1.1                          A bill for an act 
  1.2             relating to education; allowing students to skip grade 
  1.3             9 upon completion of certain graduation requirements; 
  1.4             allowing students access to above grade-level courses; 
  1.5             requiring reading intervention methods for pupils of 
  1.6             limited English proficiency who are enrolled in a 
  1.7             school district in the United States for the first 
  1.8             time; requiring school districts to use compensatory 
  1.9             revenue for reading intervention programs; requiring 
  1.10            staff development expenditures to be used for 
  1.11            qualified training programs; allowing school districts 
  1.12            to use alternative class size ratios in the subjects 
  1.13            of reading and math; amending Minnesota Statutes 2002, 
  1.14            sections 120B.07; 120B.12, subdivisions 1, 2, 3; 
  1.15            122A.60, subdivisions 1, 3; 122A.61, subdivision 1; 
  1.16            126C.12, by adding a subdivision; 126C.15, 
  1.17            subdivisions 1, 2; proposing coding for new law in 
  1.18            Minnesota Statutes, chapter 120B. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 2002, section 120B.07, is 
  1.21  amended to read: 
  1.22     120B.07 [EARLY GRADUATION.] 
  1.23     Subdivision 1.  [COMPLETION OF HIGH GRADE STANDARDS OR 
  1.24  COURSES.] Notwithstanding any law to the contrary, any secondary 
  1.25  school student who has completed all required courses or 
  1.26  standards may, with the approval of the student, the student's 
  1.27  parent or guardian, and local school officials, graduate before 
  1.28  the completion of the school year.  General education revenue 
  1.29  attributable to the student must be paid as though the student 
  1.30  was in attendance for the entire year. 
  1.31     Subd. 2.  [COMPLETION OF GRADE 8 AND 9 STANDARDS OR 
  1.32  COURSES.] A student in grade 8 who has completed both the 
  2.1   required middle grade and grade 9 standards or courses may, with 
  2.2   the approval of the student and the student's parent or 
  2.3   guardian, submit an application to enroll in tenth grade to 
  2.4   local school officials.  Upon approval of local school 
  2.5   officials, the student may enroll in tenth grade and is 
  2.6   permitted to graduate early if the student has completed all the 
  2.7   required courses or standards for graduation in less than four 
  2.8   years.  In the fourth year, if the student submitting an 
  2.9   application under this subdivision has graduated in three years, 
  2.10  general education revenue attributable to the student must be 
  2.11  paid to the district as though the student were enrolled in 
  2.12  grade 12 for the entire school year.  
  2.13     Sec. 2.  Minnesota Statutes 2002, section 120B.12, 
  2.14  subdivision 1, is amended to read: 
  2.15     Subdivision 1.  [LITERACY GOAL.] The legislature seeks to 
  2.16  have Minnesota's children able to read no later than the end of 
  2.17  second third grade and to have all pupils of limited English 
  2.18  proficiency who are enrolling in a school district in the United 
  2.19  States for the first time read English within three years. 
  2.20     Sec. 3.  Minnesota Statutes 2002, section 120B.12, 
  2.21  subdivision 2, is amended to read: 
  2.22     Subd. 2.  [IDENTIFICATION.] For the 2002-2003 school year 
  2.23  and later, each school district shall identify before the end of 
  2.24  first grade students who are at risk of not learning to read 
  2.25  before the end of second third grade.  The district must use a 
  2.26  locally adopted assessment method. 
  2.27     Sec. 4.  Minnesota Statutes 2002, section 120B.12, 
  2.28  subdivision 3, is amended to read: 
  2.29     Subd. 3.  [INTERVENTION.] For each student identified under 
  2.30  subdivision 2, the district shall provide a reading intervention 
  2.31  method or program to assist the student in reaching the goal of 
  2.32  learning to read no later than the end of second third grade.  
  2.33  For each pupil of limited English proficiency who is enrolling 
  2.34  in a school district in the United States for the first time, 
  2.35  the district shall provide a reading intervention method or 
  2.36  program to assist the pupil in learning to read English within 
  3.1   three years.  District intervention methods shall encourage 
  3.2   parental involvement and, where possible, collaboration with 
  3.3   appropriate school and community programs.  Intervention methods 
  3.4   may include, but are not limited to, requiring attendance in 
  3.5   summer school and intensified reading instruction that may 
  3.6   require that the student be removed from the regular classroom 
  3.7   for part of the school day.  The district may also provide a 
  3.8   full-day, everyday kindergarten program using district 
  3.9   compensatory revenue under section 126C.15, subdivision 1. 
  3.10     Sec. 5.  [120B.15] [ACCESS TO ABOVE GRADE-LEVEL COURSES.] 
  3.11     Subdivision 1.  [EIGHTH GRADE STUDENTS.] A student in grade 
  3.12  8 may, with the approval of the student, the student's parent or 
  3.13  guardian, and local school officials, enroll in a course taught 
  3.14  to students in any of grades 10 through 12.  Local school 
  3.15  officials must determine if the eighth grade student has the 
  3.16  academic skills necessary to succeed in the course taught to 
  3.17  grades 10 through 12 students. 
  3.18     Subd. 2.  [SIXTH GRADE STUDENTS.] A student in grade 6 may, 
  3.19  with the approval of the student, the student's parent or 
  3.20  guardian, and local school officials, enroll in a course taught 
  3.21  to students in any of grades 7 through 9.  Local school 
  3.22  officials must determine if the sixth grade student has the 
  3.23  academic skills necessary to succeed in the course taught to 
  3.24  grades 7 through 9 students. 
  3.25     Subd. 3.  [ACCESS TO COURSES.] If a course is approved 
  3.26  under this section, local school officials must provide a 
  3.27  student with access to the course but shall not be required to 
  3.28  provide additional transportation services. 
  3.29     Sec. 6.  Minnesota Statutes 2002, section 122A.60, 
  3.30  subdivision 1, is amended to read: 
  3.31     Subdivision 1.  [STAFF DEVELOPMENT COMMITTEE.] A school 
  3.32  board must use the revenue authorized in section 122A.61 for 
  3.33  in-service education for programs under section 120B.22, 
  3.34  subdivision 2, or for staff development plans under this 
  3.35  section.  The board must establish an advisory staff development 
  3.36  committee to develop the plan, assist site professional 
  4.1   development teams in developing a site plan consistent with the 
  4.2   goals of the plan, and evaluate staff development efforts at the 
  4.3   site level, and evaluate whether staff development revenue is 
  4.4   being used to deliver specific teaching skills or knowledge that 
  4.5   result in student learning outcomes and are delivered by 
  4.6   qualified or certified instructors with proven teaching skills 
  4.7   or knowledge.  A majority of the advisory committee and the site 
  4.8   professional development team must be teachers representing 
  4.9   various grade levels, subject areas, and special education.  The 
  4.10  advisory committee must also include nonteaching staff, parents, 
  4.11  and administrators.  Districts must report staff development 
  4.12  results and expenditures to the commissioner in the form and 
  4.13  manner determined by the commissioner.  The expenditure report 
  4.14  must include expenditures by the board for district level 
  4.15  activities and expenditures made by the staff.  The report must 
  4.16  provide a breakdown of expenditures for (1) curriculum 
  4.17  development and programs, (2) in-service education, workshops, 
  4.18  and conferences, and (3) the cost of teachers or substitute 
  4.19  teachers for staff development purposes.  Within each of these 
  4.20  categories, the report must also indicate whether the 
  4.21  expenditures were incurred at the district level or the school 
  4.22  site level, and whether the school site expenditures were made 
  4.23  possible by the grants to school sites that demonstrate 
  4.24  exemplary use of allocated staff development revenue.  These 
  4.25  expenditures are to be reported using the UFARS system.  The 
  4.26  commissioner shall report the staff development expenditure data 
  4.27  to the education committees of the legislature by February 15 
  4.28  each year.  
  4.29     Sec. 7.  Minnesota Statutes 2002, section 122A.60, 
  4.30  subdivision 3, is amended to read: 
  4.31     Subd. 3.  [STAFF DEVELOPMENT OUTCOMES.] The advisory staff 
  4.32  development committee must adopt a staff development plan for 
  4.33  improving student achievement.  The plan must be consistent with 
  4.34  education outcomes that the school board determines.  The plan 
  4.35  must include ongoing staff development activities that 
  4.36  contribute toward continuous improvement in achievement of the 
  5.1   following goals: 
  5.2      (1) improve student achievement of state and local 
  5.3   education standards in all areas of the curriculum by using best 
  5.4   practices methods; 
  5.5      (2) effectively meet the needs of a diverse student 
  5.6   population, including at-risk children, children with 
  5.7   disabilities, and gifted children, within the regular classroom 
  5.8   and other settings; 
  5.9      (3) provide an inclusive curriculum for a racially, 
  5.10  ethnically, and culturally diverse student population that is 
  5.11  consistent with the state education diversity rule and the 
  5.12  district's education diversity plan; 
  5.13     (4) improve staff collaboration and develop mentoring and 
  5.14  peer coaching programs for teachers new to the school or 
  5.15  district; 
  5.16     (5) effectively teach and model violence prevention policy 
  5.17  and curriculum that address early intervention alternatives, 
  5.18  issues of harassment, and teach nonviolent alternatives for 
  5.19  conflict resolution; and 
  5.20     (6) provide teachers and other members of site-based 
  5.21  management teams with appropriate management and financial 
  5.22  management skills; and 
  5.23     (7) ensuring that all staff development expenditures are 
  5.24  being used to deliver specific teaching skills or knowledge that 
  5.25  result in student learning outcomes and that training programs 
  5.26  are delivered by qualified or certified instructors with proven 
  5.27  teaching skills or knowledge. 
  5.28     Sec. 8.  Minnesota Statutes 2002, section 122A.61, 
  5.29  subdivision 1, is amended to read: 
  5.30     Subdivision 1.  [STAFF DEVELOPMENT REVENUE.] A district is 
  5.31  required to reserve an amount equal to at least two percent of 
  5.32  the basic revenue under section 126C.10, subdivision 2, for 
  5.33  in-service education for programs under section 120B.22, 
  5.34  subdivision 2, for staff development plans, including plans for 
  5.35  challenging instructional activities and experiences under 
  5.36  section 122A.60, and for curriculum development and programs, 
  6.1   other in-service education, teachers' workshops, teacher 
  6.2   conferences, the cost of substitute teachers staff development 
  6.3   purposes, preservice and in-service education for special 
  6.4   education professionals and paraprofessionals, and other related 
  6.5   costs for staff development efforts.  A district may annually 
  6.6   waive the requirement to reserve their basic revenue under this 
  6.7   section if a majority vote of the licensed teachers in the 
  6.8   district and a majority vote of the school board agree to a 
  6.9   resolution to waive the requirement.  A district in statutory 
  6.10  operating debt is exempt from reserving basic revenue according 
  6.11  to this section.  Districts may expend an additional amount of 
  6.12  unreserved revenue for staff development based on their needs.  
  6.13  With the exception of amounts reserved for staff development 
  6.14  from revenues allocated directly to school sites, the board must 
  6.15  initially allocate 50 percent of the reserved revenue to each 
  6.16  school site in the district on a per teacher basis, which must 
  6.17  be retained by the school site until used.  The board may retain 
  6.18  25 percent to be used for district wide staff development 
  6.19  efforts.  The remaining 25 percent of the revenue must be used 
  6.20  to make grants to school sites for best practices methods.  A 
  6.21  grant may be used for any purpose authorized under section 
  6.22  120B.22, subdivision 2, 122A.60, or for the costs of curriculum 
  6.23  development and programs, other in-service education, teachers' 
  6.24  workshops, teacher conferences, substitute teachers for staff 
  6.25  development purposes, and other staff development efforts, and 
  6.26  determined by the site professional development team.  The site 
  6.27  professional development team must demonstrate to the school 
  6.28  board the extent to which staff at the site have met the 
  6.29  outcomes of the program, including demonstrating that staff 
  6.30  development expenditures are being used to deliver specific 
  6.31  teaching skills or knowledge that result in student learning 
  6.32  outcomes and that training programs are delivered by qualified 
  6.33  or certified instructors with proven teaching skills or 
  6.34  knowledge.  The board may withhold a portion of initial 
  6.35  allocation of revenue if the staff development outcomes are not 
  6.36  being met. 
  7.1      Sec. 9.  Minnesota Statutes 2002, section 126C.12, is 
  7.2   amended by adding a subdivision to read: 
  7.3      Subd. 4a.  [ALTERNATIVE STAFFING RATIOS.] Notwithstanding 
  7.4   subdivision 4, a district may implement an alternative class 
  7.5   size ratio by using smaller class sizes or other small group 
  7.6   learning activities in the core subjects of reading and math to 
  7.7   ensure that all students in kindergarten through grade 3 are at 
  7.8   their developmental grade level. 
  7.9      Sec. 10.  Minnesota Statutes 2002, section 126C.15, 
  7.10  subdivision 1, is amended to read: 
  7.11     Subdivision 1.  [USE OF THE REVENUE.] (a) The basic skills 
  7.12  revenue under section 126C.10, subdivision 4, and the portion of 
  7.13  the transition revenue adjustment under section 126C.10, 
  7.14  subdivision 20, attributable to the compensatory transition 
  7.15  allowance under section 126C.10, subdivision 19, paragraph (b), 
  7.16  must be reserved and used to meet the educational needs of 
  7.17  pupils who enroll under-prepared to learn and whose progress 
  7.18  toward meeting state or local content or performance standards 
  7.19  is below the level that is appropriate for learners of their 
  7.20  age.  Any of the following may be provided to meet these 
  7.21  learners' needs: ensure that all students are able to read no 
  7.22  later than the end of third grade.  Districts shall identify 
  7.23  students who are at risk of not learning to read by the end of 
  7.24  third grade and pupils of limited English proficiency who are 
  7.25  enrolling in a school district in the United States for the 
  7.26  first time, and shall provide intervention methods under section 
  7.27  120B.12, including full-day, everyday kindergarten, to assist 
  7.28  the student in learning to read. 
  7.29     (b) School sites may use the remaining compensatory revenue 
  7.30  to remove barriers to learning, including health needs, and to 
  7.31  meet the educational needs of pupils whose progress toward 
  7.32  meeting state or local content or performance standards is below 
  7.33  the level that is appropriate for learners of their age.  School 
  7.34  sites shall identify programs and services to meet these 
  7.35  learners' needs, including, but not limited to: 
  7.36     (1) direct instructional services under the assurance of 
  8.1   mastery program according to section 124D.66; 
  8.2      (2) remedial instruction in reading, language arts, 
  8.3   mathematics, other content areas, or study skills to improve the 
  8.4   achievement level of these learners; 
  8.5      (3) additional teachers and teacher aides to provide more 
  8.6   individualized instruction to these learners through individual 
  8.7   tutoring, lower instructor-to-learner ratios, or team teaching; 
  8.8      (4) a longer school day or week during the regular school 
  8.9   year or through a summer program that may be offered directly by 
  8.10  the site or under a performance-based contract with a 
  8.11  community-based organization; 
  8.12     (5) comprehensive and ongoing staff development consistent 
  8.13  with district and site plans according to section 122A.60, for 
  8.14  teachers, teacher aides, principals, and other personnel to 
  8.15  improve their ability to identify the needs of these learners 
  8.16  and provide appropriate remediation, intervention, 
  8.17  accommodations, or modifications; 
  8.18     (6) instructional materials and technology appropriate for 
  8.19  meeting the individual needs of these learners; 
  8.20     (7) programs to reduce truancy, encourage completion of 
  8.21  high school, enhance self-concept, provide health services, 
  8.22  provide nutrition services, provide a safe and secure learning 
  8.23  environment, provide coordination for pupils receiving services 
  8.24  from other governmental agencies, provide psychological services 
  8.25  to determine the level of social, emotional, cognitive, and 
  8.26  intellectual development, and provide counseling services, 
  8.27  guidance services, and social work services; 
  8.28     (8) (3) bilingual programs, bicultural programs, and 
  8.29  programs for learners of limited English proficiency; 
  8.30     (9) all day kindergarten; 
  8.31     (10) (4) extended school day and extended school year 
  8.32  programs; and 
  8.33     (11) (5) substantial parent involvement in developing and 
  8.34  implementing remedial education or intervention plans for a 
  8.35  learner, including learning contracts between the school, the 
  8.36  learner, and the parent that establish achievement goals and 
  9.1   responsibilities of the learner and the learner's parent or 
  9.2   guardian. 
  9.3      Sec. 11.  Minnesota Statutes 2002, section 126C.15, 
  9.4   subdivision 2, is amended to read: 
  9.5      Subd. 2.  [BUILDING ALLOCATION.] (a) A district must 
  9.6   allocate its compensatory revenue to each school building in the 
  9.7   district where the children who have generated the revenue are 
  9.8   served as follows: 
  9.9      (1) a district must allocate compensatory revenue to each 
  9.10  school building in the district where students in grades 9 
  9.11  through 12 who have generated the revenue are served; and 
  9.12     (2) a district must allocate compensatory revenue generated 
  9.13  by students in kindergarten through grade 8 for reading 
  9.14  intervention methods, including full-day, everyday kindergarten 
  9.15  programs, under subdivision 1.  A district must allocate 
  9.16  remaining compensatory revenue to each school building in the 
  9.17  district where the students who have generated the revenue are 
  9.18  served. 
  9.19     (b) Notwithstanding paragraph (a), a district may also 
  9.20  allocate up to five percent of the amount of compensatory 
  9.21  revenue that the district received during the previous fiscal 
  9.22  year to school sites according to a plan adopted by the school 
  9.23  board. 
  9.24     (c) For the purposes of this section and section 126C.05, 
  9.25  subdivision 3, "building" means education site as defined in 
  9.26  section 123B.04, subdivision 1. 
  9.27     (d) If the pupil is served at a site other than one owned 
  9.28  and operated by the district, the revenue shall be paid to the 
  9.29  district and used for services for pupils who generate the 
  9.30  revenue.