.18in oral/aural deaf education programs or to provide services, including itinerant
oral/aural
100.19deaf education services, to deaf and hard-of-hearing students in prekindergarten through
100.20grade 12.
100.21(b) The board shall design rule requirements for teaching oral/aural deaf education
in
100.22collaboration with representatives of parents and educators of deaf and hard-of-hearing
100.23students, postsecondary programs preparing teachers of deaf and hard-of-hearing students,
100.24and the Department of Education.
100.25(c) Rule requirements for teaching oral/aural deaf education shall reflect best practice
100.26research in oral/aural deaf education. Advanced competencies in teaching deaf and
100.27hard-of-hearing students through oral/aural modes shall be included.
100.28(d) Licensure requirements for teachers of oral/aural deaf education must include
100.29minimum competency in American sign language, but are not subject to the guidelines
100.30established in Laws 1993, chapter 224, article 3, section 32, as amended by Laws 1998,
100.31chapter 398, article 2, section 47. The signed communication proficiency interview
shall
100.32not be required for teachers licensed to teach deaf and hard-of-hearing students through
100.33oral/aural deaf education methods.
101.1(e) Requirements for teachers or oral/aural deaf education shall include appropriate
101.2continuing education requirements for renewing this licensure.
101.3EFFECTIVE DATE.This section is effective July 1, 2018.
101.4 Sec. 22. Minnesota Statutes 2016, section 122A.29, is amended to read:
101.5122A.29 TEACHERS OF BLIND AND VISUALLY IMPAIRED STUDENTS;
101.6LICENSURE REQUIREMENTS.
101.7Teachers licensed in the education of blind and visually impaired students must
101.8demonstrate competence in reading and writing Braille. The
Professional Educator Licensing
101.9and Standards Board
of Teaching, at such time as a valid and reliable test is available, shall
101.10adopt a rule to assess these competencies that is consistent with the standards of
the National
101.11Library Services for the Blind and Physically Handicapped.
101.12EFFECTIVE DATE.This section is effective July 1, 2018.
101.13 Sec. 23. Minnesota Statutes 2016, section 122A.30, is amended to read:
101.14122A.30 EXEMPTION FOR CAREER AND TECHNICAL EDUCATION
101.15INSTRUCTORS.
101.16(a) Notwithstanding section
122A.15, subdivision 1, and upon approval of the local
101.17employer school board, a person who teaches in a part-time vocational or career and
technical
101.18education program is exempt from a license requirement. Nothing in this section shall
101.19exclude licensed career and technical educators from the definition of "teacher" in
section
101.20122A.40
,
122A.41, or
179A.03.
101.21(b) This section expires June 30, 2020.
After this section expires, persons who teach in
101.22a part-time vocational or career and technical education program may apply for a teaching
101.23license provided in section 122A.181.
101.24EFFECTIVE DATE.This section is effective July 1, 2018.
101.25 Sec. 24. Minnesota Statutes 2016, section 124D.13, subdivision 11, is amended to read:
101.26 Subd. 11.
Teachers. A school board must employ necessary licensed teachers for its
101.27early childhood family education programs.
The Board of Teaching, at its discretion, may
101.28grant an applicant a variance under this subdivision, consistent with sections
122A.09,
101.29subdivision 10
, and
122A.25, and Board of Teaching rules.
101.30EFFECTIVE DATE.This section is effective July 1, 2018.
102.1 Sec. 25. Minnesota Statutes 2016, section 124D.454, subdivision 12, is amended to read:
102.2 Subd. 12.
Compliance with rules. Aid must be paid under this section only for services
102.3rendered or for costs incurred in career and technical education programs approved
by the
102.4commissioner and operated in accordance with rules promulgated by the commissioner.
102.5This aid shall be paid only for services rendered and for costs incurred by essential,
licensed
102.6personnel who meet the requirements for licensure pursuant to the rules of the
Minnesota
102.7Professional Educator Licensing and Standards Board
of Teaching. Licensed personnel
102.8means persons holding a valid career and technical license issued by the
commissioner
102.9Professional Educator Licensing and Standards Board under section 122A.30. If an average
102.10of five or fewer secondary full-time equivalent students are enrolled per teacher
in an
102.11approved postsecondary program at Intermediate District No. 287, 916, or 917, licensed
102.12personnel means persons holding a valid vocational license issued by the commissioner
or
102.13the Board of Trustees of the Minnesota State Colleges and Universities. Notwithstanding
102.14section
127A.42, the commissioner may modify or withdraw the program or aid approval
102.15and withhold aid under this section without proceeding under section
127A.42 at any time.
102.16To do so, the commissioner must determine that the program does not comply with rules
102.17of the Department of Education or that any facts concerning the program or its budget
differ
102.18from the facts in the district's approved application.
102.19EFFECTIVE DATE.This section is effective July 1, 2018.
102.20 Sec. 26. Minnesota Statutes 2016, section 124D.75, subdivision 1, is amended to read:
102.21 Subdivision 1.
American Indian language and culture education licenses. The
102.22Professional Educator Licensing and Standards Board
of Teaching, in consultation with the
102.23Tribal Nations Education Committee, must grant initial and continuing teaching licenses
102.24in American Indian language and culture education that bear the same duration as other
102.25initial and continuing licenses. The board must grant licenses to persons who present
102.26satisfactory evidence that they:
102.27(1) possess competence in an American Indian language or possess unique qualifications
102.28relative to or knowledge and understanding of American Indian history and culture;
or
102.29(2) possess a bachelor's degree or other academic degree approved by the board or
meet
102.30such requirements as to course of study and training as the board may prescribe, or
possess
102.31such relevant experience as the board may prescribe.
102.32This evidence may be presented by affidavits, tribal resolutions, or by such other
methods
102.33as the board may prescribe. Individuals may present applications for licensure on
their own
103.1behalf or these applications may be submitted by the superintendent or other authorized
103.2official of a school district, participating school, or an American Indian school.
103.3EFFECTIVE DATE.This section is effective January 1, 2018.
103.4 Sec. 27. Minnesota Statutes 2016, section 124D.75, subdivision 6, is amended to read:
103.5 Subd. 6.
Persons eligible for employment; exemptions. Any person licensed under
103.6this section shall be eligible for employment by a school board or a participating
school as
103.7a teacher in an American Indian education program in which the American Indian language
103.8or culture in which the person is licensed is taught. A school district or participating
school
103.9may prescribe only those additional qualifications for teachers licensed under this
section
103.10as are approved by the
Professional Educator Licensing and Standards Board
of Teaching.
103.11Any school board or participating school upon request may be exempted from the licensure
103.12requirements of this section in the hiring of one or more American Indian language
and
103.13culture education teachers for any school year in which compliance would, in the opinion
103.14of the
commissioner Professional Educator Licensing and Standards Board, create a hardship
103.15in the securing of the teachers.
103.16EFFECTIVE DATE.This section is effective January 1, 2018.
103.17 Sec. 28. Minnesota Statutes 2016, section 125A.67, subdivision 2, is amended to read:
103.18 Subd. 2.
Teacher standards. A teacher
or administrator at the academies is subject to
103.19the licensure standards of the
Professional Educator Licensure and Standards Board
of
103.20Teaching or the commissioner of education.
An administrator at the academies is subject
103.21to the licensure standards of the Board of School Administrators.
103.22EFFECTIVE DATE.This section is effective July 1, 2018.
103.23 Sec. 29. Minnesota Statutes 2016, section 136A.1791, subdivision 1, is amended to read:
103.24 Subdivision 1.
Definitions. (a) The terms used in this section have the meanings given
103.25them in this subdivision.
103.26(b) "Qualified educational loan" means a government, commercial, or foundation loan
103.27for actual costs paid for tuition and reasonable educational and living expenses related
to a
103.28teacher's preparation or further education.
103.29(c) "School district" means an independent school district, special school district,
103.30intermediate district, education district, special education cooperative, service
cooperative,
103.31a cooperative center for vocational education, or a charter school located in Minnesota.
104.1(d) "Teacher" means an individual holding a teaching license issued by the
licensing
104.2division in the Department of Education on behalf of the Board of Teaching Professional
104.3Educator Licensure and Standards Board who is employed by a school district to provide
104.4classroom instruction in a teacher shortage area.
104.5(e) "Teacher shortage area" means the licensure fields and economic development regions
104.6reported by the commissioner of education as experiencing a teacher shortage.
104.7(f) "Commissioner" means the commissioner of the Office of Higher Education unless
104.8indicated otherwise.
104.9EFFECTIVE DATE.This section is effective July 1, 2018.
104.10 Sec. 30.
LICENSES UNDER JURISDICTION OF THE BOARD OF TEACHING.
104.11 Subdivision 1. One-year license. A one-year license issued by the commissioner of
104.12education before the effective date of this section must be treated as a Tier 1 license
104.13established under Minnesota Statutes, sections 122A.18 and 122A.181.
104.14 Subd. 2. Two-year license. A two-year license issued by the commissioner of education
104.15before the effective date of this section must be treated as a Tier 2 license established
under
104.16Minnesota Statutes, sections 122A.18 and 122A.181.
104.17 Subd. 3. Three-year license. A three-year license issued by the commissioner of
104.18education before the effective date of this section must be treated as a Tier 3 license
104.19established under Minnesota Statutes, sections 122A.18 and 122A.181.
104.20 Subd. 4. Five-year license. A five-year license issued by the commissioner of education
104.21before the effective date of this section must be treated as a Tier 4 license established
under
104.22Minnesota Statutes, sections 122A.18 and 122A.181.
104.23EFFECTIVE DATE.This section is effective January 1, 2018.
104.24 Sec. 31.
RULE CHANGE; ACADEMIC AND BEHAVIORAL STRATEGIST
104.25LICENSURE.
104.26No later than September 1, 2017, the Board of Teaching must amend Minnesota Rules,
104.27part 8710.5050, subpart 4, so that academic and behavioral strategist continuing licenses
104.28under that part may be issued and renewed according to rules of the Board of Teaching
104.29governing continuing licenses and without requiring the candidate to hold or be recommended
104.30for licensure in any other licensure field. The board shall use the good cause exemption
104.31under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules
under
105.1this section, and Minnesota Statutes, section 14.386, does not apply except as provided
in
105.2Minnesota Statutes, section 14.388.
105.3EFFECTIVE DATE.This section is effective the day following final enactment.
105.4 Sec. 32.
TEACHER OF SPECIAL EDUCATION LICENSE REVIEW.
105.5The Professional Educator Licensing and Standards Board must conduct a review of all
105.6available teacher of special education licenses and determine the options for cross-categorical
105.7licenses for teachers of special education. The board must report its findings and
draft
105.8legislation, if needed, to the legislative committees with jurisdiction over kindergarten
105.9through grade 12 education by December 14, 2018.
105.10 Sec. 33.
REPEALER.
105.11Minnesota Statutes 2016, sections 122A.162; 122A.163; 122A.18, subdivisions 4, 4a,
105.12and 7; 122A.23, subdivisions 1 and 2; 122A.245; and 122A.25, are repealed.
105.15 Section 1. Minnesota Statutes 2016, section 125A.0941, is amended to read:
105.16125A.0941 DEFINITIONS.
105.17(a) The following terms have the meanings given them.
105.18(b) "Emergency" means a situation where immediate intervention is needed to protect
105.19a child or other individual from physical injury. Emergency does not mean circumstances
105.20such as: a child who does not respond to a task or request and instead places his
or her head
105.21on a desk or hides under a desk or table; a child who does not respond to a staff
person's
105.22request unless failing to respond would result in physical injury to the child or
other
105.23individual; or an emergency incident has already occurred and no threat of physical
injury
105.24currently exists.
105.25(c) "Physical holding" means physical intervention intended to hold a child immobile
105.26or limit a child's movement, where body contact is the only source of physical restraint,
and
105.27where immobilization is used to effectively gain control of a child in order to protect
a child
105.28or other individual from physical injury. The term physical holding does not mean
physical
105.29contact that:
105.30(1) helps a child respond or complete a task;
106.1(2) assists a child without restricting the child's movement;
106.2(3) is needed to administer an authorized health-related service or procedure; or
106.3(4) is needed to physically escort a child when the child does not resist or the child's
106.4resistance is minimal.
106.5(d) "Positive behavioral interventions and supports" means interventions and strategies
106.6to improve the school environment and teach children the skills to behave appropriately
,
106.7including the key components under section 122A.627.
106.8(e) "Prone restraint" means placing a child in a face down position.
106.9(f) "Restrictive procedures" means the use of physical holding or seclusion in an
106.10emergency. Restrictive procedures must not be used to punish or otherwise discipline
a
106.11child.
106.12(g) "Seclusion" means confining a child alone in a room from which egress is barred.
106.13Egress may be barred by an adult locking or closing the door in the room or preventing
the
106.14child from leaving the room. Removing a child from an activity to a location where
the
106.15child cannot participate in or observe the activity is not seclusion.
106.16 Sec. 2. Minnesota Statutes 2016, section 125A.11, subdivision 1, is amended to read:
106.17 Subdivision 1.
Nonresident tuition rate; other costs. (a) For fiscal year 2015 and later,
106.18when a school district provides special instruction and services for a pupil with
a disability
106.19as defined in section
125A.02 outside the district of residence, excluding a pupil for whom
106.20an adjustment to special education aid is calculated according to section
127A.47, subdivision
106.217
, paragraphs (b) to (d), special education aid paid to the resident district must
be reduced
106.22by an amount equal to (1) the actual cost of providing special instruction and services
to
106.23the pupil, including a proportionate amount for special transportation, plus (2) the
amount
106.24of general education revenue, excluding local optional revenue, plus local optional
aid and
106.25referendum equalization aid attributable to that pupil, calculated using the resident
district's
106.26average general education revenue and referendum equalization aid per adjusted pupil
unit
106.27excluding basic skills revenue, elementary sparsity revenue and secondary sparsity
revenue,
106.28minus (3) the amount of special education aid for children with a disability under
section
106.29125A.76
received on behalf of that child, minus (4) if the pupil receives special instruction
106.30and services outside the regular classroom for more than 60 percent of the school
day, the
106.31amount of general education revenue and referendum equalization aid, excluding portions
106.32attributable to district and school administration, district support services, operations
and
106.33maintenance, capital expenditures, and pupil transportation, attributable to that
pupil for
107.1the portion of time the pupil receives special instruction and services outside of
the regular
107.2classroom, calculated using the resident district's average general education revenue
and
107.3referendum equalization aid per adjusted pupil unit excluding basic skills revenue,
elementary
107.4sparsity revenue and secondary sparsity revenue and the serving district's basic skills
revenue,
107.5elementary sparsity revenue and secondary sparsity revenue per adjusted pupil unit.
107.6Notwithstanding clauses (1) and (4), for pupils served by a cooperative unit without
a fiscal
107.7agent school district, the general education revenue and referendum equalization aid
107.8attributable to a pupil must be calculated using the resident district's average general
107.9education revenue and referendum equalization aid excluding compensatory revenue,
107.10elementary sparsity revenue, and secondary sparsity revenue. Special education aid
paid to
107.11the district or cooperative providing special instruction and services for the pupil
must be
107.12increased by the amount of the reduction in the aid paid to the resident district.
If the resident
107.13district's special education aid is insufficient to make the full adjustment, the
remaining
107.14adjustment shall be made to other state aid due to the district.
107.15 (b) Notwithstanding paragraph (a), when a charter school receiving special education
107.16aid under section
124E.21, subdivision 3, provides special instruction and services for a
107.17pupil with a disability as defined in section
125A.02, excluding a pupil for whom an
107.18adjustment to special education aid is calculated according to section
127A.47, subdivision
107.197
, paragraphs (b) to (e), special education aid paid to the resident district must
be reduced
107.20by an amount equal to that calculated under paragraph (a) as if the charter school
received
107.21aid under section
124E.21, subdivision 1. Notwithstanding paragraph (a), special education
107.22aid paid to the charter school providing special instruction and services for the
pupil must
107.23not be increased by the amount of the reduction in the aid paid to the resident district.
107.24 (c) Notwithstanding paragraph (a) and section
127A.47, subdivision 7, paragraphs (b)
107.25to (d):
107.26 (1) an intermediate district or a special education cooperative may recover unreimbursed
107.27costs of serving pupils with a disability, including building lease, debt service,
and indirect
107.28costs necessary for the general operation of the organization, by billing membership
fees
107.29and nonmember access fees to the resident district;
107.30 (2) a charter school where more than 30 percent of enrolled students receive special
107.31education and related services, a site approved under section
125A.515, an intermediate
107.32district,
a site constructed according to Laws 1992, chapter 558, section 7, subdivision 7,
107.33to meet the educational needs of court-placed adolescents, or a special education cooperative
107.34may apply to the commissioner for authority to charge the resident district an additional
107.35amount to recover any remaining unreimbursed costs of serving pupils with a disability;
108.1 (3) the billing under clause (1) or application under clause (2) must include a description
108.2of the costs and the calculations used to determine the unreimbursed portion to be
charged
108.3to the resident district. Amounts approved by the commissioner under clause (2) must
be
108.4included in the aid adjustments under paragraph (a), or section
127A.47, subdivision 7,
108.5paragraphs (b) to (d), as applicable.
108.6 (d) For purposes of this subdivision and section
127A.47, subdivision 7, paragraph (b),
108.7"general education revenue and referendum equalization aid" means the sum of the general
108.8education revenue according to section
126C.10, subdivision 1, excluding the local optional
108.9levy according to section
126C.10, subdivision 2e, paragraph (c), plus the referendum
108.10equalization aid according to section
126C.17, subdivision 7.
108.11EFFECTIVE DATE.This section is effective the day following final enactment.
108.12 Sec. 3. Minnesota Statutes 2016, section 125A.21, subdivision 2, is amended to read:
108.13 Subd. 2.
Third-party reimbursement. (a) Beginning July 1, 2000, districts shall seek
108.14reimbursement from insurers and similar third parties for the cost of services provided
by
108.15the district whenever the services provided by the district are otherwise covered
by the
108.16child's health coverage. Districts shall request, but may not require, the child's
family to
108.17provide information about the child's health coverage when a child with a disability
begins
108.18to receive services from the district of a type that may be reimbursable, and shall
request,
108.19but may not require, updated information after that as needed.
108.20(b) For children enrolled in medical assistance under chapter 256B or MinnesotaCare
108.21under chapter 256L who have no other health coverage, a district shall provide an
initial
108.22and annual written notice to the enrolled child's parent or legal representative of
its intent
108.23to seek reimbursement from medical assistance or MinnesotaCare for
:
108.24(1) the evaluations required as part of the individualized education program
process or
108.25individualized family service plan
process; and
108.26(2) health-related services provided by the district
in accordance with the individualized
108.27education program or individualized family service plan.
108.28The initial notice must give the child's parent or legal representative the right
to request a
108.29copy of the child's education records on the health-related services that the district
provided
108.30to the child and disclosed to a third-party payer.
108.31(c) The district shall give the parent or legal representative annual written notice
of:
109.1(1) the district's intent to seek reimbursement from medical assistance or MinnesotaCare
109.2for
evaluations required as part of the individualized education program
process or
109.3individualized family service plan
process, and for health-related services provided by the
109.4district
in accordance with the individualized education program or individualized family
109.5service plan;
109.6(2) the right of the parent or legal representative to request a copy of all records
109.7concerning individualized education program or individualized family service plan
109.8health-related services disclosed by the district to any third party; and
109.9(3) the right of the parent or legal representative to withdraw consent for disclosure
of
109.10a child's records at any time without consequence.
109.11The written notice shall be provided as part of the written notice required by Code
of Federal
109.12Regulations, title 34, section 300.504 or 303.520. The district must ensure that the
parent
109.13of a child with a disability is given notice, in understandable language, of federal
and state
109.14procedural safeguards available to the parent under this paragraph and paragraph (b).
109.15(d) In order to access the private health care coverage of a child who is covered
by private
109.16health care coverage in whole or in part, a district must:
109.17(1) obtain annual written informed consent from the parent or legal representative,
in
109.18compliance with subdivision 5; and
109.19(2) inform the parent or legal representative that a refusal to permit the district
or state
109.20Medicaid agency to access their private health care coverage does not relieve the
district of
109.21its responsibility to provide all services necessary to provide free and appropriate
public
109.22education at no cost to the parent or legal representative.
109.23(e) If the commissioner of human services obtains federal approval to exempt covered
109.24individualized education program or individualized family service plan health-related
109.25services from the requirement that private health care coverage refuse payment before
109.26medical assistance may be billed, paragraphs (b), (c), and (d) shall also apply to
students
109.27with a combination of private health care coverage and health care coverage through
medical
109.28assistance or MinnesotaCare.
109.29(f) In the event that Congress or any federal agency or the Minnesota legislature
or any
109.30state agency establishes lifetime limits, limits for any health care services, cost-sharing
109.31provisions, or otherwise provides that individualized education program or individualized
109.32family service plan health-related services impact benefits for persons enrolled in
medical
109.33assistance or MinnesotaCare, the amendments to this subdivision adopted in 2002 are
110.1repealed on the effective date of any federal or state law or regulation that imposes
the
110.2limits. In that event, districts must obtain informed consent consistent with this
subdivision
110.3as it existed prior to the 2002 amendments and subdivision 5, before seeking reimbursement
110.4for children enrolled in medical assistance under chapter 256B or MinnesotaCare under
110.5chapter 256L who have no other health care coverage.
110.6EFFECTIVE DATE.This section is effective August 1, 2017.
110.7 Sec. 4. Minnesota Statutes 2016, section 125A.515, is amended to read:
110.8125A.515 PLACEMENT OF STUDENTS; APPROVAL OF EDUCATION
110.9PROGRAM.
110.10 Subdivision 1.
Approval of on-site education programs. The commissioner shall
110.11approve on-site education programs for placement of children and youth in residential
110.12facilities including detention centers, before being licensed by the Department of
Human
110.13Services or the Department of Corrections. Education programs in these facilities
shall
110.14conform to state and federal education laws including the Individuals with Disabilities
110.15Education Act (IDEA). This section applies only to placements in
children's residential
110.16facilities licensed by the Department of Human Services or the Department of Corrections.
110.17For purposes of this section, "on-site education program" means the educational services
110.18provided directly on the grounds of the
care and treatment children's residential facility to
110.19children and youth placed for care and treatment.
110.20 Subd. 3.
Responsibilities for providing education. (a) The district in which the
children's
110.21residential facility is located must provide education services, including special
education
110.22if eligible, to all students placed in a facility.
110.23(b) For education programs operated by the Department of Corrections, the providing
110.24district shall be the Department of Corrections. For students remanded to the commissioner
110.25of corrections, the providing and resident district shall be the Department of Corrections.
110.26 Subd. 3a.
Students without a disability from other states. A school district is not
110.27required to provide education services under this section to a student who:
110.28(1) is not a resident of Minnesota;
110.29(2) does not have an individualized education program; and
110.30(3) does not have a tuition arrangement or agreement to pay the cost of education
from
110.31the placing authority.
111.1 Subd. 4.
Education services required. (a) Education services must be provided to a
111.2student beginning within three business days after the student enters the
care and treatment
111.3children's residential facility. The first four days of the student's placement may be used to
111.4screen the student for educational and safety issues.
111.5(b) If the student does not meet the eligibility criteria for special education, regular
111.6education services must be provided to that student.
111.7 Subd. 5.
Education programs for students placed in children's residential facilities.
111.8(a) When a student is placed in a
children's residential facility
approved under this section
111.9that has an on-site education program, the providing district, upon notice from the
care and
111.10treatment children's residential facility, must contact the resident district within one business
111.11day to determine if a student has been identified as having a disability, and to request
at
111.12least the student's transcript, and for students with disabilities, the most recent
individualized
111.13education program (IEP) and evaluation report
, and to determine if the student has been
111.14identified as a student with a disability. The resident district must send a facsimile copy to
111.15the providing district within two business days of receiving the request.
111.16(b) If a student placed under this section has been identified as having a disability
and
111.17has an individualized education program in the resident district:
111.18(1) the providing agency must conduct an individualized education program meeting
to
111.19reach an agreement about continuing or modifying special education services in accordance
111.20with the current individualized education program goals and objectives and to determine
if
111.21additional evaluations are necessary; and
111.22(2) at least the following people shall receive written notice or documented phone
call
111.23to be followed with written notice to attend the individualized education program
meeting:
111.24(i) the person or agency placing the student;
111.25(ii) the resident district;
111.26(iii) the appropriate teachers and related services staff from the providing district;
111.27(iv) appropriate staff from the
children's residential facility;
111.28(v) the parents or legal guardians of the student; and
111.29(vi) when appropriate, the student.
111.30(c) For a student who has not been identified as a student with a disability, a screening
111.31must be conducted by the providing districts as soon as possible to determine the
student's
112.1educational and behavioral needs and must include a review of the student's educational
112.2records.
112.3 Subd. 6.
Exit report summarizing educational progress. If a student has been placed
112.4in a facility under this section for 15 or more business days, the providing district
must
112.5prepare an exit report summarizing the regular education, special education, evaluation,
112.6educational progress, and service information and must send the report to the resident
district
112.7and the next providing district if different, the parent or legal guardian, and any
appropriate
112.8social service agency. For students with disabilities, this report must include the
student's
112.9IEP.
112.10 Subd. 7.
Minimum educational services required. When a student is placed in a
112.11children's residential facility
approved under this section, at a minimum, the providing
112.12district is responsible for:
112.13(1) the education necessary, including summer school services, for a student who is
not
112.14performing at grade level as indicated in the education record or IEP; and
112.15(2) a school day, of the same length as the school day of the providing district,
unless
112.16the unique needs of the student, as documented through the IEP or education record
in
112.17consultation with treatment providers, requires an alteration in the length of the
school day.
112.18 Subd. 8.
Placement, services, and due process. When a student's treatment and
112.19educational needs allow, education shall be provided in a regular educational setting.
The
112.20determination of the amount and site of integrated services must be a joint decision
between
112.21the student's parents or legal guardians and the treatment and education staff. When
112.22applicable, educational placement decisions must be made by the IEP team of the providing
112.23district. Educational services shall be provided in conformance with the least restrictive
112.24environment principle of the Individuals with Disabilities Education Act. The providing
112.25district and
care and treatment children's residential facility shall cooperatively develop
112.26discipline and behavior management procedures to be used in emergency situations that
112.27comply with the Minnesota Pupil Fair Dismissal Act and other relevant state and federal
112.28laws and regulations.
112.29 Subd. 9.
Reimbursement for education services. (a) Education services provided to
112.30students who have been placed under this section are reimbursable in accordance with
112.31special education and general education statutes.
112.32(b) Indirect or consultative services provided in conjunction with regular education
112.33prereferral interventions and assessment provided to regular education students suspected
113.1of being disabled and who have demonstrated learning or behavioral problems in a screening
113.2are reimbursable with special education categorical aids.
113.3(c) Regular education, including screening, provided to students with or without
113.4disabilities is not reimbursable with special education categorical aids.
113.5 Subd. 10.
Students unable to attend school but not covered under this section.
113.6Students who are absent from, or predicted to be absent from, school for 15 consecutive
or
113.7intermittent days, and placed at home or in facilities not licensed by the Departments
of
113.8Corrections or Human Services are entitled to regular and special education services
113.9consistent with this section or Minnesota Rules, part 3525.2325. These students include
113.10students with and without disabilities who are home due to accident or illness, in
a hospital
113.11or other medical facility, or in a day treatment center.
113.12 Sec. 5. Minnesota Statutes 2016, section 125A.74, subdivision 1, is amended to read:
113.13 Subdivision 1.
Eligibility. A district may enroll as a provider in the medical assistance
113.14program and receive medical assistance payments for covered
evaluations and special
113.15education services provided to persons eligible for medical assistance under chapter
256B.
113.16To receive medical assistance payments, the district must pay the nonfederal share
of medical
113.17assistance services provided according to section
256B.0625, subdivision 26, and comply
113.18with relevant provisions of state and federal statutes and regulations governing the
medical
113.19assistance program.
113.20EFFECTIVE DATE.This section is effective August 1, 2017.
113.21 Sec. 6. Minnesota Statutes 2016, section 125A.76, subdivision 2c, is amended to read:
113.22 Subd. 2c.
Special education aid. (a) For fiscal year 2016 and later, a district's special
113.23education aid equals the sum of the district's special education initial aid under
subdivision
113.242a and the district's excess cost aid under section
125A.79, subdivision 5.
113.25(b) Notwithstanding paragraph (a), for fiscal year 2016, the special education aid
for a
113.26school district must not exceed the sum of the special education aid the district
would have
113.27received for fiscal year 2016 under Minnesota Statutes 2012, sections
125A.76 and
125A.79,
113.28as adjusted according to Minnesota Statutes 2012, sections
125A.11 and
127A.47, subdivision
113.297
, and the product of the district's average daily membership served and the special
education
113.30aid increase limit.
113.31(c) Notwithstanding paragraph (a), for fiscal year 2017 and later, the special education
113.32aid for a school district must not exceed the sum of: (i) the product of the district's
average
114.1daily membership served and the special education aid increase limit and (ii) the
product
114.2of the sum of the special education aid the district would have received for fiscal
year 2016
114.3under Minnesota Statutes 2012, sections
125A.76 and
125A.79, as adjusted according to
114.4Minnesota Statutes 2012, sections
125A.11 and
127A.47, subdivision 7, the ratio of the
114.5district's average daily membership served for the current fiscal year to the district's
average
114.6daily membership served for fiscal year 2016, and the program growth factor.
114.7(d) Notwithstanding paragraph (a), for fiscal year 2016 and later the special education
114.8aid for a school district, not including a charter school or cooperative unit as defined
in
114.9section
123A.24, must not be less than the lesser of (1) the district's nonfederal special
114.10education expenditures for that fiscal year or (2) the product of the sum of the special
114.11education aid the district would have received for fiscal year 2016 under Minnesota
Statutes
114.122012, sections
125A.76 and
125A.79, as adjusted according to Minnesota Statutes 2012,
114.13sections
125A.11 and
127A.47, subdivision 7, the ratio of the district's adjusted daily
114.14membership for the current fiscal year to the district's average daily membership
for fiscal
114.15year 2016, and the program growth factor.
114.16(e) Notwithstanding subdivision 2a and section
125A.79, a charter school in its first year
114.17of operation shall generate special education aid based on current year data. A newly
formed
114.18cooperative unit as defined in section
123A.24 may apply to the commissioner for approval
114.19to generate special education aid for its first year of operation based on current
year data,
114.20with an offsetting adjustment to the prior year data used to calculate aid for programs
at
114.21participating school districts or previous cooperatives that were replaced by the
new
114.22cooperative.
The department shall establish procedures to adjust the prior year data and
114.23fiscal year 2016 old formula aid used in calculating special education aid to exclude
costs
114.24that have been eliminated for districts where programs have closed or where a substantial
114.25portion of the program has been transferred to a cooperative unit.
114.26(f) The department shall establish procedures through the uniform financial accounting
114.27and reporting system to identify and track all revenues generated from third-party
billings
114.28as special education revenue at the school district level; include revenue generated
from
114.29third-party billings as special education revenue in the annual cross-subsidy report;
and
114.30exclude third-party revenue from calculation of excess cost aid to the districts.
114.31EFFECTIVE DATE.This section is effective for revenue for fiscal year 2018 and later.
114.32 Sec. 7. Minnesota Statutes 2016, section 256B.0625, subdivision 26, is amended to read:
114.33 Subd. 26.
Special education services. (a) Medical assistance covers
evaluations necessary
114.34in making a determination for eligibility for individualized education program and
115.1individualized family service plan services and for medical services identified in a recipient's
115.2individualized education program
and individualized family service plan and covered under
115.3the medical assistance state plan. Covered services include occupational therapy,
physical
115.4therapy, speech-language therapy, clinical psychological services, nursing services,
school
115.5psychological services, school social work services, personal care assistants serving
as
115.6management aides, assistive technology devices, transportation services, health assessments,
115.7and other services covered under the medical assistance state plan. Mental health
services
115.8eligible for medical assistance reimbursement must be provided or coordinated through
a
115.9children's mental health collaborative where a collaborative exists if the child is
included
115.10in the collaborative operational target population. The provision or coordination
of services
115.11does not require that the individualized education program be developed by the collaborative.
115.12The services may be provided by a Minnesota school district that is enrolled as a
medical
115.13assistance provider or its subcontractor, and only if the services meet all the requirements
115.14otherwise applicable if the service had been provided by a provider other than a school
115.15district, in the following areas: medical necessity, physician's orders, documentation,
115.16personnel qualifications, and prior authorization requirements. The nonfederal share
of costs
115.17for services provided under this subdivision is the responsibility of the local school
district
115.18as provided in section
125A.74. Services listed in a child's individualized education program
115.19are eligible for medical assistance reimbursement only if those services meet criteria
for
115.20federal financial participation under the Medicaid program.
115.21(b) Approval of health-related services for inclusion in the individualized education
115.22program does not require prior authorization for purposes of reimbursement under this
115.23chapter. The commissioner may require physician review and approval of the plan not
more
115.24than once annually or upon any modification of the individualized education program
that
115.25reflects a change in health-related services.
115.26(c) Services of a speech-language pathologist provided under this section are covered
115.27notwithstanding Minnesota Rules, part 9505.0390, subpart 1, item L, if the person:
115.28(1) holds a masters degree in speech-language pathology;
115.29(2) is licensed by the Minnesota Board of Teaching as an educational speech-language
115.30pathologist; and
115.31(3) either has a certificate of clinical competence from the American Speech and Hearing
115.32Association, has completed the equivalent educational requirements and work experience
115.33necessary for the certificate or has completed the academic program and is acquiring
115.34supervised work experience to qualify for the certificate.
116.1(d) Medical assistance coverage for medically necessary services provided under other
116.2subdivisions in this section may not be denied solely on the basis that the same or
similar
116.3services are covered under this subdivision.
116.4(e) The commissioner shall develop and implement package rates, bundled rates, or
per
116.5diem rates for special education services under which separately covered services
are grouped
116.6together and billed as a unit in order to reduce administrative complexity.
116.7(f) The commissioner shall develop a cost-based payment structure for payment of these
116.8services. Only costs reported through the designated Minnesota Department of Education
116.9data systems in distinct service categories qualify for inclusion in the cost-based
payment
116.10structure. The commissioner shall reimburse claims submitted based on an interim rate,
and
116.11shall settle at a final rate once the department has determined it. The commissioner
shall
116.12notify the school district of the final rate. The school district has 60 days to appeal
the final
116.13rate. To appeal the final rate, the school district shall file a written appeal request
to the
116.14commissioner within 60 days of the date the final rate determination was mailed. The
appeal
116.15request shall specify (1) the disputed items and (2) the name and address of the person
to
116.16contact regarding the appeal.
116.17(g) Effective July 1, 2000, medical assistance services provided under an individualized
116.18education program or an individual family service plan by local school districts shall
not
116.19count against medical assistance authorization thresholds for that child.
116.20(h) Nursing services as defined in section
148.171, subdivision 15, and provided as an
116.21individualized education program health-related service, are eligible for medical
assistance
116.22payment if they are otherwise a covered service under the medical assistance program.
116.23Medical assistance covers the administration of prescription medications by a licensed
nurse
116.24who is employed by or under contract with a school district when the administration
of
116.25medications is identified in the child's individualized education program. The simple
116.26administration of medications alone is not covered under medical assistance when
116.27administered by a provider other than a school district or when it is not identified
in the
116.28child's individualized education program.
116.29EFFECTIVE DATE.This section is effective August 1, 2017.
116.30 Sec. 8. Laws 2016, chapter 189, article 25, section 62, subdivision 17, is amended to read:
116.31 Subd. 17.
Southwest Minnesota State University special education teacher education
116.32program. (a) For the Southwest Minnesota State University special education teacher
117.1education program to support Minnesota
resident residents working toward licensure in an
117.2online program, including persons currently employed as:
117.3(1) special education paraprofessionals
working toward licensure in an online program;
117.4(2) teachers without a special education license working on a variance; or
117.5(3) individuals teaching with a community expert license:
117.6
117.7
|
|
$
|
385,000
132,000
|
.....
|
2017
|
117.8
|
|
$
|
253,000
|
.....
|
2018
|
117.9The base for this program in fiscal year 2018 is $0. (b) The 2018 appropriation is available
117.10until June 30, 2019.
117.11(c) $253,000 of the $385,000 appropriation in Laws 2016, chapter 189, article 25,
section
117.1262, subdivision 17, is canceled to the state general fund on June 30, 2017.
117.13EFFECTIVE DATE.This section is effective retroactively to July 1, 2016.
117.14 Sec. 9.
SPECIAL EDUCATION ASSISTIVE TECHNOLOGY STUDY.
117.15 Subdivision 1. Study. The commissioner of education must examine the use of assistive
117.16technology in Minnesota school districts. The commissioner may examine financial data,
117.17survey school officials, and use other methods to collect data on the use of assistive
117.18technology by Minnesota's students. The commissioner must consult with the Minnesota
117.19Assistive Technology Advisory Council and other interested organizations to determine
the
117.20scope and focus of the study.
117.21 Subd. 2. Data reporting. The commissioner must examine the federally required uniform
117.22financial accounting and reporting standards object codes, and if necessary, recommend
117.23changes to better capture school district spending on assistive technology. The commissioner
117.24must examine approaches to collecting additional student level assistive technology
data
117.25through the electronic data reporting system.
117.26 Subd. 3. Assistive technology manual. The commissioner must examine the department's
117.27assistive technology manual, and determine whether to prepare a revised manual.
117.28 Subd. 4. Report. The commissioner of education must report to the legislative committees
117.29having jurisdiction over kindergarten through grade 12 education by February 15, 2018,
on
117.30the use of assistive technology by Minnesota's students and recommend statutory changes
117.31to encourage individualized education programs and individualized family service plans
to
117.32incorporate a child-centered assistive technology plan.
118.1 Sec. 10.
APPROPRIATIONS.
118.2 Subdivision 1. Department of Education. The sums indicated in this section are
118.3appropriated from the general fund to the Department of Education for the fiscal years
118.4designated.
118.5 Subd. 2. Special education; regular. For special education aid under Minnesota Statutes,
118.6section 125A.75:
118.7
|
|
$
|
1,340,361,000
|
.....
|
2018
|
118.8
|
|
$
|
1,427,629,000
|
.....
|
2019
|
118.9The 2018 appropriation includes $156,403,000 for 2017 and $1,183,958,000 for 2018.
118.10The 2019 appropriation includes $166,667,000 for 2018 and $1,260,962,000 for 2019.
118.11 Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes, section
118.12125A.75, subdivision 3, for children with disabilities placed in residential facilities
within
118.13the district boundaries for whom no district of residence can be determined:
118.14
|
|
$
|
1,597,000
|
.....
|
2018
|
118.15
|
|
$
|
1,830,000
|
.....
|
2019
|
118.16If the appropriation for either year is insufficient, the appropriation for the other
year is
118.17available.
118.18 Subd. 4. Travel for home-based services. For aid for teacher travel for home-based
118.19services under Minnesota Statutes, section 125A.75, subdivision 1:
118.20
|
|
$
|
508,000
|
.....
|
2018
|
118.21
|
|
$
|
532,000
|
.....
|
2019
|
118.22The 2018 appropriation includes $48,000 for 2017 and $460,000 for 2018.
118.23The 2019 appropriation includes $51,000 for 2018 and $481,000 for 2019.
118.24 Subd. 5. Court-placed special education revenue. For reimbursing serving school
118.25districts for unreimbursed eligible expenditures attributable to children placed in
the serving
118.26school district by court action under Minnesota Statutes, section 125A.79, subdivision
4:
118.27
|
|
$
|
46,000
|
.....
|
2018
|
118.28
|
|
$
|
47,000
|
.....
|
2019
|
118.29 Subd. 6. Special education out-of-state tuition. For special education out-of-state
118.30tuition under Minnesota Statutes, section 125A.79, subdivision 8:
118.31
|
|
$
|
250,000
|
.....
|
2018
|
118.32
|
|
$
|
250,000
|
.....
|
2019
|
119.1 Sec. 11.
REPEALER.
119.2Minnesota Statutes 2016, sections 125A.75, subdivision 7; and 125A.76, subdivision
119.32b, are repealed effective for fiscal year 2018 and later.
119.5FACILITIES AND TECHNOLOGY
119.6 Section 1. Minnesota Statutes 2016, section 123A.73, subdivision 2, is amended to read:
119.7 Subd. 2.
Involuntary Dissolution; referendum revenue. As of the effective date of
119.8the
voluntary or involuntary dissolution of a district and its attachment to one or more
119.9existing districts pursuant to sections
123A.60 or
123A.64 to
123A.72, the authorization
119.10for any referendum revenue previously approved by the voters of the dissolved district
in
119.11that district pursuant to section
126C.17, subdivision 9, or its predecessor or successor
119.12provision, is canceled. The authorization for any referendum revenue previously approved
119.13by the voters of a district to which all or part of the dissolved district is attached
shall not
119.14be affected by the attachment and shall apply to the entire area of the district as
enlarged
119.15by the attachment.
119.16EFFECTIVE DATE.This section is effective retroactively to January 1, 2017.
119.17 Sec. 2. Minnesota Statutes 2016, section 123B.71, subdivision 11, is amended to read:
119.18 Subd. 11.
Review of proposals. In reviewing each proposal, the commissioner shall
119.19submit to the school board, within 60 days of receiving the proposal, the review and
comment
119.20about the educational and economic advisability of the project.
The commissioner must
119.21include comments from citizens in the school district about the proposal in question.
The
119.22review and comment shall be based on information submitted with the proposal and other
119.23information the commissioner determines is necessary. If the commissioner submits
a
119.24negative review and comment for a portion of a proposal, the review and comment shall
119.25clearly specify which portion of the proposal received a negative review and comment
and
119.26which portion of the proposal received a positive review and comment.
119.27 Sec. 3. Minnesota Statutes 2016, section 123B.71, subdivision 12, is amended to read:
119.28 Subd. 12.
Publication. (a) At least 20 days but not more than 60 days before a referendum
119.29for bonds or solicitation of bids for a project that has received a positive or unfavorable
119.30review and comment under section
123B.70, the school board shall publish a summary of
119.31the commissioner's review and comment of that project in the legal newspaper of the
district.
120.1The school board must also hold a public meeting to go over the details of the commissioner's
120.2review and comment before the bond election is held. Supplementary information shall be
120.3available to the public.
120.4(b) The publication requirement in paragraph (a) does not apply to alternative facilities
120.5projects approved under section
123B.59.
120.6 Sec. 4. Minnesota Statutes 2016, section 126C.55, subdivision 1, is amended to read:
120.7 Subdivision 1.
Definitions. (a) For the purposes of this section,
the term "debt obligation"
120.8means:
120.9 (1) a certificate of indebtedness issued under section
126C.52;
120.10 (2) a certificate of participation issued under section
126C.40, subdivision 6; or
120.11 (3) a general obligation bond.
120.12 (b) To be eligible for state payment under this section, a debt obligation for a project
120.13requiring review and comment under section 123B.71, subdivision 8, must only be spent
120.14on purposes consistent with the information required under section 123B.71, subdivision
120.159, clause (4).
120.16 Sec. 5. Minnesota Statutes 2016, section 475.58, subdivision 4, is amended to read:
120.17 Subd. 4.
Proper use of bond proceeds. (a) The proceeds of obligations issued after
120.18approval of the electors under this section may only be spent: (1) for the purposes
stated in
120.19the ballot language; or (2) to pay, redeem, or defease obligations and interest, penalties,
120.20premiums, and costs of issuance of the obligations. The proceeds may not be spent
for a
120.21different purpose or for an expansion of the original purpose without the approval
by a
120.22majority of the electors voting on the question of changing or expanding the purpose
of the
120.23obligations.
120.24(b) In addition to the requirements under paragraph (a), the proceeds of obligations
120.25issued by a school district under this section for a project requiring review and
comment
120.26under section 123B.71, subdivision 8, must only be spent on purposes consistent with
the
120.27information required under section 123B.71, subdivision 9, clause (4).
120.28EFFECTIVE DATE.This section is effective July 1, 2017.
121.1 Sec. 6. Laws 2016, chapter 189, article 30, section 25, subdivision 5, is amended to read:
121.2 Subd. 5.
Early repayment aid incentive. (a) For incentive grants for a district that
121.3repays the full outstanding original principal on its capital loan by November 30,
2016,
121.4under Laws 2011, First Special Session chapter 11, article 4, section 8, as amended
by this
121.5act:
121.6
121.7
|
|
$
|
2,200,000
2,350,000
|
.....
|
2017
|
121.8(b) Of this amount,
$150,000 is for a grant to Independent School District No. 36,
121.9Kelliher; $180,000 is for a grant to Independent School District No. 95, Cromwell; $495,000
121.10is for a grant to Independent School District No. 299, Caledonia; $220,000 is for
a grant to
121.11Independent School District No. 306, Laporte; $150,000 is for a grant to Independent
School
121.12District No. 362, Littlefork; $650,000 is for a grant to Independent School District
No. 682,
121.13Roseau; and $505,000 is for a grant to Independent School District No. 2580, East
Central.
121.14(c) The grant may be used for any school-related purpose.
121.15(d) The base appropriation for 2022 is zero.
121.16EFFECTIVE DATE.This section is effective the day following final enactment.
121.17 Sec. 7.
DISPOSITION OF CROSSWINDS SCHOOL; PROCEEDS OF SALE.
121.18 Subdivision 1. Disposition of Crosswinds school property. (a) Notwithstanding the
121.19appropriation of state general obligation bond proceeds in Laws 1998, chapter 404,
section
121.205, subdivision 5; Laws 1999, chapter 240, article 1, section 3; Laws 2000, chapter
492,
121.21article 1, section 5, subdivision 2; Laws 2001, First Special Session chapter 12,
section 2,
121.22subdivision 2; and Laws 2005, chapter 20, article 1, section 5, subdivision 3, to
acquire and
121.23better the Crosswinds school facilities by the Joint Powers District No. 6067, East
Metro
121.24Integration District, in Woodbury, the Crosswinds school may be conveyed or sold by
the
121.25commissioner of administration to a buyer on the open market.
121.26(b) As soon as practicable following July 1, 2017, and consistent with Minnesota Statutes,
121.27sections 16A.695 and 16B.281 to 16B.298, and constraints on the disposition of
121.28bond-financed property, the commissioner of administration shall offer the Crosswinds
121.29school property for sale for no less than fair market value. Before offering the
Crosswinds
121.30school property for sale, the commissioner of administration must determine that the
property
121.31is no longer needed to carry out the governmental program for which it was acquired
or
121.32constructed.
122.1 Subd. 2. Proceeds of sale of Crosswinds school. If the sale of the Crosswinds school
122.2and deposit of sale proceeds in the state bond fund would reduce the amount of the
required
122.3transfer from the general fund to the state bond fund under Minnesota Statutes, section
122.416A.641, subdivision 10, on the December 1 following the sale, an amount equal to
the
122.5amount of the reduction in the required transfer is appropriated from the general
fund to the
122.6Teachers Retirement Association in fiscal year 2019.
122.7EFFECTIVE DATE.This section is effective July 1, 2017.
122.8 Sec. 8.
TRANSITION REQUIREMENTS; CROSSWINDS SCHOOL.
122.9 Subdivision 1. Student enrollment. Any student enrolled in the Crosswinds school
122.10during the 2016-2017 school year may continue to enroll in the Crosswinds school in
any
122.11subsequent year that a school district or charter school operates a school at that
site.
122.12 Subd. 2. Compensatory revenue; literacy aid; alternative compensation revenue.
122.13For the 2017-2018 school year only, for a school district or charter school enrolling
pupils
122.14at the Crosswinds school, the Department of Education must calculate compensatory
revenue,
122.15literacy aid, and alternative compensation revenue for the Crosswinds school based
on the
122.16October 1, 2016, enrollment counts at that site.
122.17EFFECTIVE DATE.This section is effective July 1, 2017.
122.18 Sec. 9.
APPROPRIATIONS.
122.19 Subdivision 1. Department of Education. The sums indicated in this section are
122.20appropriated from the general fund to the Department of Education for the fiscal years
122.21designated.
122.22 Subd. 2. Debt service equalization aid. For debt service equalization aid under
122.23Minnesota Statutes, section 123B.53, subdivision 6:
122.24
|
|
$
|
22,081,000
|
.....
|
2018
|
122.25
|
|
$
|
19,422,000
|
.....
|
2019
|
122.26The 2018 appropriation includes $2,044,000 for 2017 and $20,037,000 for 2018.
122.27The 2019 appropriation includes $2,226,000 for 2018 and $17,196,000 for 2019.
122.28 Subd. 3. Long-term facilities maintenance equalized aid. For long-term facilities
122.29maintenance equalized aid under Minnesota Statutes, section 123B.595, subdivision
9:
122.30
|
|
$
|
80,179,000
|
.....
|
2018
|
122.31
|
|
$
|
103,460,000
|
.....
|
2019
|
123.1The 2018 appropriation includes $5,814,000 for 2017 and $74,365,000 for 2018.
123.2The 2019 appropriation includes $8,261,000 for 2018 and $95,199,000 for 2019.
123.3 Subd. 4. Equity in telecommunications access. For equity in telecommunications
123.4access:
123.5
|
|
$
|
3,750,000
|
.....
|
2018
|
123.6
|
|
$
|
3,750,000
|
.....
|
2019
|
123.7If the appropriation amount is insufficient, the commissioner shall reduce the
123.8reimbursement rate in Minnesota Statutes, section 125B.26, subdivisions 4 and 5, and
the
123.9revenue for fiscal years 2018 and 2019 shall be prorated.
123.10Any balance in the first year does not cancel but is available in the second year.
123.11 Subd. 5. Early repayment aid incentive. (a) For incentive grants for a district that
123.12repays the full outstanding original principal on its capital loan by November 30,
2016,
123.13under Laws 2011, First Special Session chapter 11, article 4, section 8, as amended
by Laws
123.142016, chapter 189, article 30, section 22:
123.15
|
|
$
|
2,350,000
|
.....
|
2018
|
123.16
|
|
$
|
2,350,000
|
.....
|
2019
|
123.17(b) Of this amount, $150,000 is for a grant to Independent School District No. 36,
123.18Kelliher; $180,000 is for a grant to Independent School District No. 95, Cromwell;
$495,000
123.19is for a grant to Independent School District No. 299, Caledonia; $220,000 is for
a grant to
123.20Independent School District No. 306, Laporte; $150,000 is for a grant to Independent
School
123.21District No. 362, Littlefork; $650,000 is for a grant to Independent School District
No. 682,
123.22Roseau; and $505,000 is for a grant to Independent School District No. 2580, East
Central.
123.23(c) The grant may be used for any school-related purpose.
123.24(d) The base appropriation for 2022 is $0.
123.25 Sec. 10.
REPEALER.
123.26(a) Minnesota Statutes 2016, section 123A.73, subdivision 3, is repealed.
123.27(b) Minnesota Statutes 2016, sections 129C.10, subdivision 5a; and 129C.30, are repealed.
123.28EFFECTIVE DATE.Paragraph (a) is effective retroactively to January 1, 2017.
123.29Paragraph (b) is effective July 1, 2017.
124.3 Section 1.
APPROPRIATIONS.
124.4 Subdivision 1. Department of Education. The sums indicated in this section are
124.5appropriated from the general fund to the Department of Education for the fiscal years
124.6designated.
124.7 Subd. 2. School lunch. For school lunch aid under Minnesota Statutes, section 124D.111,
124.8and Code of Federal Regulations, title 7, section 210.17:
124.9
|
|
$
|
16,721,000
|
.....
|
2018
|
124.10
|
|
$
|
17,223,000
|
.....
|
2019
|
124.11 Subd. 3. School breakfast. For traditional school breakfast aid under Minnesota Statutes,
124.12section 124D.1158:
124.13
|
|
$
|
10,601,000
|
.....
|
2018
|
124.14
|
|
$
|
11,359,000
|
.....
|
2019
|
124.15 Subd. 4. Kindergarten milk. For kindergarten milk aid under Minnesota Statutes,
124.16section 124D.118:
124.17
|
|
$
|
758,000
|
.....
|
2018
|
124.18
|
|
$
|
758,000
|
.....
|
2019
|
124.19 Subd. 5. Summer school food service replacement aid. For summer school food service
124.20replacement aid under Minnesota Statutes, section 124D.119:
124.21
|
|
$
|
150,000
|
.....
|
2018
|
124.22
|
|
$
|
150,000
|
.....
|
2019
|
124.25 Section 1. Minnesota Statutes 2016, section 134.31, subdivision 2, is amended to read:
124.26 Subd. 2.
Advice and instruction. The Department of Education shall give advice and
124.27instruction to the managers of any public library or to any governing body maintaining
a
124.28library or empowered to do so by law upon any matter pertaining to the organization,
124.29maintenance, or administration of libraries. The department may also give advice and
124.30instruction, as requested, to postsecondary educational institutions,
public school districts
124.31or charter schools, state agencies, governmental units, nonprofit organizations, or private
124.32entities. It shall assist, to the extent possible, in the establishment and organization
of library
125.1service in those areas where adequate services do not exist, and may aid in improving
125.2previously established library services. The department shall also provide assistance
to
125.3school districts, regional library systems, and member libraries interested in offering
joint
125.4library services at a single location.
125.5 Sec. 2.
APPROPRIATIONS.
125.6 Subdivision 1. Department of Education. The sums indicated in this section are
125.7appropriated from the general fund to the Department of Education for the fiscal years
125.8designated.
125.9 Subd. 2. Basic system support. For basic system support aid under Minnesota Statutes,
125.10section 134.355:
125.11
|
|
$
|
13,570,000
|
.....
|
2018
|
125.12
|
|
$
|
13,570,000
|
.....
|
2019
|
125.13The 2018 appropriation includes $1,357,000 for 2017 and $12,213,000 for 2018.
125.14The 2019 appropriation includes $1,357,000 for 2018 and $12,213,000 for 2019.
125.15 Subd. 3. Multicounty, multitype library systems. For aid under Minnesota Statutes,
125.16sections 134.353 and 134.354, to multicounty, multitype library systems:
125.17
|
|
$
|
1,300,000
|
.....
|
2018
|
125.18
|
|
$
|
1,300,000
|
.....
|
2019
|
125.19The 2018 appropriation includes $130,000 for 2017 and $1,170,000 for 2018.
125.20The 2019 appropriation includes $130,000 for 2018 and $1,170,000 for 2019.
125.21 Subd. 4. Electronic library for Minnesota. For statewide licenses to online databases
125.22selected in cooperation with the Minnesota Office of Higher Education for school media
125.23centers, public libraries, state government agency libraries, and public or private
college or
125.24university libraries:
125.25
|
|
$
|
900,000
|
.....
|
2018
|
125.26
|
|
$
|
900,000
|
.....
|
2019
|
125.27Any balance in the first year does not cancel but is available in the second year.
125.28 Subd. 5. Regional library telecommunications aid. For regional library
125.29telecommunications aid under Minnesota Statutes, section 134.355:
125.30
|
|
$
|
2,300,000
|
.....
|
2018
|
125.31
|
|
$
|
2,300,000
|
.....
|
2019
|
126.1The 2018 appropriation includes $230,000 for 2017 and $2,070,000 for 2018.
126.2The 2019 appropriation includes $230,000 for 2018 and $2,070,000 for 2019.
126.4EARLY CHILDHOOD AND FAMILY SUPPORT
126.5 Section 1. Minnesota Statutes 2016, section 124D.165, subdivision 1, is amended to read:
126.6 Subdivision 1.
Establishment; purpose. There is established an early learning
126.7scholarships program in order to
increase close the opportunity gap by increasing access to
126.8high-quality early childhood programs for children
ages three from birth to
age five.
126.9EFFECTIVE DATE.This section is effective July 1, 2017.
126.10 Sec. 2. Minnesota Statutes 2016, section 124D.165, subdivision 2, is amended to read:
126.11 Subd. 2.
Family eligibility. (a) For a family to receive an early learning scholarship,
126.12parents or guardians must meet the following eligibility requirements:
126.13(1) have a child
three or four not yet five years of age on September 1 of the current
126.14school year, who has not yet started kindergarten; and
126.15(2) have income equal to or less than 185 percent of federal poverty level income
in the
126.16current calendar year, or be able to document their child's current participation
in the free
126.17and reduced-price lunch program or child and adult care food program, National School
126.18Lunch Act, United States Code, title 42, sections 1751 and 1766; the Food Distribution
126.19Program on Indian Reservations, Food and Nutrition Act, United States Code, title
7, sections
126.202011-2036; Head Start under the federal Improving Head Start for School Readiness
Act
126.21of 2007; Minnesota family investment program under chapter 256J; child care assistance
126.22programs under chapter 119B; the supplemental nutrition assistance program; or placement
126.23in foster care under section
260C.212.
126.24(b)
Notwithstanding the other provisions of this section, a parent under age 21 who is
126.25pursuing a high school or general education equivalency diploma is eligible for an
early
126.26learning scholarship if the parent has a child age zero to five years old and meets
the income
126.27eligibility guidelines in this subdivision.
126.28(c) Any siblings
between the ages zero to not yet five years
old of age of a child who
126.29has been awarded a scholarship under this section must be awarded a scholarship upon
126.30request, provided the sibling attends the same program as long as funds are available.
127.1(d) (c) A child who has received a scholarship under this section must continue to receive
127.2a scholarship each year until that child is eligible for kindergarten under section
120A.20
127.3and as long as funds are available.
127.4(e) (d) Early learning scholarships may not be counted as earned income for the purposes
127.5of medical assistance under chapter 256B, MinnesotaCare under chapter 256L, Minnesota
127.6family investment program under chapter 256J, child care assistance programs under
chapter
127.7119B, or Head Start under the federal Improving Head Start for School Readiness Act
of
127.82007.
127.9(f) (e) A child from an adjoining state whose family resides at a Minnesota address as
127.10assigned by the United States Postal Service, who has received developmental screening
127.11under sections
121A.16 to
121A.19, who intends to enroll in a Minnesota school district,
127.12and whose family meets the criteria of paragraph (a) is eligible for an early learning
127.13scholarship under this section.
127.14EFFECTIVE DATE.This section is effective July 1, 2017.
127.15 Sec. 3. Minnesota Statutes 2016, section 124D.165, subdivision 3, is amended to read:
127.16 Subd. 3.
Administration. (a) The commissioner shall establish application timelines
127.17and determine the schedule for awarding scholarships that meets operational needs
of eligible
127.18families and programs.
The commissioner must give highest priority to applications from
127.19children who:
127.20(1) have a parent under age 21 who is pursuing a high school or general education
127.21equivalency diploma;
127.22(2) are in foster care or otherwise in need of protection or services; or
127.23(3) have experienced homelessness in the last 24 months, as defined under the federal
127.24McKinney-Vento Homeless Assistance Act.
127.25The commissioner may prioritize applications on
additional factors including family
127.26income, geographic location, and whether the child's family is on a waiting list for
a publicly
127.27funded program providing early education or child care services.
127.28(b)
For fiscal years 2014 and 2015 only, scholarships may not exceed $5,000 per year
127.29for each eligible child. For fiscal year 2016 and later, the commissioner shall establish a
127.30target for the average scholarship amount per child based on the results of the rate
survey
127.31conducted under section
119B.02.
128.1(c) A four-star rated program that has children eligible for a scholarship enrolled
in or
128.2on a waiting list for a program beginning in July, August, or September may notify
the
128.3commissioner, in the form and manner prescribed by the commissioner, each year of
the
128.4program's desire to enhance program services or to serve more children than current
funding
128.5provides. The commissioner may designate a predetermined number of scholarship slots
128.6for that program and notify the program of that number. Beginning July 1, 2016, a
school
128.7district or Head Start program qualifying under this paragraph may use its established
128.8registration process to enroll scholarship recipients and may verify a scholarship
recipient's
128.9family income in the same manner as for other program participants.
128.10(d) A scholarship is awarded for a 12-month period. If the scholarship recipient has
not
128.11been accepted and subsequently enrolled in a rated program within ten months of the
128.12awarding of the scholarship, the scholarship cancels and the recipient must reapply
in order
128.13to be eligible for another scholarship. A child may not be awarded more than one scholarship
128.14in a 12-month period.
128.15(e) A child who receives a scholarship who has not completed development screening
128.16under sections
121A.16 to
121A.19 must complete that screening within 90 days of first
128.17attending an eligible program.
128.18(f) For fiscal year 2017 and later, a school district or Head Start program enrolling
128.19scholarship recipients under paragraph (c) may apply to the commissioner, in the form
and
128.20manner prescribed by the commissioner, for direct payment of state aid. Upon receipt
of
128.21the application, the commissioner must pay each program directly for each approved
128.22scholarship recipient enrolled under paragraph (c) according to the metered payment
system
128.23or another schedule established by the commissioner.
128.24 Sec. 4.
EARLY CHILDHOOD CARE AND EDUCATION PROGRAM STUDY.
128.25 Subdivision 1. Study authorized. (a) The Legislative Coordinating Commission must
128.26provide for a study of Minnesota early childhood care and education programs. The
128.27Legislative Coordinating Commission must use a request for proposal process to select
a
128.28consultant to conduct the study. The commissioners of education, human services, and
128.29health must make reasonable efforts to provide information consistent with the purpose
of
128.30the study and required recommendation elements of the study report under subdivision
2.
128.31(b) The selected consultant must consult with individuals or groups representing child
128.32care providers, early childhood special education programs, Head Start programs, voluntary
128.33prekindergarten programs, school readiness programs, early learning scholarship programs,
128.34community education programs, home-visiting programs, organizations and coalitions
129.1advocating to increase child access to high-quality early childhood care and education,
and
129.2families of children eligible for early childhood care and education programs. The
individuals
129.3and groups consulted must represent public and private, including faith-based, providers
of
129.4these services and programs.
129.5 Subd. 2. Report requirements. No later than January 15, 2018, the Legislative
129.6Coordinating Commission must deliver a report completed by the consultant under
129.7subdivision 1 to the chairs and ranking minority members of the legislative committees
129.8having jurisdiction over early childhood education, health, and human services. At
a
129.9minimum, the report must make recommendations relating to:
129.10(1) integrating state resources for child care assistance provided through the basic
sliding
129.11fee program under Minnesota Statutes, section 119B.03, and the Minnesota family investment
129.12program under Minnesota Statutes, chapter 256J;
129.13(2) aligning family income eligibility requirements for early childhood care and education
129.14programs under Minnesota Statutes, chapters 119B, 124D, and 256J;
129.15(3) coordinating outreach to families eligible to provide uniform notification about
129.16available program options;
129.17(4) reducing duplicative paperwork and administrative burden and increasing the stability
129.18of funding for families of children eligible for early childhood care and education
programs;
129.19(5) maximizing child care assistance program integrity and payment mechanisms to
129.20increase fund accountability and efficiency;
129.21(6) transferring powers and duties related to the quality rating and improvement system
129.22under Minnesota Statutes, section 124D.142;
129.23(7) providing for local and state information technology investments and data sharing
129.24agreements necessary to support a system of coordinated care and education;
129.25(8) coordinating internal and external evaluation of early childhood care and education
129.26programs to measure and report on their effectiveness and efficiency; and
129.27(9) transferring or consolidating powers and duties related to other early childhood
care
129.28and education programs currently administered by the Department of Education, the
129.29Department of Human Services, or the Department of Health.
130.1 Sec. 5.
APPROPRIATIONS.
130.2 Subdivision 1. Department of Education. The sums indicated in this section are
130.3appropriated from the general fund to the Department of Education for the fiscal years
130.4designated.
130.5 Subd. 2. School readiness. For revenue for school readiness programs under Minnesota
130.6Statutes, sections 124D.15 and 124D.16:
130.7
|
|
$
|
33,683,000
|
.....
|
2018
|
130.8
|
|
$
|
33,683,000
|
.....
|
2019
|
130.9The 2018 appropriation includes $3,368,000 for 2017 and $30,315,000 for 2018.
130.10The 2019 appropriation includes $3,368,000 for 2018 and $30,315,000 for 2019.
130.11 Subd. 3. Early learning scholarships. (a) For the early learning scholarship program
130.12under Minnesota Statutes, section 124D.165:
130.13
|
|
$
|
60,884,000
|
.....
|
2018
|
130.14
|
|
$
|
60,884,000
|
.....
|
2019
|
130.15Up to $950,000 each year is for administration of this program. Any balance in the
first
130.16year does not cancel but is available in the second year. The base appropriation for
fiscal
130.17year 2020 is $62,384,000.
130.18(b) Of these amounts, up to five percent in each year is for transfer to the commissioner
130.19of human services for expansion of the quality rating and improvement system under
130.20Minnesota Statutes, section 124D.142. The amount transferred under this paragraph
must
130.21be reduced by the amount of any federal funding under the childcare and development
block
130.22grant authorized under Public Law 101-508, in that year for the system under Minnesota
130.23Statutes, section 124D.142.
130.24 Subd. 4. Head Start program. For Head Start programs under Minnesota Statutes,
130.25section 119A.52:
130.26
|
|
$
|
25,100,000
|
.....
|
2018
|
130.27
|
|
$
|
25,100,000
|
.....
|
2019
|
130.28 Subd. 5. Early childhood family education aid. For early childhood family education
130.29aid under Minnesota Statutes, section 124D.135:
130.30
|
|
$
|
30,175,000
|
.....
|
2018
|
130.31
|
|
$
|
31,474,000
|
.....
|
2019
|
130.32The 2018 appropriation includes $2,904,000 for 2017 and $27,271,000 for 2018.
131.1The 2019 appropriation includes $3,030,000 for 2018 and $28,444,000 for 2019.
131.2 Subd. 6. Developmental screening aid. For developmental screening aid under
131.3Minnesota Statutes, sections 121A.17 and 121A.19:
131.4
|
|
$
|
3,606,000
|
.....
|
2018
|
131.5
|
|
$
|
3,629,000
|
.....
|
2019
|
131.6The 2018 appropriation includes $358,000 for 2017 and $3,248,000 for 2018.
131.7The 2019 appropriation includes $360,000 for 2018 and $3,269,000 for 2019.
131.8 Subd. 7. Parent-child home program. For a grant to the parent-child home program:
131.9
|
|
$
|
900,000
|
.....
|
2018
|
131.10
|
|
$
|
900,000
|
.....
|
2019
|
131.11 The grant must be used for an evidence-based and research-validated early childhood
131.12literacy and school readiness program for children ages 16 months to four years at
its existing
131.13suburban program location. The program must include urban and rural program locations
131.14for fiscal years 2018 and 2019.
131.15 The base appropriation for this program for fiscal year 2020 and later is $900,000.
131.16 The 2017 appropriation under Laws 2016, chapter 189, article 31, section 4, is available
131.17until June 30, 2019. To the extent practicable, the parent-child home program is encouraged
131.18to expend the fiscal year 2017 appropriation equally over fiscal years 2017, 2018,
and 2019.
131.19 Subd. 8. Kindergarten entrance assessment initiative and intervention program.
131.20For the kindergarten entrance assessment initiative and intervention program under
Minnesota
131.21Statutes, section 124D.162:
131.22
|
|
$
|
281,000
|
.....
|
2018
|
131.23
|
|
$
|
281,000
|
.....
|
2019
|
131.24 Subd. 9. Quality rating and improvement system. For transfer to the commissioner
131.25of human services for the purposes of expanding the quality rating and improvement
system
131.26under Minnesota Statutes, section 124D.142, in greater Minnesota and increasing supports
131.27for providers participating in the quality rating and improvement system:
131.28
|
|
$
|
1,750,000
|
.....
|
2018
|
131.29
|
|
$
|
1,750,000
|
.....
|
2019
|
131.30Any balance in the first year does not cancel but is available in the second year.
131.31The base appropriation for this program in fiscal year 2020 and later is $1,750,000.
132.1 Subd. 10. Early childhood programs at tribal schools. For early childhood family
132.2education programs at tribal contract schools under Minnesota Statutes, section 124D.83,
132.3subdivision 4:
132.4
|
|
$
|
68,000
|
.....
|
2018
|
132.5
|
|
$
|
68,000
|
.....
|
2019
|
132.6 Subd. 11. Educate parents partnership. For the educate parents partnership under
132.7Minnesota Statutes, section 124D.129:
132.8
|
|
$
|
49,000
|
.....
|
2018
|
132.9
|
|
$
|
49,000
|
.....
|
2019
|
132.10 Subd. 12. Home visiting aid. For home visiting aid under Minnesota Statutes, section
132.11124D.135:
132.12
|
|
$
|
527,000
|
.....
|
2018
|
132.13
|
|
$
|
571,000
|
.....
|
2019
|
132.14The 2018 appropriation includes $0 for 2017 and $527,000 for 2018. The 2019
132.15appropriation includes $58,000 for 2018 and $513,000 for 2019.
132.16 Sec. 6.
APPROPRIATION; EARLY CHILDHOOD CARE AND EDUCATION
132.17PROGRAM STUDY.
132.18$75,000 in fiscal year 2018 is appropriated from the general fund to the Legislative
132.19Coordinating Commission for the early childhood care and education program study.
132.21COMMUNITY EDUCATION AND PREVENTION
132.22 Section 1. Minnesota Statutes 2016, section 124D.19, is amended by adding a subdivision
132.23to read:
132.24 Subd. 13a. Community partnership coalition programs. (a) Each district operating a
132.25community education program under this section may establish a community partnership
132.26coalition program to support the collaborative work of school organizations and other
132.27community organizations that:
132.28(1) focus on achieving data-driven, locally controlled positive outcomes for children
132.29and youth throughout an entire neighborhood or geographic area;
132.30(2) deliver integrated, supportive services programs for children of all ages and
their
132.31families, including programs to address kindergarten readiness and youth development,
133.1grade 3 reading proficiency, grades 5 to 8 math proficiency, high school graduation,
133.2postsecondary enrollment and completion, remedial education reduction, career skills
and
133.3readiness, parental engagement and development, physical and mental health, and community
133.4engagement and programmatic alignment;
133.5(3) build a continuum of educational family and community supports with academically
133.6rigorous schools at the center;
133.7(4) maximize program efficiencies by integrating programmatic activities and eliminating
133.8administrative barriers;
133.9(5) develop local infrastructure needed to sustain and scale up proven and effective
133.10solutions beyond the initial neighborhood or geographic area; and
133.11(6) measure outcomes appropriate to unique community needs and interests and
133.12periodically conduct rigorous formative and summative program evaluations.
133.13(b) The district shall maintain a separate account within the community services fund
133.14for all funds related to the community partnership coalition program.
133.15EFFECTIVE DATE.This section is effective July 1, 2017.
133.16 Sec. 2. Minnesota Statutes 2016, section 124D.20, subdivision 8, is amended to read:
133.17 Subd. 8.
Uses of general revenue. (a) General community education revenue may be
133.18used for:
133.19(1) nonvocational, recreational, and leisure time activities and programs;
133.20(2) programs for adults with disabilities, if the programs and budgets are approved
by
133.21the department;
133.22(3) adult basic education programs, according to section
124D.52;
133.23(4) summer programs for elementary and secondary pupils;
133.24(5) implementation of a youth development plan;
133.25(6) implementation of a youth service program;
133.26(7) early childhood family education programs, according to section
124D.13;
133.27(8) school readiness programs, according to section
124D.15;
and
133.28(9) school-age care programs, according to section
124D.19, subdivision 11; and
133.29(10) community partnerships coalition programs, according to section 124D.19,
133.30subdivision 13a.
134.1(b) In addition to money from other sources, a district may use up to ten percent
of its
134.2community education revenue for equipment that is used exclusively in community education
134.3programs. This revenue may be used only for the following purposes:
134.4(1) to purchase or lease computers and related materials;
134.5(2) to purchase or lease equipment for instructional programs; and
134.6(3) to purchase textbooks and library books.
134.7(c) General community education revenue must not be used to subsidize the direct activity
134.8costs for adult enrichment programs. Direct activity costs include, but are not limited
to,
134.9the cost of the activity leader or instructor, cost of materials, or transportation
costs.
134.10(d) A school district operating a community partnerships coalition program under section
134.11124D.19, subdivision 13a, may apply to the commissioner for a grant in the form and
manner
134.12specified by the commissioner. The commissioner may award grants to applicant districts
134.13in an amount not to exceed $200,000 per district per fiscal year.
134.14EFFECTIVE DATE.This section is effective July 1, 2017.
134.15 Sec. 3.
APPROPRIATIONS.
134.16 Subdivision 1. Department of Education. The sums indicated in this section are
134.17appropriated from the general fund to the Department of Education for the fiscal years
134.18designated.
134.19 Subd. 2. Community education aid. For community education aid under Minnesota
134.20Statutes, section 124D.20:
134.21
|
|
$
|
483,000
|
.....
|
2018
|
134.22
|
|
$
|
393,000
|
.....
|
2019
|
134.23The 2018 appropriation includes $53,000 for 2017 and $430,000 for 2018.
134.24The 2019 appropriation includes $47,000 for 2018 and $346,000 for 2019.
134.25 Subd. 3. Adults with disabilities program aid. For adults with disabilities programs
134.26under Minnesota Statutes, section 124D.56:
134.27
|
|
$
|
710,000
|
.....
|
2018
|
134.28
|
|
$
|
710,000
|
.....
|
2019
|
134.29The 2018 appropriation includes $71,000 for 2017 and $639,000 for 2018.
134.30The 2019 appropriation includes $71,000 for 2018 and $639,000 for 2019.
135.1 Subd. 4. Hearing-impaired adults. For programs for hearing-impaired adults under
135.2Minnesota Statutes, section 124D.57:
135.3
|
|
$
|
70,000
|
.....
|
2018
|
135.4
|
|
$
|
70,000
|
.....
|
2019
|
135.5 Subd. 5. School-age care aid. For school-age care aid under Minnesota Statutes, section
135.6124D.22:
135.7
|
|
$
|
1,000
|
.....
|
2018
|
135.8
|
|
$
|
1,000
|
.....
|
2019
|
135.9The 2018 appropriation includes $0 for 2017 and $1,000 for 2018.
135.10The 2019 appropriation includes $0 for 2018 and $1,000 for 2019.
135.11 Subd. 6. Community partnerships coalition program grants. (a) For community
135.12partnerships coalition program grants:
135.13
|
|
$
|
1,200,000
|
.....
|
2018
|
135.14
|
|
$
|
1,200,000
|
.....
|
2019
|
135.15(b) For fiscal year 2018 only, the commissioner must award a grant equaling at least
135.16$177,000 to the school district that is in a collaborative partnership with the Northfield
135.17Healthy Community Initiative in Northfield, the school district that is in a collaborative
135.18partnership with the Jones Family Foundation for the Every Hand Joined program in
Red
135.19Wing, and the school district that is in a collaborative partnership with the United
Way of
135.20Central Minnesota for the Partners for Student Success program.
135.21(c) The base appropriation for fiscal year 2020 and later is $1,200,000.
135.22 Subd. 7. Northside Achievement Zone. For a grant to the Northside Achievement Zone:
135.23
|
|
$
|
600,000
|
.....
|
2018
|
135.24
|
|
$
|
600,000
|
.....
|
2019
|
135.25Funds appropriated in this section are to reduce multigenerational poverty and the
135.26educational achievement gap through increased enrollment of families within the zone
and
135.27may be used for Northside Achievement Zone programming and services consistent with
135.28federal Promise Neighborhood program agreements and requirements.
135.29The base appropriation for this program in fiscal year 2020 and later is $600,000.
135.30 Subd. 8. St. Paul Promise Neighborhood. For a grant to the St. Paul Promise
135.31Neighborhood:
136.1
|
|
$
|
600,000
|
.....
|
2018
|
136.2
|
|
$
|
600,000
|
.....
|
2019
|
136.3Funds appropriated in this section are to reduce multigenerational poverty and the
136.4educational achievement gap through increased enrollment of families within the zone,
and
136.5may be used for St. Paul Promise Neighborhood programming and services consistent
with
136.6federal Promise Neighborhood program agreements and requirements.
136.7The base appropriation for this program in fiscal year 2020 and later is $600,000.
136.9SELF-SUFFICIENCY AND LIFELONG LEARNING
136.10 Section 1. Minnesota Statutes 2016, section 124D.52, subdivision 7, is amended to read:
136.11 Subd. 7.
Performance tracking system. (a) By July 1, 2000, each approved adult basic
136.12education program must develop and implement a performance tracking system to provide
136.13information necessary to comply with federal law and serve as one means of assessing
the
136.14effectiveness of adult basic education programs. For required reporting, longitudinal
studies,
136.15and program improvement, the tracking system must be designed to collect data on the
136.16following core outcomes for learners, including English learners, who have completed
136.17participating in the adult basic education program:
136.18(1) demonstrated improvements in literacy skill levels in reading, writing, speaking
the
136.19English language, numeracy, problem solving, English language acquisition, and other
136.20literacy skills;
136.21(2) placement in, retention in, or completion of postsecondary education, training,
136.22unsubsidized employment, or career advancement;
136.23(3) receipt of a secondary school diploma or its recognized equivalent; and
136.24(4) reduction in participation in the diversionary work program, Minnesota family
136.25investment program
, and food support education and training program.
136.26(b) A district, group of districts, state agency, or private nonprofit organization
providing
136.27an adult basic education program may meet this requirement by developing a tracking
system
136.28based on either or both of the following methodologies:
136.29(1) conducting a reliable follow-up survey; or
136.30(2) submitting student information, including
collected Social Security numbers for data
136.31matching.
137.1Data related to obtaining employment must be collected in the first quarter following
137.2program completion or can be collected while the student is enrolled, if known. Data
related
137.3to employment retention must be collected in the third quarter following program exit. Data
137.4related to any
other of the specified
outcome outcomes may be collected at any time during
137.5a program year.
137.6(c) When a student in a program is requested to provide the student's Social Security
137.7number, the student must be notified in a written form easily understandable to the
student
137.8that:
137.9(1) providing the Social Security number is optional and no adverse action may be
taken
137.10against the student if the student chooses not to provide the Social Security number;
137.11(2) the request is made under section
124D.52, subdivision 7;
137.12(3) if the student provides the Social Security number, it will be used to assess
the
137.13effectiveness of the program by tracking the student's subsequent career; and
137.14(4) the Social Security number will be shared with the Department of Education;
137.15Minnesota State Colleges and Universities; Office of Higher Education; Department
of
137.16Human Services; and Department of Employment and Economic Development in order to
137.17accomplish the purposes described in paragraph (a) and will not be used for any other
137.18purpose or reported to any other governmental entities.
137.19(d) Annually a district, group of districts, state agency, or private nonprofit organization
137.20providing programs under this section must forward the tracking data collected to
the
137.21Department of Education. For the purposes of longitudinal studies on the employment
status
137.22of former students under this section, the Department of Education must forward the
Social
137.23Security numbers to the Department of Employment and Economic Development to
137.24electronically match the Social Security numbers of former students with wage detail
reports
137.25filed under section
268.044. The results of data matches must, for purposes of this section
137.26and consistent with the requirements of the
United States Code, title 29, section 2871, of
137.27the Workforce Investment Act of 1998 Workforce Innovation and Opportunity Act, be
137.28compiled in a longitudinal form by the Department of Employment and Economic
137.29Development and released to the Department of Education in the form of summary data
137.30that does not identify the individual students. The Department of Education may release
137.31this summary data. State funding for adult basic education programs must not be based
on
137.32the number or percentage of students who decline to provide their Social Security
numbers
137.33or on whether the program is evaluated by means of a follow-up survey instead of data
137.34matching.
138.1 Sec. 2. Minnesota Statutes 2016, section 124D.549, is amended to read:
138.2124D.549 GENERAL EDUCATION DEVELOPMENT (GED) TESTS RULES;
138.3COMMISSIONER COMMISSIONER-SELECTED HIGH SCHOOL EQUIVALENCY
138.4TEST.
138.5The commissioner
may amend rules to reflect changes in the national minimum standard
138.6score for passing the general education development (GED)tests, in consultation with adult
138.7basic education stakeholders, must select a high school equivalency test. The commissioner
138.8may issue a high school equivalency diploma to a Minnesota resident 19 years of age
or
138.9older who has not earned a high school diploma, who has not previously been issued
a GED,
138.10and who has exceeded or achieved a minimum passing score on the equivalency test
138.11established by the publisher. The commissioner of education may waive the minimum
age
138.12requirement if supportive evidence is provided by an employer or a recognized education
138.13or rehabilitation provider.
138.14 Sec. 3. Minnesota Statutes 2016, section 124D.55, is amended to read:
138.15124D.55 GENERAL EDUCATION DEVELOPMENT (GED)
138.16COMMISSIONER-SELECTED HIGH SCHOOL EQUIVALENCY TEST FEES.
138.17 The commissioner shall pay 60 percent of the fee that is charged to an eligible individual
138.18for the full battery of
general education development (GED) the commissioner-selected
138.19high school equivalency tests, but not more than $40 for an eligible individual.
138.20For fiscal year 2017 only, the commissioner shall pay 100 percent of the fee charged
to
138.21an eligible individual for the full battery of
general education development (GED) the
138.22commissioner-selected high school equivalency tests, but not more than the cost of one full
138.23battery of tests per year for any individual.
138.24 Sec. 4. Minnesota Statutes 2016, section 256J.08, subdivision 38, is amended to read:
138.25 Subd. 38.
Full-time student. "Full-time student" means a person who is enrolled in a
138.26graded or ungraded primary, intermediate, secondary,
GED commissioner of
138.27education-selected high school equivalency preparatory, trade, technical, vocational, or
138.28postsecondary school, and who meets the school's standard for full-time attendance.
138.29 Sec. 5. Minnesota Statutes 2016, section 256J.08, subdivision 39, is amended to read:
138.30 Subd. 39.
General educational development or GED Commissioner of
138.31education-selected high school equivalency. "General educational development" or "GED"
139.1"Commissioner of education-selected high school equivalency" means the
general educational
139.2development high school equivalency certification issued by the commissioner of education
139.3as an equivalent to a secondary school diploma
under Minnesota Rules, part 3500.3100,
139.4subpart 4.
139.5 Sec. 6.
APPROPRIATIONS.
139.6 Subdivision 1. Department of Education. The sums indicated in this section are
139.7appropriated from the general fund to the Department of Education for the fiscal years
139.8designated.
139.9 Subd. 2. Adult basic education aid. For adult basic education aid under Minnesota
139.10Statutes, section 124D.531:
139.11
|
|
$
|
50,010,000
|
.....
|
2018
|
139.12
|
|
$
|
51,497,000
|
.....
|
2019
|
139.13The 2018 appropriation includes $4,881,000 for 2017 and $45,129,000 for 2018.
139.14The 2019 appropriation includes $5,014,000 for 2018 and $46,483,000 for 2019.
139.15 Subd. 3. High school equivalency tests. For payment of 60 percent of the costs of the
139.16commissioner-selected high school equivalency tests under Minnesota Statutes, section
139.17124D.55:
139.18
|
|
$
|
125,000
|
.....
|
2018
|
139.19
|
|
$
|
125,000
|
.....
|
2019
|
139.20 Sec. 7.
REVISOR'S INSTRUCTION.
139.21In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall substitute
the
139.22term "commissioner-selected high school equivalency" or similar term for "general
education
139.23development," "GED," or similar terms for wherever the term refers to the tests or
programs
139.24leading to a certification issued by the commissioner of education as an equivalency
to a
139.25secondary diploma.
139.26 Sec. 8.
REPEALER.
139.27Minnesota Rules, part 3500.3100, subpart 4, is repealed.
139.30 Section 1. Minnesota Statutes 2016, section 120B.363, subdivision 1, is amended to read:
140.1 Subdivision 1.
Rulemaking. The
Professional Educator Licensing and Standards Board
140.2of Teaching must adopt rules to implement a statewide credential for education
140.3paraprofessionals who assist a licensed teacher in providing student instruction.
Any
140.4paraprofessional holding this credential or working in a local school district after
meeting
140.5a state-approved local assessment is considered to be highly qualified under federal
law.
140.6Under this subdivision, the
Professional Educator Licensing and Standards Board
of
140.7Teaching, in consultation with the commissioner, must adopt qualitative criteria for approving
140.8local assessments that include an evaluation of a paraprofessional's knowledge of
reading,
140.9writing, and math and the paraprofessional's ability to assist in the instruction
of reading,
140.10writing, and math. The commissioner must approve or disapprove local assessments using
140.11these criteria. The commissioner must make the criteria available to the public.
140.12EFFECTIVE DATE.This section is effective July 1, 2018.
140.13 Sec. 2. Minnesota Statutes 2016, section 122A.06, subdivision 2, is amended to read:
140.14 Subd. 2.
Teacher. "Teacher" means a classroom teacher or other similar professional
140.15employee required to hold a license from the
Professional Educator Licensing and Standards
140.16Board
of Teaching.
140.17EFFECTIVE DATE.This section is effective January 1, 2018.
140.18 Sec. 3. Minnesota Statutes 2016, section 122A.06, subdivision 3, is amended to read:
140.19 Subd. 3.
Board. "Board" means the
Professional Educator Licensing and Standards
140.20Board
of Teaching.
140.21EFFECTIVE DATE.This section is effective January 1, 2018.
140.22 Sec. 4. Minnesota Statutes 2016, section 122A.07, is amended to read:
140.23122A.07 BOARD OF TEACHING PROFESSIONAL EDUCATOR LICENSING
140.24AND STANDARDS BOARD MEMBERSHIP.
140.25 Subdivision 1.
Appointment of members. The
Professional Educator Licensing and
140.26Standards Board
of Teaching consists of
11 nine members appointed by the governor, with
140.27the advice and consent of the senate. Membership terms, compensation of members, removal
140.28of members, the filling of membership vacancies, and fiscal year and reporting requirements
140.29are as provided in sections
214.07 to
214.09. No member may be reappointed for more than
140.30one additional term.
141.1 Subd. 2.
Eligibility; board composition. Except for the representatives of higher
141.2education and the public, to be eligible for appointment to the Board of Teaching
a person
141.3must be a teacher currently teaching in a Minnesota school and fully licensed for
the position
141.4held and have at least five years teaching experience in Minnesota, including the
two years
141.5immediately preceding nomination and appointment. Each nominee, other than a public
141.6nominee, must be selected on the basis of professional experience and knowledge of
teacher
141.7education, accreditation, and licensure. The board must be composed of:
141.8(1)
six five teachers who are currently teaching in a Minnesota school or who were
141.9teaching at the time of the appointment
and who do not qualify under clause (2) or (3), at
141.10least four of whom must be teaching in a public school, at least one of whom must be a
141.11teacher in a charter school, one of whom must be from a related service category licensed
141.12by the board, and one of whom must be licensed in either a geographic or license shortage
141.13area, and none of whom may be serving in an administrative function at a school district
or
141.14school as of the effective date of this section;
141.15(2)
one higher education representative, who must be a faculty member preparing teachers
141.16one superintendent;
141.17(3) one school
administrator district human resources director;
and
141.18(4)
three members of the public, two of whom must be present or former members of
141.19school boards one elementary or secondary school principal; and
141.20(5) one member of the public that may be a current or former school board member.
141.21 Subd. 2a. First appointments. (a) The governor shall nominate all members to the
141.22Professional Educator Licensing and Standards Board. The terms of the initial board
members
141.23must be as follows:
141.24(1) two members must be appointed for terms that expire January 1, 2019;
141.25(2) two members must be appointed for terms that expire January 1, 2020;
141.26(3) two members must be appointed for terms that expire January 1, 2021; and
141.27(4) three members must be appointed for terms that expire January 1, 2022.
141.28(b) Members of the Board of Teaching as of January 1, 2017, are ineligible for first
141.29appointments to the Professional Educator Licensing and Standards Board for four years
141.30from the effective date of this section.
141.31 Subd. 3.
Vacant position. With the exception of a teacher who retires from teaching
141.32during the course of completing a board term, the position of a member who leaves
Minnesota
142.1or whose employment status changes to a category different from that from which appointed
142.2is deemed vacant.
142.3 Subd. 4.
Administration, Terms, compensation; removal; vacancies. The
provision
142.4of staff, administrative services and office space; the review and processing of complaints;
142.5the setting of fees; the selection and duties of an executive
secretary director to serve the
142.6board; and other provisions relating to board operations
not provided in this chapter are as
142.7provided in chapter 214. Membership terms,
except as provided in subdivision 2a,
142.8compensation of members, removal of members, the filling of membership vacancies,
and
142.9fiscal year and reporting requirements are as provided in sections
214.07 to
214.09.
142.10 Subd. 4a. Administration. (a) The executive director of the board shall be the chief
142.11administrative officer for the board but shall not be a member of the board. The executive
142.12director shall maintain the records of the board, account for all fees received by
the board,
142.13supervise and direct employees servicing the board, and perform other services as
directed
142.14by the board.
142.15(b) The commissioner of administration must provide the board with administrative
142.16support services, according to section 16B.371.
142.17(c) The commissioner of education must provide suitable offices and other space to
the
142.18board at no cost until January 1, 2020. Thereafter, the board may contract with either
the
142.19commissioner of education or the commissioner of administration for the provision
of
142.20suitable offices and other space, joint conference and hearing facilities, and examination
142.21rooms.
142.22 Subd. 5.
District reimbursement for costs of substitute teachers. The
Professional
142.23Educator Licensing and Standards Board may reimburse local school districts for the costs
142.24of substitute teachers employed when regular teachers are providing professional assistance
142.25to the state by serving on the board or on a committee or task force appointed by
the board
142.26and charged to make recommendations concerning standards for teacher licensure in
this
142.27state.
142.28EFFECTIVE DATE.This section is effective January 1, 2018.
142.29 Sec. 5. Minnesota Statutes 2016, section 122A.08, is amended to read:
142.30122A.08 MEETINGS.
142.31 Subdivision 1.
Meetings. The
Professional Educator Licensing and Standards Board
of
142.32Teaching must meet regularly at the times and places as the board determines. Meetings
142.33must be called by the chair or at the written request of any eight members.
143.1 Subd. 2.
Executive secretary director. The
Professional Educator Licensing and
143.2Standards Board
of Teaching must have an executive
secretary director who is in the
143.3unclassified civil service and who is not a member of the board.
The executive director must
143.4fulfill the duties provided in section 122A.09, subdivision 6. The board must review
the
143.5performance of the executive director and set the salary of the executive director,
not to
143.6exceed the limit for a position listed in section 15A.0815, subdivision 2.
143.7EFFECTIVE DATE.This section is effective January 1, 2018.
143.8 Sec. 6. Minnesota Statutes 2016, section 122A.09, subdivision 1, is amended to read:
143.9 Subdivision 1.
Code of ethics. The
Professional Educator Licensing and Standards
143.10Board
of Teaching must develop by rule a code of ethics covering standards of professional
143.11teaching practices, including areas of ethical conduct and professional performance
and
143.12methods of enforcement.
143.13EFFECTIVE DATE.This section is effective July 1, 2018.
143.14 Sec. 7. Minnesota Statutes 2016, section 122A.09, subdivision 2, is amended to read:
143.15 Subd. 2.
Advise members of profession. The
Professional Educator Licensing and
143.16Standards Board must act in an advisory capacity to members of the profession in matters
143.17of interpretation of the code of ethics.
143.18EFFECTIVE DATE.This section is effective July 1, 2018.
143.19 Sec. 8. Minnesota Statutes 2016, section 122A.09, subdivision 3, is amended to read:
143.20 Subd. 3.
Election of chair and officers. The
Professional Educator Licensing and
143.21Standards Board shall elect a chair and such other officers as it may deem necessary.
143.22EFFECTIVE DATE.This section is effective January 1, 2018.
143.23 Sec. 9. Minnesota Statutes 2016, section 122A.09, subdivision 4, is amended to read:
143.24 Subd. 4.
License and rules Licensing. (a) The
Professional Educator Licensing and
143.25Standards Board must
adopt rules to license public school teachers and interns subject to
143.26chapter 14 license teachers, as defined in section 122A.15, subdivision 1, except for
143.27supervisory personnel, as defined in section 122A.15, subdivision 2. The board must
not
143.28delegate its authority to make all licensing decisions with respect to candidates
for teacher
143.29licensure. The board must evaluate candidates for compliance with statutory or rule
143.30requirements for licensure and develop licensure verification requirements.
144.1(b) The board must
require all candidates for teacher licensure to demonstrate establish
144.2a passing score on a board-adopted skills examination in reading, writing, and mathematics,
144.3as for a
requirement for an initial professional five-year Tier, 2, 3, or 4 teaching license
,
144.4except that the board may issue up to four initial professional one-year teaching
licenses to
144.5an otherwise qualified candidate who has not yet passed the board-adopted skills exam. The
144.6board must require colleges and universities offering a board-approved teacher preparation
144.7program to provide remedial assistance to persons who did not achieve a qualifying
score
144.8on the board-adopted skills examination, including those for whom English is a second
144.9language. The requirement to pass a board-adopted reading, writing, and mathematics
skills
144.10examination does not apply to nonnative English speakers, as verified by qualified
Minnesota
144.11school district personnel or Minnesota higher education faculty, who, after meeting
the
144.12content and pedagogy requirements under this subdivision, apply for a teaching license
to
144.13provide direct instruction in their native language or world language instruction
under section
144.14120B.022, subdivision 1
. The Board of Teaching and the entity administering the content,
144.15pedagogy, and skills examinations must allow any individual who produces documentation
144.16of a disability in the form of an evaluation, 504 plan, or individual education program
(IEP)
144.17to receive the same testing accommodations on the content, pedagogy, and skills examinations
144.18that the applicant received during their secondary or postsecondary education.
144.19(c) The board must adopt rules to approve teacher preparation programs
, including
144.20alternative teacher preparation programs under section 122A.245; nonconventional programs,
144.21and Montessori teacher training programs. The board, upon the request of a postsecondary
144.22student preparing for teacher licensure or a licensed graduate of a teacher preparation
144.23program, shall assist in resolving a dispute between the person and a postsecondary
institution
144.24providing a teacher preparation program when the dispute involves an institution's
144.25recommendation for licensure affecting the person or the person's credentials. At
the board's
144.26discretion, assistance may include the application of chapter 14.
144.27(d) The board must provide the leadership and adopt rules for the redesign of teacher
144.28education programs to implement a research based, results-oriented curriculum that
focuses
144.29on the skills teachers need in order to be effective. Among other components, teacher
144.30preparation programs may use the Minnesota State Colleges and Universities program
model
144.31to provide a school-year-long student teaching program that combines clinical opportunities
144.32with academic coursework and in-depth student teaching experiences to offer students
144.33ongoing mentorship, coaching, and assessment, help to prepare a professional development
144.34plan, and structured learning experiences. The board shall implement new systems of
teacher
144.35preparation program evaluation to assure program effectiveness based on proficiency
of
145.1graduates in demonstrating attainment of program outcomes. Teacher preparation programs
145.2including alternative teacher preparation programs under section
122A.245, among other
145.3programs, must include a content-specific, board-approved, performance-based assessment
145.4that measures teacher candidates in three areas: planning for instruction and assessment;
145.5engaging students and supporting learning; and assessing student learning. The board's
145.6redesign rules must include creating flexible, specialized teaching licenses, credentials,
and
145.7other endorsement forms to increase students' participation in language immersion
programs,
145.8world language instruction, career development opportunities, work-based learning,
early
145.9college courses and careers, career and technical programs, Montessori schools, and
project
145.10and place-based learning, among other career and college ready learning offerings.
145.11(e) The board must
adopt rules requiring candidates for professional five-year teaching
145.12licenses to pass establish a passing score for candidates on an examination of general
145.13pedagogical knowledge and examinations of licensure-specific teaching skills
for a Tier 2,
145.143, or 4 teaching license under section 122A.181.
The rules shall be effective by September
145.151, 2001. The rules under this paragraph also must require candidates for initial licenses
to
145.16teach prekindergarten or elementary students to pass, as part of the examination of
145.17licensure-specific teaching skills, test items assessing the candidates' knowledge,
skill, and
145.18ability in comprehensive, scientifically based reading instruction under section
122A.06,
145.19subdivision 4, and their knowledge and understanding of the foundations of reading
145.20development, the development of reading comprehension, and reading assessment and
145.21instruction, and their ability to integrate that knowledge and understanding.
145.22(f) The board must adopt rules requiring teacher educators to work directly with
145.23elementary or secondary school teachers in elementary or secondary schools to obtain
145.24periodic exposure to the elementary or secondary teaching environment.
145.25(g)
The board must grant licenses to interns and to candidates for professional five-year
145.26teaching licenses based on appropriate professional competencies that are aligned
with the
145.27board's licensing system and students' diverse learning needs. All teachercandidates
must
145.28have preparation in English language development and content instruction for English
145.29learners in order to be able to effectively instruct the English learners in their
classrooms.
145.30The board must include these licenses in a statewide differentiated licensing system
that
145.31creates new leadership roles for successful experienced teachers premised on a collaborative
145.32professional culture dedicated to meeting students' diverse learning needs in the
21st century,
145.33recognizes the importance of cultural and linguistic competencies, including the ability
to
145.34teach and communicate in culturally competent and aware ways, and formalizes mentoring
145.35and induction for newly licensed teachers provided through a teacher support framework.
146.1(h) The board must design and implement an assessment system which requires a
146.2candidate for an initial license
and first continuing license to demonstrate the abilities
146.3necessary to perform selected, representative teaching tasks at appropriate levels.
146.4(i) (h) The board must receive recommendations from local committees as established
146.5by the board for the renewal of teaching licenses. The board must require a licensed
teacher
146.6who is renewing a
professional five-year Tier 3 or 4 teaching license to include in the renewal
146.7requirements further preparation in English language development and specially designed
146.8content instruction in English for English learners.
146.9(j) The board must grant life licenses to those who qualify according to requirements
146.10established by the board, and suspend or revoke licenses pursuant to sections
122A.20 and
146.11214.10
. The board must not establish any expiration date for application for life licenses.
146.12(k) (i) The board must adopt rules that require all licensed teachers who are renewing
146.13their
professional five-year Tier 3 or 4 teaching licenses to include in their renewal
146.14requirements further preparation in the areas of using positive behavior interventions
and
146.15in accommodating, modifying, and adapting curricula, materials, and strategies to
146.16appropriately meet the needs of individual students and ensure adequate progress toward
146.17the state's graduation rule.
146.18(l) (j) In adopting rules to license public school teachers who provide health-related
146.19services for disabled children, the board shall adopt rules consistent with license
or
146.20registration requirements of the commissioner of health and the health-related boards
who
146.21license personnel who perform similar services outside of the school.
146.22(m) (k) The board must adopt rules that require all licensed teachers who are renewing
146.23their
professional five-year Tier 3 or 4 teaching licenses to include in their renewal
146.24requirements further reading preparation, consistent with section
122A.06, subdivision 4.
146.25The rules do not take effect until they are approved by law. Teachers who do not provide
146.26direct instruction including, at least, counselors, school psychologists, school nurses,
school
146.27social workers, audiovisual directors and coordinators, and recreation personnel are
exempt
146.28from this section.
146.29(n) (l) The board must adopt rules that require all licensed teachers who are renewing
146.30their
professional five-year Tier 3 or 4 teaching licenses to include in their renewal
146.31requirements at least one hour of suicide prevention best practices in each licensure
renewal
146.32period that are based on nationally recognized evidence-based programs and practices,
146.33among the continuing education credits required to renew a license under this paragraph,
146.34and further preparation, first, in understanding the key warning signs of early-onset
mental
147.1illness in children and adolescents and then, during subsequent licensure renewal
periods,
147.2preparation may include providing a more in-depth understanding of students' mental
illness
147.3trauma, accommodations for students' mental illness, parents' role in addressing students'
147.4mental illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section
147.5125A.0942
governing restrictive procedures, and de-escalation methods, among other similar
147.6topics.
147.7(o) The board must adopt rules by January 1, 2016, to license applicants under sections
147.8122A.23
and
122A.245. The rules must permit applicants to demonstrate their qualifications
147.9through the board's recognition of a teaching license from another state in a similar
content
147.10field, completion of a state-approved teacher preparation program, teaching experience
as
147.11the teacher of record in a similar licensure field, depth of content knowledge, depth
of
147.12content methods or general pedagogy, subject-specific professional development and
147.13contribution to the field, or classroom performance as determined by documented student
147.14growth on normed assessments or documented effectiveness on evaluations. The rules
must
147.15adopt criteria for determining a "similar content field" and "similar licensure area."
147.16EFFECTIVE DATE.This section is effective July 1, 2018.
147.17 Sec. 10. Minnesota Statutes 2016, section 122A.09, subdivision 4a, is amended to read:
147.18 Subd. 4a.
Teacher and administrator preparation and performance data; report.
147.19(a) The
Professional Educator Licensing and Standards Board
of Teaching and the Board
147.20of School Administrators, in cooperation with the Minnesota Association of Colleges
of
147.21Teacher Education and Minnesota colleges and universities offering board-adopted teacher
147.22or administrator preparation programs, annually must collect and report summary data
on
147.23teacher and administrator preparation and performance outcomes, consistent with this
147.24subdivision. The
Professional Educator Licensing and Standards Board
of Teaching and
147.25the Board of School Administrators annually by June 1 must update and post the reported
147.26summary preparation and performance data on teachers and administrators from the preceding
147.27school years on a Web site hosted jointly by the boards.
147.28(b) Publicly reported summary data on teacher preparation programs must include:
147.29student entrance requirements for each
Professional Educator Licensing and Standards
147.30Board of Teaching-approved Board-approved program, including grade point average for
147.31enrolling students in the preceding year; the average board-adopted skills examination
or
147.32ACT or SAT scores of students entering the program in the preceding year; summary
data
147.33on faculty qualifications, including at least the content areas of faculty undergraduate
and
147.34graduate degrees and their years of experience either as kindergarten through grade
12
148.1classroom teachers or school administrators; the average time resident and nonresident
148.2program graduates in the preceding year needed to complete the program; the current
number
148.3and percent of students by program who graduated, received a standard Minnesota teaching
148.4license, and were hired to teach full time in their licensure field in a Minnesota
district or
148.5school in the preceding year
, disaggregated by race, except when disaggregation would not
148.6yield statistically reliable results or would reveal personally identifiable information
about
148.7an individual; the number of content area credits and other credits by undergraduate program
148.8that students in the preceding school year needed to complete to graduate; students'
pass
148.9rates on skills and subject matter exams required for graduation in each program and
licensure
148.10area in the preceding school year; survey results measuring student and graduate satisfaction
148.11with the program in the preceding school year
, disaggregated by race, except when
148.12disaggregation would not yield statistically reliable results or would reveal personally
148.13identifiable information about an individual; a standard measure of the satisfaction of school
148.14principals or supervising teachers with the student teachers assigned to a school
or supervising
148.15teacher; and information under paragraphs (d) and (e). Program reporting must be consistent
148.16with subdivision 11.
148.17(c) Publicly reported summary data on administrator preparation programs approved
by
148.18the Board of School Administrators must include: summary data on faculty qualifications,
148.19including at least the content areas of faculty undergraduate and graduate degrees
and their
148.20years of experience either as kindergarten through grade 12 classroom teachers or
school
148.21administrators; the average time program graduates in the preceding year needed to
complete
148.22the program; the current number and percent of students who graduated, received a
standard
148.23Minnesota administrator license, and were employed as an administrator in a Minnesota
148.24school district or school in the preceding year
, disaggregated by race, except when
148.25disaggregation would not yield statistically reliable results or would reveal personally
148.26identifiable information about an individual; the number of credits by graduate program
148.27that students in the preceding school year needed to complete to graduate; survey
results
148.28measuring student, graduate, and employer satisfaction with the program in the preceding
148.29school year
, disaggregated by race, except when disaggregation would not yield statistically
148.30reliable results or would reveal personally identifiable information about an individual; and
148.31information under paragraphs (f) and (g). Program reporting must be consistent with
section
148.32122A.14, subdivision 10
.
148.33(d) School districts annually by October 1 must report to the
Professional Educator
148.34Licensing and Standards Board
of Teaching the following information for all teachers who
148.35finished the probationary period and accepted a continuing contract position with
the district
149.1from September 1 of the previous year through August 31 of the current year: the
149.2effectiveness category or rating of the teacher on the summative evaluation under
section
149.3122A.40, subdivision 8
, or
122A.41, subdivision 5; the licensure area in which the teacher
149.4primarily taught during the three-year evaluation cycle; and the teacher preparation
program
149.5preparing the teacher in the teacher's primary areas of instruction and licensure.
149.6(e) School districts annually by October 1 must report to the
Professional Educator
149.7Licensing and Standards Board
of Teaching the following information for all probationary
149.8teachers in the district who were released or whose contracts were not renewed from
149.9September 1 of the previous year through August 31 of the current year: the licensure
areas
149.10in which the probationary teacher taught; and the teacher preparation program preparing
149.11the teacher in the teacher's primary areas of instruction and licensure.
149.12(f) School districts annually by October 1 must report to the Board of School
149.13Administrators the following information for all school principals and assistant principals
149.14who finished the probationary period and accepted a continuing contract position with
the
149.15district from September 1 of the previous year through August 31 of the current year:
the
149.16effectiveness category or rating of the principal or assistant principal on the summative
149.17evaluation under section
123B.147, subdivision 3; and the principal preparation program
149.18providing instruction to the principal or assistant principal.
149.19(g) School districts annually by October 1 must report to the Board of School
149.20Administrators all probationary school principals and assistant principals in the
district who
149.21were released or whose contracts were not renewed from September 1 of the previous
year
149.22through August 31 of the current year.
149.23EFFECTIVE DATE.This section is effective January 1, 2018.
149.24 Sec. 11. Minnesota Statutes 2016, section 122A.09, subdivision 6, is amended to read:
149.25 Subd. 6.
Register of persons licensed. The executive
secretary director of the
149.26Professional Educator Licensing and Standards Board
of Teaching shall must keep a record
149.27of the proceedings of and a register of all persons licensed pursuant to the provisions
of this
149.28chapter. The register must show the name, address, license number and the renewal
of the
149.29license. The board must on July 1, of each year or as soon thereafter as is practicable,
compile
149.30a list of such duly licensed teachers
and transmit a copy of the list to the board. A copy of
149.31the register must be available during business hours at the office of the board to
any interested
149.32person.
149.33EFFECTIVE DATE.This section is effective January 1, 2018.
150.1 Sec. 12. Minnesota Statutes 2016, section 122A.09, subdivision 7, is amended to read:
150.2 Subd. 7.
Commissioner's assistance; Professional Educator Licensing and Standards
150.3Board money. The commissioner shall provide all necessary materials and assistance for
150.4the transaction of the business of the Board of Teaching and All moneys received by the
150.5Professional Educator Licensing and Standards Board
of Teaching shall be paid into the
150.6state treasury as provided by law. The expenses of administering sections
122A.01,
122A.05
150.7to
122A.09,
122A.15,
122A.16,
122A.17,
122A.18,
122A.181, 122A.187, 122A.188,
150.8122A.20
,
122A.21,
122A.22,
122A.23,
122A.2451,
122A.26,
122A.30,
122A.40,
122A.41,
150.9122A.42
,
122A.45,
122A.49,
122A.54,
122A.55,
122A.56,
122A.57, and
122A.58 which
150.10are incurred by the
Professional Educator Licensing and Standards Board
of Teaching shall
150.11be paid for from appropriations made to the
Professional Educator Licensing and Standards
150.12Board
of Teaching.
150.13EFFECTIVE DATE.This section is effective January 1, 2018.
150.14 Sec. 13. Minnesota Statutes 2016, section 122A.09, subdivision 9, is amended to read:
150.15 Subd. 9.
Professional Educator Licensing and Standards Board may must adopt
150.16rules. (a) The
Professional Educator Licensing and Standards Board
of Teaching may must
150.17adopt rules subject to the provisions of chapter 14 to implement sections
122A.05 to
122A.09,
150.18122A.16
,
122A.17,
122A.18,
122A.187, 122A.188,
122A.20,
122A.21, and
122A.23.
150.19(b) If a rule adopted by the board is in conflict with a session law or statute, the
law or
150.20statute prevails. Terms adopted in rule must be clearly defined and must not be construed
150.21to conflict with terms adopted in statute or session law.
150.22EFFECTIVE DATE.This section is effective July 1, 2018.
150.23 Sec. 14. Minnesota Statutes 2016, section 122A.09, subdivision 10, is amended to read:
150.24 Subd. 10.
Permissions. (a) Notwithstanding subdivision 9 and sections
14.055 and
150.2514.056
, the
Professional Educator Licensing and Standards Board
of Teaching may grant
150.26waivers to its rules upon application by a school district or a charter school for
purposes of
150.27implementing experimental programs in learning or management.
150.28(b) To enable a school district or a charter school to meet the needs of students
enrolled
150.29in an alternative education program and to enable licensed teachers instructing those
students
150.30to satisfy content area licensure requirements, the
Professional Educator Licensing and
150.31Standards Board
of Teaching annually may permit a licensed teacher teaching in an
151.1alternative education program to instruct students in a content area for which the
teacher is
151.2not licensed, consistent with paragraph (a).
151.3(c) A special education license permission issued by the
Professional Educator Licensing
151.4and Standards Board
of Teaching for a primary employer's low-incidence region is valid
151.5in all low-incidence regions.
151.6(d)
The Board of Teaching may issue a one-year professional license under paragraph
151.7(a), which the board may renew two times, to allow a person holding a full credential
from
151.8the American Montessori Society, a diploma from Association Montessori Internationale,
151.9or a certificate of completion from a program accredited by the Montessori Accreditation
151.10Council for Teacher Education to teach in a Montessori program operated by a school
district
151.11or charter school.
151.12(e) The Board of Teaching may grant a one-year waiver, renewable two times, to allow
151.13individuals who hold a bachelor's degree from an accredited postsecondary institution,
151.14demonstrate occupational competency based on at least three years of full-time work
151.15experience in business or industry, and enroll and make satisfactory progress in an
alternative
151.16preparation program leading to certification as a career and technical education instructor
151.17to teach career and technical education courses offered by a school district or charter
school.
151.18Consistent with this paragraph and section
136F.361, the
Professional Educator Licensing
151.19and Standards Board
of Teaching must strongly encourage
approved college or
151.20university-based teacher preparation programs
and institutions throughout Minnesota to
151.21develop alternative pathways for certifying and licensing high school career and technical
151.22education instructors and teachers, allowing such candidates to meet certification
and
151.23licensure standards that demonstrate their content knowledge, classroom experience,
and
151.24pedagogical practices and their qualifications based on a combination of occupational
testing,
151.25professional certification or licensure, and long-standing work experience.
151.26EFFECTIVE DATE.This section is effective July 1, 2018.
151.27 Sec. 15. Minnesota Statutes 2016, section 122A.22, is amended to read:
151.28122A.22 DISTRICT VERIFICATION OF TEACHER LICENSES.
151.29No person shall be accounted a qualified teacher until the school district or charter
school
151.30contracting with the person for teaching services verifies through the Minnesota education
151.31licensing system available on the
department Professional Educator Licensing and Standards
151.32Board Web site that the person is a qualified teacher, consistent with sections
122A.16 and
151.33122A.44, subdivision 1
.
152.1EFFECTIVE DATE.This section is effective January 1, 2018.
152.2 Sec. 16. Minnesota Statutes 2016, section 127A.05, subdivision 6, is amended to read:
152.3 Subd. 6.
Survey of districts. The commissioner of education shall survey the state's
152.4school districts and teacher preparation programs and report to the education committees
152.5of the legislature by February 1 of each odd-numbered year
until 2020 on the status of
152.6teacher early retirement patterns, the access to effective and more diverse teachers
who
152.7reflect the students under section
120B.35, subdivision 3, paragraph (b), clause (2), enrolled
152.8in a district or school, the teacher shortage, and the substitute teacher shortage,
including
152.9patterns and shortages in subject areas and the economic development regions of the
state.
152.10The report must also include: aggregate data on teachers' self-reported race and ethnicity;
152.11data on how districts are making progress in hiring teachers and substitutes in the
areas of
152.12shortage; and a five-year projection of teacher demand for each district, taking into
account
152.13the students under section
120B.35, subdivision 3, paragraph (b), clause (2), expected to
152.14enroll in the district during that five-year period.
152.15 Sec. 17. Minnesota Statutes 2016, section 214.04, subdivision 1, is amended to read:
152.16 Subdivision 1.
Services provided. The commissioner
of education with respect to the
152.17Board of Teaching; the commissioner of public safety with respect to the Board of Private
152.18Detective and Protective Agent Services; the Board of Peace Officer Standards and
Training;
152.19and the commissioner of revenue with respect to the Board of Assessors, shall provide
152.20suitable offices and other space, joint conference and hearing facilities, examination
rooms,
152.21and the following administrative support services: purchasing service, accounting
service,
152.22advisory personnel services, consulting services relating to evaluation procedures
and
152.23techniques, data processing, duplicating, mailing services, automated printing of
license
152.24renewals, and such other similar services of a housekeeping nature as are generally
available
152.25to other agencies of state government. Investigative services shall be provided the
boards
152.26by employees of the Office of Attorney General. The commissioner of health with respect
152.27to the health-related licensing boards shall provide mailing and office supply services
and
152.28may provide other facilities and services listed in this subdivision at a central
location upon
152.29request of the health-related licensing boards. The commissioner of commerce with
respect
152.30to the remaining non-health-related licensing boards shall provide the above facilities
and
152.31services at a central location for the remaining non-health-related licensing boards.
The
152.32legal and investigative services for the boards shall be provided by employees of
the attorney
152.33general assigned to the departments servicing the boards. Notwithstanding the foregoing,
152.34the attorney general shall not be precluded by this section from assigning other attorneys
153.1to service a board if necessary in order to insure competent and consistent legal
153.2representation. Persons providing legal and investigative services shall to the extent
153.3practicable provide the services on a regular basis to the same board or boards.
153.4EFFECTIVE DATE.This section is effective July 1, 2018.
153.5 Sec. 18. Minnesota Statutes 2016, section 214.045, is amended to read:
153.6214.045 COORDINATION WITH PROFESSIONAL EDUCATOR LICENSING
153.7AND STANDARDS BOARD OF TEACHING.
153.8The commissioner of health and the health-related licensing boards must coordinate
153.9with the
Professional Educator Licensing and Standards Board
of Teaching when modifying
153.10licensure requirements for regulated persons in order to have consistent regulatory
153.11requirements for personnel who perform services in schools.
153.12EFFECTIVE DATE.This section is effective January 1, 2018.
153.13 Sec. 19.
REPORT; PERPICH CENTER FOR ARTS EDUCATION.
153.14The director of the Perpich Center for Arts Education must report annually for the
next
153.15five years to the chairs and the ranking minority members of the legislative committees
153.16having jurisdiction over kindergarten through grade 12 education and legacy finance
on the
153.17center's progress in addressing the findings in the Office of the Legislative Auditor's
"Perpich
153.18Center for Arts Education Internal Controls and Compliance Audit" report, dated January
153.1919, 2017, and the 2017 evaluation report. The first report must be submitted by December
153.2015, 2017. Subsequent reports must be submitted each year on December 15 with the final
153.21report due on December 17, 2022.
153.22 Sec. 20.
TRANSFER OF POWERS.
153.23(a) The creation of the Professional Educator Licensing and Standards Board shall
be
153.24considered a transfer by law of the responsibilities of the Board of Teaching and
the
153.25Minnesota Department of Education with respect to licensure and credentialing of teachers
153.26and school personnel to the Professional Educator Licensing and Standards Board for
153.27purposes of Minnesota Statutes, section 15.039. All classified and unclassified positions
153.28associated with the responsibilities being transferred to the Professional Educator
Licensing
153.29and Standards Board are transferred with their incumbents to the new agency pursuant
to
153.30Minnesota Statutes, section 15.039, subdivision 7, except as otherwise provided in
Minnesota
153.31Statutes, section 122A.07.
154.1(b) The responsibilities of the Minnesota Department of Education with respect to
154.2licensure of school administrators are transferred by law to the Board of School
154.3Administrators for purposes of section 15.039.
154.4(c) The Professional Educator Licensing and Standards Board must review all rules
154.5adopted by the Board of Teaching and amend or repeal rules not consistent with statute.
154.6The Professional Educator Licensing and Standards Board must review all teacher preparation
154.7programs approved by the Board of Teaching to determine whether the approved programs
154.8meet the needs of schools in Minnesota.
154.9EFFECTIVE DATE.This section is effective January 1, 2018.
154.10 Sec. 21.
FIRST APPOINTMENTS TO THE PROFESSIONAL EDUCATOR
154.11LICENSING AND STANDARDS BOARD.
154.12The governor shall make appointments to the Professional Educator Licensing and
154.13Standards Board by September 1, 2017, for terms that begin January 1, 2018. The governor
154.14shall designate one member of the board to convene the first meeting by February 1,
2018,
154.15and to act as chair until the board elects a chair at its first meeting.
154.16 Sec. 22.
IMPLEMENTATION REPORT.
154.17By January 1, 2019, the Professional Educator Licensing and Standards Board must
154.18prepare a report to the legislature on the implementation of the teacher licensure
system
154.19established under sections 122A.18 to 122A.181. The report must include the number
of
154.20applicants for license in each tier, the number of applications granted and denied,
summary
154.21data on the reasons applications were denied, and the status of the board's rulemaking
process
154.22for all licensure-related rules.
154.23EFFECTIVE DATE.This section is effective January 1, 2018.
154.24 Sec. 23.
APPROPRIATIONS; DEPARTMENT OF EDUCATION.
154.25 Subdivision 1. Department of Education. Unless otherwise indicated, the sums indicated
154.26in this section are appropriated from the general fund to the Department of Education
for
154.27the fiscal years designated.
154.28 Subd. 2. Department. (a) For the Department of Education:
154.29
|
|
$
|
20,201,000
|
.....
|
2018
|
154.30
|
|
$
|
20,301,000
|
.....
|
2019
|
154.31Of these amounts:
155.1(1) $231,000 each year is for the Board of School Administrators;
155.2(2) $1,000,000 each year is for regional centers of excellence under Minnesota Statutes,
155.3section 120B.115;
155.4(3) $500,000 each year is for the school safety technical assistance center under
Minnesota
155.5Statutes, section 127A.052;
155.6(4) $250,000 each year is for the School Finance Division to enhance financial data
155.7analysis; and
155.8(5) $720,000 each year is for implementing Minnesota's Learning for English Academic
155.9Proficiency and Success Act under Laws 2014, chapter 272, article 1, as amended.
155.10(b) Any balance in the first year does not cancel but is available in the second year.
155.11(c) None of the amounts appropriated under this subdivision may be used for Minnesota's
155.12Washington, D.C. office.
155.13(d) The expenditures of federal grants and aids as shown in the biennial budget document
155.14and its supplements are approved and appropriated and shall be spent as indicated.
155.15(e) This appropriation includes funds for information technology project services
and
155.16support subject to the provisions of Minnesota Statutes, section 16E.0466. Any ongoing
155.17information technology costs will be incorporated into the service level agreement
and will
155.18be paid to the Office of MN.IT Services by the Department of Education under the rates
155.19and mechanism specified in that agreement.
155.20(f) The base appropriation in fiscal year 2020 is $20,217,000. The base appropriation
155.21in fiscal year 2021 is $20,132,000.
155.22 Sec. 24.
APPROPRIATIONS; BOARD OF TEACHING.
155.23 Subdivision 1. Board of Teaching. (a) The sums indicated in this section are appropriated
155.24from the general fund to the Board of Teaching or any successor organization for the
fiscal
155.25years designated:
155.26
|
|
$
|
3,481,000
|
.....
|
2018
|
155.27
|
|
$
|
3,493,000
|
.....
|
2019
|
155.28(b) This appropriation includes funds for information technology project services
and
155.29support subject to Minnesota Statutes, section 16E.0466. Any ongoing information
155.30technology costs will be incorporated into an interagency agreement and will be paid
to the
156.1Office of MN.IT Services by the Board of Teaching under the mechanism specified in
that
156.2agreement.
156.3(c) Any balance in the first year does not cancel but is available in the second year.
156.4(d) The base appropriation for fiscal year 2020 is $2,734,000. The base appropriation
156.5for fiscal year 2021 is $2,709,000.
156.6 Subd. 2. Licensure by portfolio. For licensure by portfolio:
156.7
|
|
$
|
34,000
|
.....
|
2018
|
156.8
|
|
$
|
34,000
|
.....
|
2019
|
156.9 This appropriation is from the educator licensure portfolio account of the special
revenue
156.10fund.
156.11 Sec. 25.
APPROPRIATIONS; MINNESOTA STATE ACADEMIES.
156.12(a) The sums indicated in this section are appropriated from the general fund to the
156.13Minnesota State Academies for the Deaf and the Blind for the fiscal years designated:
156.14
|
|
$
|
13,204,000
|
.....
|
2018
|
156.15
|
|
$
|
13,186,000
|
.....
|
2019
|
156.16(b) Any balance in the first year does not cancel but is available in the second year.
156.17 Sec. 26.
APPROPRIATIONS; PERPICH CENTER FOR ARTS EDUCATION.
156.18(a) The sums in this section are appropriated from the general fund to the Perpich
Center
156.19for Arts Education for the fiscal years designated:
156.20
|
|
$
|
6,573,000
|
.....
|
2018
|
156.21
|
|
$
|
6,573,000
|
.....
|
2019
|
156.22(b) Of the amounts appropriated in paragraph (a), $370,000 in each year is for grants
156.23for arts integration and Turnaround Arts programs.
156.24(c) Any balance in the first year does not cancel but is available in the second year.
156.25 Sec. 27.
REVISOR INSTRUCTION.
156.26In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall substitute
the
156.27term "Professional Educator Licensing and Standards Board" for "Board of Teaching"
156.28wherever the term refers to the powers, duties, and responsibilities of the Board
of Teaching.
156.29The revisor shall also make grammatical changes related to the change in terms.
157.2FORECAST ADJUSTMENTS
157.3A. GENERAL EDUCATION
157.4 Section 1. Laws 2015, First Special Session chapter 3, article 1, section 27, subdivision
157.52, as amended by Laws 2016, chapter 189, article 27, section 17, is amended to read:
157.6 Subd. 2.
General education aid. For general education aid under Minnesota Statutes,
157.7section
126C.13, subdivision 4:
157.8
|
|
$
|
6,649,435,000
|
.....
|
2016
|
157.9
157.10
|
|
$
|
6,815,372,000
6,848,521,000
|
.....
|
2017
|
157.11The 2016 appropriation includes $622,908,000 for 2015 and 6,026,524,000 for 2016.
157.12The 2017 appropriation includes $641,412,000 for 2016 and
$6,173,962,000
157.13$6,207,109,000 for 2017.
157.14EFFECTIVE DATE.This section is effective the day following final enactment.
157.15 Sec. 2. Laws 2015, First Special Session chapter 3, article 1, section 27, subdivision 3,
is
157.16amended to read:
157.17 Subd. 3.
Enrollment options transportation. For transportation of pupils attending
157.18postsecondary institutions under Minnesota Statutes, section
124D.09, or for transportation
157.19of pupils attending nonresident districts under Minnesota Statutes, section
124D.03:
157.20
|
|
$
|
39,000
|
.....
|
2016
|
157.21
157.22
|
|
$
|
42,000
26,000
|
.....
|
2017
|
157.23EFFECTIVE DATE.This section is effective the day following final enactment.
157.24 Sec. 3. Laws 2015, First Special Session chapter 3, article 1, section 27, subdivision 4,
as
157.25amended by Laws 2016, chapter 189, article 34, section 1, is amended to read:
157.26 Subd. 4.
Abatement revenue. For abatement aid under Minnesota Statutes, section
157.27127A.49
:
157.28
|
|
$
|
3,051,000
|
.....
|
2016
|
157.29
157.30
|
|
$
|
3,425,000
2,666,000
|
.....
|
2017
|
157.31The 2016 appropriation includes $278,000 for 2015 and $2,773,000 for 2016.
158.1The 2017 appropriation includes $308,000 for 2016 and
$3,117,000 $2,358,000 for
158.22017.
158.3EFFECTIVE DATE.This section is effective the day following final enactment.
158.4 Sec. 4. Laws 2015, First Special Session chapter 3, article 1, section 27, subdivision 6,
as
158.5amended by Laws 2016, chapter 189, article 34, section 3, is amended to read:
158.6 Subd. 6.
Nonpublic pupil education aid. For nonpublic pupil education aid under
158.7Minnesota Statutes, sections
123B.40 to
123B.43 and
123B.87:
158.8
|
|
$
|
16,759,000
|
.....
|
2016
|
158.9
158.10
|
|
$
|
17,235,000
16,879,000
|
.....
|
2017
|
158.11The 2016 appropriation includes $1,575,000 for 2015 and $15,184,000 for 2016.
158.12The 2017 appropriation includes $1,687,000 for 2016 and
$15,548,000 $15,192,000 for
158.132017.
158.14EFFECTIVE DATE.This section is effective the day following final enactment.
158.15 Sec. 5. Laws 2015, First Special Session chapter 3, article 1, section 27, subdivision 7,
as
158.16amended by Laws 2016, chapter 189, article 34, section 4, is amended to read:
158.17 Subd. 7.
Nonpublic pupil transportation. For nonpublic pupil transportation aid under
158.18Minnesota Statutes, section
123B.92, subdivision 9:
158.19
|
|
$
|
17,673,000
|
.....
|
2016
|
158.20
158.21
|
|
$
|
18,103,000
18,278,000
|
.....
|
2017
|
158.22The 2016 appropriation includes $1,816,000 for 2015 and $15,857,000 for 2016.
158.23The 2017 appropriation includes $1,761,000 for 2016 and
$16,342,000 $16,517,000 for
158.242017.
158.25EFFECTIVE DATE.This section is effective the day following final enactment.
158.26 Sec. 6. Laws 2015, First Special Session chapter 3, article 1, section 27, subdivision 9,
as
158.27amended by Laws 2016, chapter 189, article 34, section 5, is amended to read:
158.28 Subd. 9.
Career and technical aid. For career and technical aid under Minnesota
158.29Statutes, section
124D.4531, subdivision 1b:
158.30
|
|
$
|
5,922,000
|
.....
|
2016
|
159.1
159.2
|
|
$
|
4,262,000
4,806,000
|
.....
|
2017
|
159.3The 2016 appropriation includes $574,000 for 2015 and $5,348,000 for 2016.
159.4The 2017 appropriation includes $517,000 for 2016 and
$3,745,000 $4,289,000 for
159.52017.
159.6EFFECTIVE DATE.This section is effective the day following final enactment.
159.7B. EDUCATION EXCELLENCE
159.8 Sec. 7. Laws 2015, First Special Session chapter 3, article 2, section 70, subdivision 2,
as
159.9amended by Laws 2016, chapter 189, article 25, section 44, is amended to read:
159.10 Subd. 2.
Alternative compensation. For alternative teacher compensation aid under
159.11Minnesota Statutes, section
122A.415, subdivision 4:
159.12
|
|
$
|
78,907,000
|
.....
|
2016
|
159.13
159.14
|
|
$
|
89,049,000
88,137,000
|
.....
|
2017
|
159.15The 2016 appropriation includes $7,766,000 for 2015 and $71,141,000 for 2016.
159.16The 2017 appropriation includes $7,876,000 for 2016 and
$81,173,000 $80,261,000 for
159.172017.
159.18EFFECTIVE DATE.This section is effective the day following final enactment.
159.19 Sec. 8. Laws 2015, First Special Session chapter 3, article 2, section 70, subdivision 3,
as
159.20amended by Laws 2016, chapter 189, article 25, section 45, is amended to read:
159.21 Subd. 3.
Achievement and integration aid. For achievement and integration aid under
159.22Minnesota Statutes, section
124D.862:
159.23
|
|
$
|
65,439,000
|
.....
|
2016
|
159.24
159.25
|
|
$
|
69,372,000
67,091,000
|
.....
|
2017
|
159.26The 2016 appropriation includes $6,382,000 for 2015 and $59,057,000 for 2016.
159.27The 2017 appropriation includes $6,561,000 for 2016 and
$62,811,000 $60,530,000 for
159.282017.
159.29EFFECTIVE DATE.This section is effective the day following final enactment.
160.1 Sec. 9. Laws 2015, First Special Session chapter 3, article 2, section 70, subdivision 4,
as
160.2amended by Laws 2016, chapter 189, article 34, section 6, is amended to read:
160.3 Subd. 4.
Literacy incentive aid. For literacy incentive aid under Minnesota Statutes,
160.4section
124D.98:
160.5
|
|
$
|
44,538,000
|
.....
|
2016
|
160.6
160.7
|
|
$
|
45,855,000
45,803,000
|
.....
|
2017
|
160.8The 2016 appropriation includes $4,683,000 for 2015 and $39,855,000 for 2016.
160.9The 2017 appropriation includes $4,428,000 for 2016 and
$41,427,000 $41,375,000 for
160.102017.
160.11EFFECTIVE DATE.This section is effective the day following final enactment.
160.12 Sec. 10. Laws 2015, First Special Session chapter 3, article 2, section 70, subdivision 5,
160.13as amended by Laws 2016, chapter 189, article 34, section 7, is amended to read:
160.14 Subd. 5.
Interdistrict desegregation or integration transportation grants. For
160.15interdistrict desegregation or integration transportation grants under Minnesota Statutes,
160.16section
124D.87:
160.17
|
|
$
|
14,423,000
|
.....
|
2016
|
160.18
160.19
|
|
$
|
15,193,000
13,496,000
|
.....
|
2017
|
160.20EFFECTIVE DATE.This section is effective the day following final enactment.
160.21 Sec. 11. Laws 2015, First Special Session chapter 3, article 2, section 70, subdivision 7,
160.22as amended by Laws 2016, chapter 189, article 34, section 8, is amended to read:
160.23 Subd. 7.
Tribal contract schools. For tribal contract school aid under Minnesota Statutes,
160.24section
124D.83:
160.25
|
|
$
|
3,539,000
|
.....
|
2016
|
160.26
160.27
|
|
$
|
3,715,000
3,278,000
|
.....
|
2017
|
160.28The 2016 appropriation includes $204,000 for 2015 and $3,335,000 for 2016.
160.29The 2017 appropriation includes $370,000 for 2016 and
$3,345,000 $2,908,000 for
160.302017.
160.31EFFECTIVE DATE.This section is effective the day following final enactment.
161.1 Sec. 12. Laws 2015, First Special Session chapter 3, article 2, section 70, subdivision 11,
161.2as amended by Laws 2016, chapter 189, article 34, section 9, is amended to read:
161.3 Subd. 11.
American Indian education aid. For American Indian education aid under
161.4Minnesota Statutes, section
124D.81, subdivision 2a:
161.5
|
|
$
|
7,740,000
|
.....
|
2016
|
161.6
161.7
|
|
$
|
8,878,000
8,838,000
|
.....
|
2017
|
161.8The 2016 appropriation includes $0 for 2015 and $7,740,000 for 2016.
161.9The 2017 appropriation includes $860,000 for 2016 and
$8,018,000 $7,978,000 for
161.102017.
161.11EFFECTIVE DATE.This section is effective the day following final enactment.
161.12 Sec. 13. Laws 2015, First Special Session chapter 3, article 4, section 9, subdivision 2, as
161.13amended by Laws 2016, chapter 189, article 28, section 10, is amended to read:
161.14 Subd. 2.
Charter school building lease aid. For building lease aid under Minnesota
161.15Statutes, section
124E.22:
161.16
|
|
$
|
63,540,000
|
.....
|
2016
|
161.17
161.18
|
|
$
|
70,132,000
68,046,000
|
.....
|
2017
|
161.19The 2016 appropriation includes $6,032,000 for 2015 and $57,508,000 for 2016.
161.20The 2017 appropriation includes $6,389,000 for 2016 and
$63,743,000 $61,657,000 for
161.212017.
161.22EFFECTIVE DATE.This section is effective the day following final enactment.
161.23C. SPECIAL EDUCATION
161.24 Sec. 14. Laws 2015, First Special Session chapter 3, article 5, section 30, subdivision 2,
161.25as amended by Laws 2016, chapter 189, article 29, section 15, is amended to read:
161.26 Subd. 2.
Special education; regular. For special education aid under Minnesota Statutes,
161.27section
125A.75:
161.28
|
|
$
|
1,183,619,000
|
.....
|
2016
|
161.29
161.30
|
|
$
|
1,247,107,000
1,258,250,000
|
.....
|
2017
|
161.31The 2016 appropriation includes $137,932,000 for 2015 and $1,045,687,000 for 2016.
162.1The 2017 appropriation includes $147,202,000 for 2016 and
$1,099,905,000
162.2$1,111,048,000 for 2017.
162.3EFFECTIVE DATE.This section is effective the day following final enactment.
162.4 Sec. 15. Laws 2015, First Special Session chapter 3, article 5, section 30, subdivision 3,
162.5as amended by Laws 2016, chapter 189, article 34, section 10, is amended to read:
162.6 Subd. 3.
Travel for home-based services. For aid for teacher travel for home-based
162.7services under Minnesota Statutes, section
125A.75, subdivision 1:
162.8
|
|
$
|
416,000
|
.....
|
2016
|
162.9
162.10
|
|
$
|
435,000
482,000
|
.....
|
2017
|
162.11The 2016 appropriation includes $35,000 for 2015 and $381,000 for 2016.
162.12The 2017 appropriation includes $42,000 for 2016 and
$393,000 $440,000 for 2017.
162.13EFFECTIVE DATE.This section is effective the day following final enactment.
162.14 Sec. 16. Laws 2015, First Special Session chapter 3, article 5, section 30, subdivision 5,
162.15as amended by Laws 2016, chapter 189, article 34, section 11, is amended to read:
162.16 Subd. 5.
Aid for children with disabilities. For aid under Minnesota Statutes, section
162.17125A.75, subdivision 3
, for children with disabilities placed in residential facilities within
162.18the district boundaries for whom no district of residence can be determined:
162.19
|
|
$
|
1,307,000
|
.....
|
2016
|
162.20
162.21
|
|
$
|
1,516,000
1,390,000
|
.....
|
2017
|
162.22If the appropriation for either year is insufficient, the appropriation for the other
year is
162.23available.
162.24EFFECTIVE DATE.This section is effective the day following final enactment.
162.25 Sec. 17. Laws 2015, First Special Session chapter 3, article 5, section 30, subdivision 6,
162.26is amended to read:
162.27 Subd. 6.
Court-placed special education revenue. For reimbursing serving school
162.28districts for unreimbursed eligible expenditures attributable to children placed in
the serving
162.29school district by court action under Minnesota Statutes, section
125A.79, subdivision 4:
162.30
|
|
$
|
56,000
|
.....
|
2016
|
163.1
163.2
|
|
$
|
57,000
45,000
|
.....
|
2017
|
163.3EFFECTIVE DATE.This section is effective the day following final enactment.
163.4D. FACILITIES AND TECHNOLOGY
163.5 Sec. 18. Laws 2015, First Special Session chapter 3, article 6, section 13, subdivision 2,
163.6as amended by Laws 2016, chapter 189, article 30, section 23, is amended to read:
163.7 Subd. 2.
Long-term facilities maintenance equalization equalized aid. For long-term
163.8facilities maintenance
equalization equalized aid under Minnesota Statutes, section
123B.595:
163.9
|
|
$
|
0
|
.....
|
2016
|
163.10
163.11
|
|
$
|
52,844,000
50,571,000
|
.....
|
2017
|
163.12The 2017 appropriation includes $0 for 2016 and
$52,844,000 $50,571,000 for 2017.
163.13EFFECTIVE DATE.This section is effective the day following final enactment.
163.14 Sec. 19. Laws 2015, First Special Session chapter 3, article 6, section 13, subdivision 3,
163.15as amended by Laws 2016, chapter 189, article 34, section 12, is amended to read:
163.16 Subd. 3.
Debt service equalization. For debt service aid according to Minnesota Statutes,
163.17section
123B.53, subdivision 6:
163.18
|
|
$
|
20,349,000
|
.....
|
2016
|
163.19
163.20
|
|
$
|
22,926,000
20,406,000
|
.....
|
2017
|
163.21The 2016 appropriation includes $2,295,000 for 2015 and $18,054,000 for 2016.
163.22The 2017 appropriation includes $2,005,000 for 2016 and
$20,921,000 $18,401,000 for
163.232017.
163.24EFFECTIVE DATE.This section is effective the day following final enactment.
163.26 Sec. 20. Laws 2015, First Special Session chapter 3, article 7, section 7, subdivision 2, as
163.27amended by Laws 2016, chapter 189, article 27, section 18, is amended to read:
163.28 Subd. 2.
School lunch. For school lunch aid according to Minnesota Statutes, section
163.29124D.111
, and Code of Federal Regulations, title 7, section 210.17:
163.30
|
|
$
|
16,251,000
|
.....
|
2016
|
163.31
163.32
|
|
$
|
16,775,000
16,234,000
|
.....
|
2017
|
164.1EFFECTIVE DATE.This section is effective the day following final enactment.
164.2 Sec. 21. Laws 2015, First Special Session chapter 3, article 7, section 7, subdivision 3, as
164.3amended by Laws 2016, chapter 189, article 27, section 19, is amended to read:
164.4 Subd. 3.
School breakfast. For traditional school breakfast aid under Minnesota Statutes,
164.5section
124D.1158:
164.6
|
|
$
|
9,457,000
|
.....
|
2016
|
164.7
164.8
|
|
$
|
10,365,000
9,869,000
|
.....
|
2017
|
164.9EFFECTIVE DATE.This section is effective the day following final enactment.
164.10 Sec. 22. Laws 2015, First Special Session chapter 3, article 7, section 7, subdivision 4, as
164.11amended by Laws 2016, chapter 189, article 34, section 15, is amended to read:
164.12 Subd. 4.
Kindergarten milk. For kindergarten milk aid under Minnesota Statutes,
164.13section
124D.118:
164.14
|
|
$
|
788,000
|
.....
|
2016
|
164.15
164.16
|
|
$
|
788,000
758,000
|
.....
|
2017
|
164.17EFFECTIVE DATE.This section is effective the day following final enactment.
164.18F. EARLY CHILDHOOD EDUCATION
164.19 Sec. 23. Laws 2015, First Special Session chapter 3, article 9, section 8, subdivision 5, as
164.20amended by Laws 2016, chapter 189, article 34, section 16, is amended to read:
164.21 Subd. 5.
Early childhood family education aid. For early childhood family education
164.22aid under Minnesota Statutes, section
124D.135:
164.23
|
|
$
|
27,948,000
|
.....
|
2016
|
164.24
164.25
|
|
$
|
29,336,000
28,944,000
|
.....
|
2017
|
164.26The 2016 appropriation includes $2,713,000 for 2015 and $25,235,000 for 2016.
164.27The 2017 appropriation includes $2,803,000 for 2016 and
$26,533,000 $26,141,000 for
164.282017.
164.29EFFECTIVE DATE.This section is effective the day following final enactment.
165.1 Sec. 24. Laws 2015, First Special Session chapter 3, article 9, section 8, subdivision 6, as
165.2amended by Laws 2016, chapter 189, article 34, section 17, is amended to read:
165.3 Subd. 6.
Developmental screening aid. For developmental screening aid under
165.4Minnesota Statutes, sections
121A.17 and
121A.19:
165.5
|
|
$
|
3,477,000
|
.....
|
2016
|
165.6
165.7
|
|
$
|
3,488,000
3,573,000
|
.....
|
2017
|
165.8The 2016 appropriation includes $338,000 for 2015 and $3,139,000 for 2016.
165.9The 2017 appropriation includes $348,000 for 2016 and
$3,140,000 $3,225,000 for
165.102017.
165.11EFFECTIVE DATE.This section is effective the day following final enactment.
165.12 Sec. 25. Laws 2015, First Special Session chapter 3, article 10, section 3, subdivision 2,
165.13as amended by Laws 2016, chapter 189, article 34, section 18, is amended to read:
165.14 Subd. 2.
Community education aid. For community education aid under Minnesota
165.15Statutes, section
124D.20:
165.16
|
|
$
|
790,000
|
.....
|
2016
|
165.17
165.18
|
|
$
|
553,000
555,000
|
.....
|
2017
|
165.19The 2016 appropriation includes $107,000 for 2015 and $683,000 for 2016.
165.20The 2017 appropriation includes $75,000 for 2016 and
$478,000 $480,000 for 2017.
165.21EFFECTIVE DATE.This section is effective the day following final enactment.
165.22G. SELF-SUFFICIENCY AND LIFELONG LEARNING
165.23 Sec. 26. Laws 2015, First Special Session chapter 3, article 11, section 3, subdivision 2,
165.24as amended by Laws 2016, chapter 189, article 34, section 19, is amended to read:
165.25 Subd. 2.
Adult basic education aid. For adult basic education aid under Minnesota
165.26Statutes, section
124D.531:
165.27
|
|
$
|
48,231,000
|
.....
|
2016
|
165.28
165.29
|
|
$
|
49,683,000
48,762,000
|
.....
|
2017
|
165.30The 2016 appropriation includes $4,782,000 for 2015 and $43,449,000 for 2016.
166.1The 2017 appropriation includes $4,827,000 for 2016 and
$44,856,000 $43,935,000 for
166.22017.
166.3EFFECTIVE DATE.This section is effective the day following final enactment.