HF 2949

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/29/2012 02:54pm

A bill for an act
relating to education; modifying certain early childhood and kindergarten
through grade 12 policy and finance provisions; requiring reports; appropriating
money; amending Minnesota Statutes 2010, sections 120B.13, subdivision
4; 122A.61, subdivision 1; 124D.09, subdivisions 9, 10, 12, 24; 135A.101,
subdivision 1; 471.975; Minnesota Statutes 2011 Supplement, sections 120B.07;
120B.08; 120B.09; 120B.36, subdivision 1; 124D.09, subdivision 5; 126C.126;
126C.40, subdivision 1; Laws 2011, First Special Session chapter 11, article 5,
section 11; article 7, section 2, subdivision 8; proposing coding for new law in
Minnesota Statutes, chapter 123B; repealing Minnesota Statutes 2010, sections
124D.09, subdivision 23; 127A.095, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2011 Supplement, section 120B.07, is amended to read:

120B.07 EARLY GRADUATION.

deleted text begin (a) deleted text end Notwithstanding any law to the contrary, any secondary school student who has
completed all required courses or standards may, with the approval of the student, the
student's parent or guardian, and local school officials, graduate before the completion
of the school year.

deleted text begin (b) General education revenue attributable to the student must be paid as though
the student was in attendance for the entire year unless the student participates in the
early graduation achievement scholarship program under section 120B.08 or the early
graduation military service award program under section 120B.09.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2012 and later.
new text end

Sec. 2.

Minnesota Statutes 2011 Supplement, section 120B.08, is amended to read:

120B.08 EARLY GRADUATION ACHIEVEMENT SCHOLARSHIP
PROGRAM.

Subdivision 1.

Participation.

A student who qualifies for early graduation under
section 120B.07 new text begin , who meets the criteria in subdivision 1a and who has not participated in
the early graduation military service award program under section 120B.09, new text end is eligible to
participate in the early graduation achievement scholarship program.

new text begin Subd. la. new text end

new text begin Eligible student. new text end

new text begin For purposes of this section, an eligible student is a
secondary student enrolled in a Minnesota public school who, at the time of graduation,
generated Minnesota general education revenue and who graduates prior to the end of the
fourth school year after first enrolling in ninth grade.
new text end

Subd. 2.

Scholarship amounts.

A student who participates in the early graduation
achievement scholarship program is eligible for a scholarship of $2,500 if the student
deleted text begin qualifies for graduation deleted text end new text begin graduates new text end one semester or two trimesters early, $5,000 if the
student deleted text begin qualifies for graduation deleted text end new text begin graduates new text end two semesters or three or four trimesters early,
or $7,500 if the student deleted text begin qualifies for graduation deleted text end new text begin graduates new text end three or more semesters or five
or more trimesters early. new text begin Participation in the optional summer term, extended day sessions,
and intersessions of a state-approved learning year program under section 124D.128 are
considered a quarter for purposes of computing scholarship amounts.
new text end

Subd. 3.

Scholarship uses.

An early graduation achievement scholarship may be
used at any deleted text begin accredited deleted text end institution of higher education new text begin accredited by an accrediting agency
recognized by the United States Department of Education new text end .

Subd. 4.

Application.

A qualifying student may apply to the commissioner of
education for an early graduation achievement scholarship. The application must be in the
form and manner specified by the commissioner new text begin and must be received at the department
within two calendar years of the date of graduation new text end . Upon verification of the qualifying
student's course completion necessary for graduation, the department must issue the
student a certificate showing the student's scholarship amount.

Subd. 5.

Enrollment verification.

A student who qualifies under this section
and enrolls in an accredited higher education institution must submit a form to the
commissioner verifying the student's enrollment in the higher education institution and the
tuition charges for that semester. Within deleted text begin 15 deleted text end new text begin 45 new text end days of receipt of a student's enrollment
and tuition verification form, the commissioner must issue a scholarship check to the
deleted text begin student deleted text end new text begin higher education institution new text end in the lesser of the tuition amount for that semester
or the maximum amount of the student's early graduation achievement scholarship. A
student may continue to submit enrollment verification forms to the commissioner until
the student has used the full amount of the student's graduation achievement scholarship new text begin or
six years from the date of the student's graduation, whichever occurs first. The scholarship
cannot be renewed new text end .

Subd. 6.

General education money transferred.

The commissioner must transfer
the amounts necessary to fund the early graduation achievement scholarships from the
general education aid appropriation for that year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2012 and later.
new text end

Sec. 3.

Minnesota Statutes 2011 Supplement, section 120B.09, is amended to read:

120B.09 EARLY GRADUATION MILITARY SERVICE AWARD PROGRAM.

Subdivision 1.

Eligibility.

For purposes of this section, "eligible person" means a
secondary student enrolled in any Minnesota public school new text begin who, at the time of graduation,
generated Minnesota general education revenue, new text end who qualifies for early graduation under
section 120B.07 new text begin , who graduated prior to the end of the fourth school year after first
enrolling in ninth grade, who has not participated in the early graduation achievement
scholarship program under section 120B.08, new text end and who, before the end of the calendar
year of the student's graduation, enters into active service in either the active or reserve
component of the United States armed forces and deploys for 60 days or longer to a
military base or installation outside Minnesota for the purpose of attending basic military
training or military school and, if required by the military, performing other military duty.
The active service may be in accordance with United States Code, title 10 or title 32.

Subd. 2.

Application.

An eligible person may apply to the commissioner of
education for an early graduation military service bonus. The application must be in the
form and manner specified by the commissioner new text begin and must be received at the department
within two calendar years of the date of graduation new text end .

Subd. 3.

Verification and award.

new text begin The request for payment must be received at
the department by the end of the fiscal year following the fiscal year in which the student
graduated. new text end Upon verification of the qualifying student's course completion necessary for
graduation and eligibility for the military service bonus, the commissioner must issue
payment to that person. Payment amounts must be determined according to section
120B.08, subdivision 2. new text begin Once the original amount of the award has been paid, it cannot be
renewed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2012 and later.
new text end

Sec. 4.

Minnesota Statutes 2010, section 120B.13, subdivision 4, is amended to read:

Subd. 4.

new text begin Rigorous course taking new text end information new text begin ; AP, IB, and PSEO new text end .

The
commissioner shall submit the following information new text begin on rigorous course taking new text end to the
education committees of the legislature each year by February 1:

(1) the number of pupils enrolled in new text begin postsecondary enrollment options under
section 124D.09, including concurrent enrollment, new text end advanced placement new text begin , new text end and international
baccalaureate courses in each school district;

(2) the number of teachers in each district attending training programs offered by
the college board deleted text begin or deleted text end new text begin , new text end International Baccalaureate North America, Inc. new text begin , or Minnesota
concurrent enrollment programs new text end ;

(3) the number of teachers in each district participating in support programs;

(4) recent trends in the field of new text begin postsecondary enrollment options under section
124D.09, including concurrent enrollment, new text end advanced placement new text begin , new text end and international
baccalaureate programs;

(5) expenditures for each category in this section new text begin and under sections 124D.09 and
124D.091 new text end ; and

(6) other recommendations for the state program new text begin or the postsecondary enrollment
options under section 124D.09, including concurrent enrollment new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2012-2013 school year and
later.
new text end

Sec. 5.

Minnesota Statutes 2011 Supplement, section 120B.36, subdivision 1, is
amended to read:

Subdivision 1.

School performance report cards.

(a) The commissioner
shall report student academic performance under section 120B.35, subdivision 2; the
percentages of students showing low, medium, and high growth under section 120B.35,
subdivision 3, paragraph (b); school safety and student engagement and connection
under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under section
120B.35, subdivision 3, paragraph (c); two separate student-to-teacher ratios that clearly
indicate the definition of teacher consistent with sections 122A.06 and 122A.15 for
purposes of determining these ratios; staff characteristics excluding salaries; student
enrollment demographics; district mobility; and extracurricular activities. The report also
must indicate a school's adequate yearly progress status, and must not set any designations
applicable to high- and low-performing schools due solely to adequate yearly progress
status.

(b) The commissioner shall develop, annually update, and post on the department
Web site school performance report cards new text begin as described in paragraph (f) new text end .

(c) The commissioner must make available performance report cards by the
beginning of each school year.

(d) A school or district may appeal its adequate yearly progress status in writing to
the commissioner within 30 days of receiving the notice of its status. The commissioner's
decision to uphold or deny an appeal is final.

(e) School performance report card data are nonpublic data under section 13.02,
subdivision 9, until the commissioner publicly releases the data. The commissioner shall
annually post school performance report cards to the department's public Web site no later
than September 1, except that in years when the report card reflects new performance
standards, the commissioner shall post the school performance report cards no later than
October 1.

new text begin (f) The commissioner, for each school district and each school required to report
under this subdivision, must at least:
new text end

new text begin (1) title the commissioner's report "School Performance Report Card";
new text end

new text begin (2) display all required information on a single, easily accessible and understandable
Web page;
new text end

new text begin (3) using longitudinal data to display results over time, compare and display
corresponding state and local indicators on student proficiency in reading and math by
grade, school and district value-added ratings, the number and percentage of schools and
districts making or not making adequate yearly progress by student categories, a state and
local growth-based performance index, a school or district identified for improvement
and years in improvement status, and state and local attendance and graduation rates
by student categories; and
new text end

new text begin (4) display any accountability measures or ratings required by federal law or a
federally approved waiver of that law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2012-2013 school year and
later.
new text end

Sec. 6.

Minnesota Statutes 2010, section 122A.61, subdivision 1, is amended to read:

Subdivision 1.

Staff development revenue.

A district is required to reserve
an amount equal to at least two percent of the basic revenue under section 126C.10,
subdivision 2, for in-service education for programs under section 120B.22, subdivision
2, for staff development plans, including plans for challenging instructional activities
and experiences under section 122A.60, and for curriculum development and programs,
other in-service education, teachers' workshops, teacher conferences, the cost of
substitute teachers staff development purposes, preservice and in-service education for
special education professionals and paraprofessionals, and other related costs for staff
development efforts. A district may annually waive the requirement to reserve their basic
revenue under this section if a majority vote of the licensed teachers in the district and
a majority vote of the school board agree to a resolution to waive the requirement. A
district in statutory operating debt is exempt from reserving basic revenue according to
this section. Districts may expend an additional amount of unreserved revenue for staff
development based on their needs. deleted text begin With the exception of amounts reserved for staff
development from revenues allocated directly to school sites, the board must initially
allocate 50 percent of the reserved revenue to each school site in the district on a per
teacher basis, which must be retained by the school site until used. The board may
retain 25 percent to be used for district wide staff development efforts. The remaining
25 percent of the revenue must be used to make grants to school sites for best practices
methods. A grant may be used for any purpose authorized under section 120B.22,
subdivision 2, 122A.60, or for the costs of curriculum development and programs, other
in-service education, teachers' workshops, teacher conferences, substitute teachers for
staff development purposes, and other staff development efforts, and determined by
the site professional development team. The site professional development team must
demonstrate to the school board the extent to which staff at the site have met the outcomes
of the program. The board may withhold a portion of initial allocation of revenue if the
staff development outcomes are not being met.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 7.

new text begin [123B.022] PROHIBITIONS ON POLITICAL ACTIVITIES BY PUBLIC
SCHOOL EMPLOYEES.
new text end

new text begin Local school boards shall develop and implement policies to ensure that publicly
funded resources, including but not limited to time, materials, equipment, facilities, and
e-mail and other forms of technology used to communicate, are not used or authorized
for use by public employees to:
new text end

new text begin (1) advocate the election or defeat of any candidate for elective office;
new text end

new text begin (2) advocate the passage or defeat of any referendum question; or
new text end

new text begin (3) solicit funds for political purposes.
new text end

new text begin Such policies shall not prohibit public employees from engaging in political activities
except when they are performing duties assigned to them under their employment contract
with the district or representing their employer in an official capacity.
new text end

new text begin Such policies shall not prohibit the use of public funds for disseminating factual
information about a proposition appearing on a local ballot, if such information is factual
and does not advocate for or against the proposition.
new text end

new text begin All school districts must make these policies readily accessible to the public in paper
copy at the district office or on the district Web site.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2011 Supplement, section 124D.09, subdivision 5, is
amended to read:

Subd. 5.

Authorization; notification.

new text begin (a) new text end Notwithstanding any other law to the
contrary, an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled
tribal contract or grant school eligible for aid under section 124D.83, except a foreign
exchange pupil enrolled in a district under a cultural exchange program, may apply to an
eligible institution, as defined in subdivision 3, to enroll in nonsectarian new text begin academic and
career and technical new text end courses offered by that postsecondary institution.

new text begin (b) new text end Notwithstanding any other law to the contrary, a 9th or 10th grade pupil enrolled
in a district or an American Indian-controlled tribal contract or grant school eligible for
aid under section 124D.83, except a foreign exchange pupil enrolled in a district under a
cultural exchange program, may apply to enroll in nonsectarian new text begin academic and career and
technical new text end courses offered under subdivision 10, if after all 11th and 12th grade students
have applied for a course, additional students are necessary to offer the course.

new text begin (c) new text end If an institution accepts a secondary pupil for enrollment under this section, the
institution shall send written notice to the pupil, the pupil's school or school district, and
the commissioner within ten days of acceptance. The notice must indicate the course
and hours of enrollment of that pupil. If the pupil enrolls in a course for postsecondary
credit, the institution must notify the pupil about payment in the customary manner used
by the institution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2012-2013 school year and
later.
new text end

Sec. 9.

Minnesota Statutes 2010, section 124D.09, subdivision 9, is amended to read:

Subd. 9.

Enrollment priority.

A postsecondary institution shall give priority to
its postsecondary students when enrolling 11th and 12th grade pupils in its courses. A
postsecondary institution may provide information about its programs to a secondary
school or to a pupil or parent deleted text begin , but it may not advertise or otherwise recruit or solicit
the participation of secondary pupils to enroll in its programs on financial grounds deleted text end .
An institution must not enroll secondary pupils, for postsecondary enrollment options
purposes, in remedial, developmental, or other courses that are not college level. Once a
pupil has been enrolled in a postsecondary course under this section, the pupil shall not
be displaced by another student.

Sec. 10.

Minnesota Statutes 2010, section 124D.09, subdivision 10, is amended to read:

Subd. 10.

Courses according to agreements.

new text begin (a) new text end An eligible pupil, according to
subdivision 5, may enroll in a nonsectarian new text begin academic or career and technical new text end course taught
by a secondary teacher or a postsecondary faculty member and offered at a secondary
school, or another location, according to an agreement between a public school board and
the governing body of an eligible public postsecondary system or an eligible private
postsecondary institution, as defined in subdivision 3. All provisions of this section shall
apply to a pupil, public school board, district, and the governing body of a postsecondary
institution, except as otherwise provided.

new text begin (b) Participating public school boards, districts, and eligible institutions may enter
into an academic and career and technical education joint partnership with local or regional
businesses or other entrepreneurs to help interested students pursue both academic and
career and technical courses leading to an industry credential and a successful transition to
postsecondary career and college education.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2012-2013 school year and
later.
new text end

Sec. 11.

Minnesota Statutes 2010, section 124D.09, subdivision 12, is amended to read:

Subd. 12.

Credits.

deleted text begin A pupil may enroll in a course under this section for either
secondary credit or postsecondary credit. At the time a pupil enrolls in a course, the pupil
shall designate whether the course is for secondary or postsecondary credit. A pupil taking
several courses may designate some for secondary credit and some for postsecondary
credit. deleted text end A pupil must not audit a course under this section.

A district shall grant academic credit to a pupil enrolled in a course for secondary
credit if the pupil successfully completes the course. Seven quarter or four semester
college credits equal at least one full year of high school credit. Fewer college credits may
be prorated. A district must also grant academic credit to a pupil enrolled in a course for
postsecondary credit if secondary credit is requested by a pupil. If no comparable course is
offered by the district, the district must, as soon as possible, notify the commissioner, who
shall determine the number of credits that shall be granted to a pupil who successfully
completes a course. If a comparable course is offered by the district, the school board
shall grant a comparable number of credits to the pupil. If there is a dispute between the
district and the pupil regarding the number of credits granted for a particular course, the
pupil may appeal the board's decision to the commissioner. The commissioner's decision
regarding the number of credits shall be final.

The secondary credits granted to a pupil must be counted toward the graduation
requirements and subject area requirements of the district. Evidence of successful
completion of each course and secondary credits granted must be included in the pupil's
secondary school record. A pupil shall provide the school with a copy of the pupil's grade
in each course taken for secondary credit under this section. Upon the request of a pupil,
the pupil's secondary school record must also include evidence of successful completion
and credits granted for a course taken for postsecondary credit. In either case, the record
must indicate that the credits were earned at a postsecondary institution.

If a pupil enrolls in a postsecondary institution after leaving secondary school, the
postsecondary institution must award postsecondary credit for any course successfully
completed for secondary credit at that institution. Other postsecondary institutions may
award, after a pupil leaves secondary school, postsecondary credit for any courses
successfully completed under this section. An institution may not charge a pupil for
the award of credit.

The Board of Trustees of the Minnesota State Colleges and Universities and
the Board of Regents of the University of Minnesota must, and private nonprofit and
proprietary postsecondary institutions should, award postsecondary credit for any
successfully completed courses in a program certified by the National Alliance of
Concurrent Enrollment Partnerships offered according to an agreement under subdivision
10.

Sec. 12.

Minnesota Statutes 2010, section 124D.09, subdivision 24, is amended to read:

Subd. 24.

Limit; state obligation.

The provisions of subdivisions 13, 19, new text begin and
new text end 22 deleted text begin , and 23 deleted text end shall not apply for any postsecondary courses in which a pupil is enrolled in
addition to being enrolled full time in that pupil's district or for any postsecondary course
in which a pupil is enrolled for postsecondary credit. The pupil is enrolled full time if
the pupil attends credit-bearing classes in the high school or high school program for
all of the available hours of instruction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2012-2013 school year and
later.
new text end

Sec. 13.

Minnesota Statutes 2011 Supplement, section 126C.126, is amended to read:

126C.126 REALLOCATING GENERAL EDUCATION REVENUE FOR
ALL-DAY KINDERGARTEN AND PREKINDERGARTEN.

deleted text begin (a) In order to provide additional revenue for an optional all-day kindergarten
program, a district may reallocate general education revenue attributable to 12th grade
students who have graduated early under section 120B.07 and who do not participate in
the early graduation achievement scholarship program under section 120B.08 or the early
graduation military service award program under section 120B.09.
deleted text end

deleted text begin (b) deleted text end A school district may spend general education revenue on extended time
kindergarten and prekindergarten programs.

Sec. 14.

Minnesota Statutes 2011 Supplement, section 126C.40, subdivision 1, is
amended to read:

Subdivision 1.

To lease building or land.

(a) When an independent or a special
school district or a group of independent or special school districts finds it economically
advantageous to rent or lease a building or land for any instructional purposes or for
school storage or furniture repair, and it determines that the operating capital revenue
authorized under section 126C.10, subdivision 13, is insufficient for this purpose, it may
apply to the commissioner for permission to make an additional capital expenditure levy
for this purpose. An application for permission to levy under this subdivision must contain
financial justification for the proposed levy, the terms and conditions of the proposed
lease, and a description of the space to be leased and its proposed use.

(b) The criteria for approval of applications to levy under this subdivision must
include: the reasonableness of the price, the appropriateness of the space to the proposed
activity, the feasibility of transporting pupils to the leased building or land, conformity
of the lease to the laws and rules of the state of Minnesota, and the appropriateness of
the proposed lease to the space needs and the financial condition of the district. The
commissioner must not authorize a levy under this subdivision in an amount greater than
the cost to the district of renting or leasing a building or land for approved purposes.
The proceeds of this levy must not be used for custodial or other maintenance services.
A district may not levy under this subdivision for the purpose of leasing or renting a
district-owned building or site to itself.

(c) For agreements finalized after July 1, 1997, a district may not levy under this
subdivision for the purpose of leasing: (1) a newly constructed building used primarily
for regular kindergarten, elementary, or secondary instruction; or (2) a newly constructed
building addition or additions used primarily for regular kindergarten, elementary, or
secondary instruction that contains more than 20 percent of the square footage of the
previously existing building.

(d) Notwithstanding paragraph (b), a district may levy under this subdivision for the
purpose of leasing or renting a district-owned building or site to itself only if the amount
is needed by the district to make payments required by a lease purchase agreement,
installment purchase agreement, or other deferred payments agreement authorized by law,
and the levy meets the requirements of paragraph (c). A levy authorized for a district by
the commissioner under this paragraph may be in the amount needed by the district to
make payments required by a lease purchase agreement, installment purchase agreement,
or other deferred payments agreement authorized by law, provided that any agreement
include a provision giving the school districts the right to terminate the agreement
annually without penalty.

(e) The total levy under this subdivision for a district for any year must not exceed
$150 times the resident pupil units for the fiscal year to which the levy is attributable.

(f) For agreements for which a review and comment have been submitted to the
Department of Education after April 1, 1998, the term "instructional purpose" as used in
this subdivision excludes expenditures on stadiums.

(g) The commissioner of education may authorize a school district to exceed the
limit in paragraph (e) if the school district petitions the commissioner for approval. The
commissioner shall grant approval to a school district to exceed the limit in paragraph (e)
for not more than five years if the district meets the following criteria:

(1) the school district has been experiencing pupil enrollment growth in the
preceding five years;

(2) the purpose of the increased levy is in the long-term public interest;

(3) the purpose of the increased levy promotes colocation of government services;
and

(4) the purpose of the increased levy is in the long-term interest of the district by
avoiding over construction of school facilities.

(h) A school district that is a member of an intermediate school district may include
in its authority under this section the costs associated with leases of administrative and
classroom space for intermediate school district programs. This authority must not exceed
$43 times the adjusted marginal cost pupil units of the member districts. This authority is
in addition to any other authority authorized under this section.

(i) In addition to the allowable capital levies in paragraph (a), for taxes payable in
2012, a district that is a member of the "Technology and Information Education Systems"
data processing joint board, that finds it economically advantageous to enter into a lease
agreement to finance improvements to a building for a group of school districts or special
school districts for staff development purposes, may levy for its portion of lease costs
attributed to the district within the total levy limit in paragraph (e). The total levy authority
under this paragraph shall not exceed $632,000.

new text begin (j) Notwithstanding paragraph (a), a district may levy under this subdivision for the
purpose of leasing administrative space if the district can demonstrate to the satisfaction of
the commissioner that the lease cost for the administrative space is no greater than the
lease cost for instructional space that the district would otherwise lease. The commissioner
must deny this levy authority unless the district passes a resolution stating its intent to
lease instructional space under this section if the commissioner does not grant authority
under this paragraph. The resolution must also certify that the lease cost for administrative
space under this paragraph is no greater than the lease cost for the district's proposed
instructional lease.
new text end

Sec. 15.

Minnesota Statutes 2010, section 135A.101, subdivision 1, is amended to read:

Subdivision 1.

Requirements for participation.

To participate in the postsecondary
enrollment options program, a college or university must abide by the provisions in this
section. The institution may provide information about its programs to a secondary school
or to a pupil or parent deleted text begin , but may not recruit or solicit participation on financial grounds deleted text end .

Sec. 16.

Minnesota Statutes 2010, section 471.975, is amended to read:

471.975 MAY PAY DIFFERENTIAL OF RESERVE ON ACTIVE DUTY.

(a) Except as provided in paragraph (b), a statutory or home rule charter city, county,
town, or other political subdivision may pay to each eligible member of the National
Guard or other reserve component of the armed forces of the United States an amount
equal to the difference between the member's base active duty military salary and the
salary the member would be paid as an active political subdivision employee, including
any adjustments the member would have received if not on leave of absence. This
payment may be made only to a person whose base active duty military salary is less than
the salary the person would be paid as an active political subdivision employee. Back pay
authorized by this section may be paid in a lump sum. Payment under this section must
not extend beyond four years from the date the employee reported for active service, plus
any additional time the employee may be legally required to serve.

(b) Subject to the limits under paragraph (g), each school district shall pay to each
eligible member of the National Guard or other reserve component of the armed forces
of the United States an amount equal to the difference between the member's base active
duty military salary and the salary the member would be paid as an active school district
employee, including any adjustments the member would have received if not on leave
of absence. The pay differential must be based on a comparison between the member's
daily base rate of active duty pay, calculated by dividing the member's base military
monthly salary by the number of paid days in the month, and the member's daily rate of
pay for the member's school district salary, calculated by dividing the member's total
school district salary by the number of contract days. The member's salary as a school
district employee must include the member's basic salary and any additional salary the
member earns from the school district for cocurricular and extracurricular activities. The
differential payment under this paragraph must be the difference between the daily base
rates of military pay times the number of school district contract days the member misses
because of military active duty. This payment may be made only to a person whose daily
base rate of active duty pay is less than the person's daily rate of pay as an active school
district employee. Payments may be made at the intervals at which the member received
pay as a school district employee. Payment under this section must not extend beyond
four years from the date the employee reported for active service, plus any additional time
the employee may be legally required to serve.

(c) An eligible member of the reserve components of the armed forces of the United
States is a reservist or National Guard member who was an employee of a political
subdivision at the time the member reported for active service on or after May 29, 2003,
or who is on active service on May 29, 2003.

(d) Except as provided in paragraph (e) and elsewhere in Minnesota Statutes, a
statutory or home rule charter city, county, town, or other political subdivision has total
discretion regarding employee benefit continuation for a member who reports for active
service and the terms and conditions of any benefit.

(e) A school district must continue the employee's enrollment in health and dental
coverage, and the employer contribution toward that coverage, until the employee is
covered by health and dental coverage provided by the armed forces. If the employee had
elected dependent coverage for health or dental coverage as of the time that the employee
reported for active service, a school district must offer the employee the option to continue
the dependent coverage at the employee's own expense. A school district must permit
the employee to continue participating in any pretax account in which the employee
participated when the employee reported for active service, to the extent of employee pay
available for that purpose.

(f) For purposes of this section, "active service" has the meaning given in section
190.05, subdivision 5, but excludes service performed exclusively for purposes of:

(1) basic combat training, advanced individual training, annual training, and periodic
inactive duty training;

(2) special training periodically made available to reserve members; and

(3) service performed in accordance with section 190.08, subdivision 3.

(g) deleted text begin A school district making payments under paragraph (b) shall place a sum equal
to any difference between the amount of salary that would have been paid to the employee
who is receiving the payments and the amount of salary being paid to substitutes for
that employee into a special fund that must be used to pay or partially pay the deployed
employee's payments under paragraph (b). A school district is required to pay only this
amount to the deployed school district employee. deleted text end new text begin When an employee of a school district
who, as a member of the National Guard or any other reserve unit of the United States
armed forces, reports for active service as defined in section 190.05, subdivision 5, the
district must place into a special service member's aggregate salary savings account a sum
equal to the positive difference between the amount of salary the district would have paid
to the employee and the amount of salary paid to any substitute for the employee's position
during the employee's leave for military service. The district must use the combined
proceeds in the account only to fully pay, or partially pay in proportionate amounts, the
salary differentials of all eligible deployed employees in the district, as determined under
paragraph (b). A school district's obligation to make payments under this section is limited
to the amount of money in the account.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012, for school district
employees serving in active military duty on or after that date.
new text end

Sec. 17.

Laws 2011, First Special Session chapter 11, article 5, section 11, is amended
to read:

Sec. 11. FUND TRANSFER; FISCAL YEARS 2012 deleted text begin AND 2013 deleted text end new text begin THROUGH
2015 new text end ONLY.

(a) Notwithstanding Minnesota Statutes, section 123B.80, subdivision 3, for fiscal
years 2012 deleted text begin and 2013 deleted text end new text begin through 2015 new text end only, the commissioner must approve a request for a
fund transfer if the transfer does not increase state aid obligations to the district or result in
additional property tax authority for the district. This section does not permit transfers
from the community service fund or the food service fund.

(b) A school board may approve a fund transfer under paragraph (a) only after
adopting a resolution stating the fund transfer will not diminish instructional opportunities
for students.

new text begin EFFECTIVE DATE. new text end

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

Sec. 18.

Laws 2011, First Special Session chapter 11, article 7, section 2, subdivision
8, is amended to read:

Subd. 8.

Early childhood education scholarships.

For grants to early childhood
education scholarships for public or private early childhood preschool programs for
children ages 3 to 5:

$

4,000,000

.....

2013

(a) All children whose parents or legal guardians meet the eligibility requirements
of paragraph (b) established by the commissioner are eligible to receive early childhood
education scholarships under this section.

(b) A parent or legal guardian is eligible for an early childhood education
scholarship new text begin , to be used for a program provider of the parents' or legal guardians' choice, new text end if
the parent or legal guardian:

(1) has a child three or four years of age on September 1, beginning in calendar
year 2012; and

(2)(i) has income equal to or less than 47 percent of the state median income in the
current calendar year; or

(ii) can document their child's identification through another public funding
eligibility process, including the Free and Reduced Price Lunch Program, National School
Lunch Act, United States Code, title 42, section 1751, part 210; Head Start under federal
Improving Head Start for School Readiness Act of 2007; Minnesota family investment
program under chapter 256J; and child care assistance programs under chapter 119B.

new text begin (c) Of the amount appropriated under this section, $250,000 is for a grant to the
parent-child home program.
new text end

new text begin (d) new text end Each year, new text begin the Department of Education must award one-half of the early
childhood education scholarship money to parents and legal guardians who reside in the
seven-county metropolitan area and the other half to parents and legal guardians who live
in greater Minnesota. If any money remains from either half after the initial applications,
the commissioner may use that money to make early education scholarships in the
other region. new text end If this appropriation is insufficient to provide early childhood education
scholarships to all eligible children, the Department of Education shall make scholarships
available on a first-come, first-served basis new text begin within each of the two geographic regions of
the state new text end .

new text begin (e) new text end The commissioner of education shall submit a written report to the education
committees of the legislature by January 15, 2012, describing its plan for implementation
of scholarships under this subdivision for the 2012-2013 school year.

new text begin (f) new text end Any balance in the first year does not cancel but is available in the second year.

new text begin (g) new text end The base for this program is $2,000,000 each year.

new text begin EFFECTIVE DATE. new text end

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

Sec. 19. new text begin CAREER AND TECHNICAL EDUCATION ADVISORY TASK
FORCE.
new text end

new text begin (a) A career and technical education advisory task force is established to develop
recommendations for better integrating career and technical education into kindergarten
through grade 12 curriculum and instruction, improving teachers' ability to help students
prepare for college and careers by measures that include increasing the number of
teachers with a master's degree in a content area directly related to the teachers'
teaching assignment, and successfully meeting 21st century challenges through a more
comprehensive approach to kindergarten through grade 12 education that includes
expanded work-based learning opportunities and opportunities for 9th and 10th grade
students to participate in postsecondary enrollment options under Minnesota Statutes,
section 124D.09. The advisory task force must at least examine the role of school
administrators, teachers, policy makers, and others in:
new text end

new text begin (1) expecting career and technical education to provide students with high levels of
skills and academic proficiency;
new text end

new text begin (2) using career and technical education to improve students' mathematics scores;
new text end

new text begin (3) understanding how the federal No Child Left Behind Act limits a student's ability
to pursue career and technical education; and
new text end

new text begin (4) remedying the absence of and need for access to tools and equipment to provide
students with hands-on learning.
new text end

new text begin (b) Advisory task force members must include representatives of the following
entities selected by that entity: the Minnesota Association of Career and Technical
Administrators; the Minnesota Association for Career and Technical Education; University
of Minnesota and Minnesota State Colleges and Universities faculty working to develop
career and technical educators in Minnesota; the National Research Center for Career and
Technical Education; the Department of Education; the Board of Teaching; the Minnesota
Association of Colleges for Teacher Education; and any other representatives selected by
the task force members. The education commissioner, or the commissioner's designee,
must convene the task force. Task force members are not eligible for compensation or
reimbursement for expenses related to task force activities.
new text end

new text begin (c) The commissioner, upon request, must provide technical assistance to the task
force.
new text end

new text begin (d) The task force must submit its recommendations under this section to the
legislative committees with jurisdiction over kindergarten through grade 12 education by
February 15, 2013.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 20. new text begin REPORT; NO CHILD LEFT BEHIND ACT 2012 WAIVER
IMPLEMENTATION COST.
new text end

new text begin The commissioner of education must submit to the K-12 education committees of
the legislature by February 15, 2013, a written report containing an up-to-date plan for
fully implementing the federally approved 2012 No Child Left Behind Act waiver, a
summary of state and local costs and all public and nonpublic expenditures to-date related
to that implementation, and a projected estimate of all remaining future costs related
to fully implementing the federal waiver.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 21. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums shown are added to or, if
shown in parentheses, subtracted from, the appropriations in Laws 2011, First Special
Session chapter 11, or any appropriation that replaces those appropriations, to the
Department of Education for the purposes specified. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose.
new text end

new text begin Subd. 2. new text end

new text begin General education aid. new text end

new text begin For general education aid under Minnesota
Statutes, section 126C.13, subdivision 4:
new text end

	new text begin $ new text end	new text begin (340,000) new text end	new text begin ..... new text end	new text begin 2012 new text end
	new text begin $ new text end	new text begin (669,000) new text end	new text begin ..... new text end	new text begin 2013 new text end

new text begin Subd. 3. new text end

new text begin Bemidji pupil transportation grant. new text end

new text begin For a pupil transportation grant to
Independent School District No. 31, Bemidji:
new text end

new text begin $ new text end

new text begin 250,000 new text end

new text begin ..... new text end

new text begin 2013 new text end

new text begin This is a onetime appropriation.
new text end

new text begin Subd. 4. new text end

new text begin Department of Education. new text end

new text begin For the Department of Education for additional
support and staffing related to digital and online learning:
new text end

new text begin $ new text end

new text begin 51,000 new text end

new text begin ..... new text end

new text begin 2013 new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 22. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, section 127A.095, subdivision 3, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2010, section 124D.09, subdivision 23, new text end new text begin is repealed effective
for the 2012-2013 school year and later.
new text end

new text begin EFFECTIVE DATE. new text end

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