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Key: (1) language to be deleted (2) new language

CHAPTER 396--S.F.No. 2908
An act
relating to state government; making changes to school district
health and wellness provisions; requiring an additional local share for certain
nursing facilities; allowing an alternative to the nursing facility rate phase-in;
changing the name of an act; making changes to physical education standards;
creating a healthy kids program;amending Minnesota Statutes 2008, sections
120B.021, subdivision 1; 256B.19, by adding a subdivision; 256B.441, by
adding a subdivision; Minnesota Statutes 2009 Supplement, sections 120B.023,
subdivision 2; 402A.01; proposing coding for new law in Minnesota Statutes,
chapter 121A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2008, section 120B.021, subdivision 1, is amended to
read:
    Subdivision 1. Required academic standards. The following subject areas are
required for statewide accountability:
    (1) language arts;
    (2) mathematics;
    (3) science;
    (4) social studies, including history, geography, economics, and government and
citizenship;
(5) physical education;
    (6) health and physical education, for which locally developed academic standards
apply; and
    (6) (7) the arts, for which statewide or locally developed academic standards apply,
as determined by the school district. Public elementary and middle schools must offer at
least three and require at least two of the following four arts areas: dance; music; theater;
and visual arts. Public high schools must offer at least three and require at least one of the
following five arts areas: media arts; dance; music; theater; and visual arts.
    The commissioner must submit proposed standards in science and social studies to
the legislature by February 1, 2004.
For purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very few students
with extreme cognitive or physical impairments for whom an individualized education
plan team has determined that the required academic standards are inappropriate.
An individualized education plan team that makes this determination must establish
alternative standards.
    A school district, no later than the 2007-2008 school year, must adopt graduation
requirements that meet or exceed state graduation requirements established in law or
rule. A school district that incorporates these state graduation requirements before the
2007-2008 school year must provide students who enter the 9th grade in or before
the 2003-2004 school year the opportunity to earn a diploma based on existing locally
established graduation requirements in effect when the students entered the 9th grade.
District efforts to develop, implement, or improve instruction or curriculum as a result
of the provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.
    The commissioner must include the contributions of Minnesota American Indian
tribes and communities as they relate to the academic standards during the review and
revision of the required academic standards.
EFFECTIVE DATE.This section is effective the day following final enactment
and applies to all school districts and charter schools beginning in the 2012-2013 school
year and later.

    Sec. 2. Minnesota Statutes 2009 Supplement, section 120B.023, subdivision 2, is
amended to read:
    Subd. 2. Revisions and reviews required. (a) The commissioner of education must
revise and appropriately embed technology and information literacy standards consistent
with recommendations from school media specialists into the state's academic standards
and graduation requirements and implement a review cycle for state academic standards
and related benchmarks, consistent with this subdivision. During each review cycle, the
commissioner also must examine the alignment of each required academic standard and
related benchmark with the knowledge and skills students need for college readiness and
advanced work in the particular subject area.
(b) The commissioner in the 2006-2007 school year must revise and align the state's
academic standards and high school graduation requirements in mathematics to require
that students satisfactorily complete the revised mathematics standards, beginning in the
2010-2011 school year. Under the revised standards:
(1) students must satisfactorily complete an algebra I credit by the end of eighth
grade; and
(2) students scheduled to graduate in the 2014-2015 school year or later must
satisfactorily complete an algebra II credit or its equivalent.
The commissioner also must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 are aligned with the state academic
standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph
(b). The commissioner must implement a review of the academic standards and related
benchmarks in mathematics beginning in the 2015-2016 school year.
(c) The commissioner in the 2007-2008 school year must revise and align the state's
academic standards and high school graduation requirements in the arts to require that
students satisfactorily complete the revised arts standards beginning in the 2010-2011
school year. The commissioner must implement a review of the academic standards and
related benchmarks in arts beginning in the 2016-2017 school year.
(d) The commissioner in the 2008-2009 school year must revise and align the state's
academic standards and high school graduation requirements in science to require that
students satisfactorily complete the revised science standards, beginning in the 2011-2012
school year. Under the revised standards, students scheduled to graduate in the 2014-2015
school year or later must satisfactorily complete a chemistry or physics credit. The
commissioner must implement a review of the academic standards and related benchmarks
in science beginning in the 2017-2018 school year.
(e) The commissioner in the 2009-2010 school year must revise and align the state's
academic standards and high school graduation requirements in language arts to require
that students satisfactorily complete the revised language arts standards beginning in the
2012-2013 school year. The commissioner must implement a review of the academic
standards and related benchmarks in language arts beginning in the 2018-2019 school year.
(f) The commissioner in the 2010-2011 school year must revise and align the state's
academic standards and high school graduation requirements in social studies to require
that students satisfactorily complete the revised social studies standards beginning in the
2013-2014 school year. The commissioner must implement a review of the academic
standards and related benchmarks in social studies beginning in the 2019-2020 school year.
(g) School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, physical education, world
languages, and career and technical education to require students to complete the revised
standards beginning in a school year determined by the school district or charter school.
School districts and charter schools must formally establish a periodic review cycle for
the academic standards and related benchmarks in health, physical education, world
languages, and career and technical education.
EFFECTIVE DATE.This section is effective the day following final enactment
and applies to all school districts and charter schools beginning in the 2012-2013 school
year and later.

    Sec. 3. [121A.215] LOCAL SCHOOL DISTRICT WELLNESS POLICIES; WEB
SITE.
When available, a school district must post its current local school wellness policy
on its Web site.
EFFECTIVE DATE.This section is effective August 1, 2010.

    Sec. 4. Minnesota Statutes 2008, section 256B.19, is amended by adding a subdivision
to read:
    Subd. 1e. Additional local share of certain nursing facility costs. Beginning
January 1, 2011, local government entities that own the physical plant or are the
license holders of nursing facilities receiving rate adjustments under section 256B.441,
subdivision 55a, shall be responsible for paying the portion of nonfederal costs calculated
under section 256B.441, subdivision 55a, paragraph (d). Payments of the nonfederal share
shall be made monthly to the commissioner in amounts determined in accordance with
section 256B.441, subdivision 55a, paragraph (d). Payments for each month beginning
in January 2011 through September 2015 shall be due by the 15th day of the following
month. If any provider obligated to pay an amount under this subdivision is more than two
months delinquent in the timely payment of the monthly installment, the commissioner
may withhold payments, penalties, and interest in accordance with the methods outlined in
section 256.9657, subdivision 7a.

    Sec. 5. Minnesota Statutes 2008, section 256B.441, is amended by adding a
subdivision to read:
    Subd. 55a. Alternative to phase-in for publicly owned nursing facilities. (a) For
operating payment rates implemented between January 1, 2011, and September 30, 2015,
the commissioner shall allow nursing facilities whose physical plant is owned or whose
license is held by a city, county, or hospital district to apply for a higher payment rate
under this section if the local government entity agrees to pay a specified portion of the
nonfederal share of medical assistance costs. Nursing facilities that apply shall be eligible
to select an operating payment rate, with a weight of 1.00, up to the rate calculated in
subdivision 54, without application of the phase-in under subdivision 55. The rates for the
other RUG's levels shall be computed as provided under subdivision 54.
(b) Rates determined under this subdivision shall take effect beginning January 1,
2011, based on cost reports for the rate year ending September 30, 2009, and in future rate
years, rates determined for nursing facilities participating under this subdivision shall take
effect on October 1 of each year, based on the most recent available cost report.
(c) Eligible nursing facilities that wish to participate under this subdivision shall
make an application to the commissioner by September 30, 2010. Participation under this
subdivision is irrevocable. If paragraph (a) does not result in a rate greater than what
would have been provided without application of this subdivision, a facility's rates shall be
calculated as otherwise provided and no payment by the local government entity shall
be required under paragraph (d).
(d) For each participating nursing facility, the public entity that owns the physical
plant or is the license holder of the nursing facility shall pay to the state the entire
nonfederal share of medical assistance payments received as a result of the difference
between the nursing facility's payment rate under subdivision 54, paragraph (a), and
the rates that the nursing facility would otherwise be paid without application of this
subdivision under subdivision 55 as determined by the commissioner.
(e) The commissioner may, at any time, reduce the payments under this subdivision
based on the commissioner's determination that the payments shall cause nursing facility
rates to exceed the state's Medicare upper payment limit or any other federal limitation. If
the commissioner determines a reduction is necessary, the commissioner shall reduce all
payment rates for participating nursing facilities by a percentage applied to the amount of
increase they would otherwise receive under this subdivision and shall notify participating
facilities of the reductions. If payments to a nursing facility are reduced, payments under
section 256B.19, subdivision 1e, shall be reduced accordingly.

    Sec. 6. Minnesota Statutes 2009 Supplement, section 402A.01, is amended to read:
402A.01 CITATION.
Sections 402A.01 to 402A.50 may be cited as the "State-County Results,
Accountability, and Service Delivery Reform Redesign Act."

    Sec. 7. DEPARTMENT OF EDUCATION.
    Subdivision 1. Recess guidelines. The department is encouraged to develop
guidelines that school districts can adopt that promote quality recess practices and
behaviors that engage all students, increase their activity levels, build social skills, and
decrease behavioral issues.
    Subd. 2. Common course catalogue. The department is encouraged to include
all physical education classes, district physical education standards, and local physical
education graduation requirements that districts offer as part of the Minnesota common
course catalogue.
    Subd. 3. Standards adoption. Notwithstanding Minnesota Statutes, sections
120B.021, subdivision 2, and 120B.023, any statutory criteria required when reviewing
or revising standards and benchmarks and any requirements governing the content of
statewide standards or any other law to the contrary, the commissioner of education shall
initially adopt the most recent standards developed by the National Association for Sport
and Physical Education for physical education in grades kindergarten through 12.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 8. [124D.955] HEALTHY KIDS AWARDS PROGRAM.
    Subdivision 1. Establishment. The healthy kids awards program is established to
reward kindergarten through grade 12 schools that implement policies and practices that
create opportunities for students to be physically active and make healthy food choices
throughout the day. The program seeks to integrate physical activity into nonphysical
education classes, recess, and extracurricular activities throughout the day in addition to
the physical education received in physical education classes. The program also seeks to
integrate nutrition education and healthy food and beverage choices throughout the school
environment, including classrooms, cafeteria, vending, school stores, and fund-raising.
The program requirements align with the Institute of Medicine's guidelines for school
food and beverages.
    Subd. 2. Participation by school districts. School districts may submit letters of
intent to participate in the healthy kids awards program to the commissioner of education
by September 15 of each school year. Schools that report to the commissioner of education
and meet the program criteria developed by the commissioner will have a "Healthy Kids
Award" indicator placed on the school report card.
EFFECTIVE DATE.This section is effective the day following final enactment
and applies beginning in the 2010-2011 school year and later.

    Sec. 9. EFFECTIVE UPON FEDERAL APPROVAL.
Sections 4 and 5 shall be implemented only upon federal approval. The
commissioner of human services shall delay the effective date of sections 4 and 5
if necessary in order to avoid loss of enhanced federal Medicaid matching funds as
authorized by the American Recovery and Reinvestment Act of 2009 and extended by
any subsequent law.
Presented to the governor May 18, 2010
Signed by the governor May 25, 2010, 11:27 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569