1.1 	A bill for an act
1.2 	relating to education; providing for prekindergarten through grade 12 education, 
1.3 	including general education, education excellence, special programs, libraries, 
1.4 	state agencies, and self-sufficiency and lifelong learning;amending Minnesota 
1.5 	Statutes 2008, sections 13.32, by adding a subdivision; 120A.22, subdivisions 5, 
1.6 	6; 120A.24, subdivision 1; 120B.02; 120B.021, subdivisions 1, 1a; 120B.023, 
1.7 	subdivision 2; 120B.024; 120B.30; 121A.035, subdivision 2; 121A.037; 
1.8 	122A.07, subdivisions 2, 3; 122A.09, subdivision 4; 122A.14, by adding 
1.9 	subdivisions; 122A.18, by adding a subdivision; 122A.75, subdivision 1; 
1.10 	123B.02, subdivision 21; 123B.14, subdivision 7; 123B.51, by adding a 
1.11 	subdivision; 123B.77, subdivision 3; 123B.81, subdivisions 3, 4, 5; 123B.83, 
1.12 	subdivision 3; 124D.09, subdivision 5; 124D.095, subdivisions 4, 7, 10; 
1.13 	124D.10, subdivisions 2a, 4, 4a, 6, 6a, 7, 8, 9, 20, 23, 23a; 124D.19, subdivision 
1.14 	14; 124D.522; 124D.60, subdivision 1; 125A.14; 125A.15; 125A.51; 125A.744, 
1.15 	subdivision 3; 126C.40, subdivision 6; 134.31, subdivision 4a, by adding a 
1.16 	subdivision; 260C.007, subdivision 19; 299F.30, subdivision 1; proposing coding 
1.17 	for new law in Minnesota Statutes, chapters 1; 121A; 124D; 127A; repealing 
1.18 	Minnesota Statutes 2008, sections 120A.22, subdivision 8; 121A.67; 125A.16; 
1.19 	125A.19; 125A.20; 125A.57; Laws 2008, chapter 263, article 3, section 16.
1.20 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.21 	ARTICLE 1
1.22 	GENERAL EDUCATION

1.23 	Section 1. Minnesota Statutes 2008, section 123B.02, subdivision 21, is amended to 
1.24 	read:
1.25 		Subd. 21.Wind energy conversion system. The board, or more than one board 
1.26 	acting jointly under the authority granted by section 471.59, may construct, acquire, own 
1.27 	in whole or in part, operate, and sell and retain and spend the payment received from 
1.28 	selling energy from a wind energy conversion system, as defined in section 216C.06, 
1.29 	subdivision 19. The board's share of the installed capacity of the wind energy conversion 
1.30 	systems authorized by this subdivision must not exceed 3.3 megawatts of nameplate 
2.1 	capacity. A board owning, operating, or selling energy from a wind energy conversion 
2.2 	system must integrate information about wind energy conversion systems in its educational 
2.3 	programming.  The board, or more than one board acting jointly under the authority 
2.4 	granted by section 471.59, may be a limited partner in a partnership, a member of a limited 
2.5 	liability company, or a shareholder in a corporation, established for the sole purpose of 
2.6 	constructing, acquiring, owning in whole or in part, financing, or operating a wind energy 
2.7 	conversion system for the benefit of the district or districts in accordance with this section.

2.8 	EFFECTIVE DATE. This section is effective the day following final enactment. 

2.9 	Sec. 2. Minnesota Statutes 2008, section 123B.14, subdivision 7, is amended to read:
2.10 		Subd. 7.Clerk records. The clerk shall keep a record of all meetings of the 
2.11 	district and the board in books provided by the district for that purpose. The clerk shall, 
2.12 	within three days after an election, notify all persons elected of their election. By August
2.13 	September 15 of each year the clerk shall file with the board a report of the revenues, 
2.14 	expenditures and balances in each fund for the preceding fiscal year. The report together 
2.15 	with vouchers and supporting documents shall subsequently be examined by a public 
2.16 	accountant or the state auditor, either of whom shall be paid by the district, as provided 
2.17 	in section 123B.77, subdivision 3. The board shall by resolution approve the report or 
2.18 	require a further or amended report. By AugustSeptember 15 of each year, the clerk shall 
2.19 	make and transmit to the commissioner certified reports, showing:  
2.20 	(1) The condition and value of school property;
2.21 	(2) The revenues and expenditures in detail, and such other financial information 
2.22 	required by law, rule, or as may be called for by the commissioner;
2.23 	(3)(2)The length of school term and the enrollment and attendance by grades; and
2.24 	(4)(3) Such other items of information as may be called for by the commissioner.
2.25 	The clerk shall enter in the clerk's record book copies of all reports and of the 
2.26 	teachers' term reports, as they appear in the registers, and of the proceedings of any 
2.27 	meeting as furnished by the clerk pro tem, and keep an itemized account of all the 
2.28 	expenses of the district. The clerk shall furnish to the auditor of the proper county, by 
2.29 	October 10September 30 of each year, an attested copy of the clerk's record, showing the 
2.30 	amount of moneyproposed property taxes voted by the district or the board for school 
2.31 	purposes; draw and sign all orders upon the treasurer for the payment of money for bills 
2.32 	allowed by the board for salaries of officers and for teachers' wages and all claims, to be 
2.33 	countersigned by the chair. Such orders must state the consideration, payee, and the 
2.34 	fund and the clerk shall take a receipt therefor. Teachers' wages shall have preference in 
2.35 	the order in which they become due, and no money applicable for teachers' wages shall 
3.1 	be used for any other purpose, nor shall teachers' wages be paid from any fund except 
3.2 	that raised or apportioned for that purpose.

3.3 	Sec. 3. Minnesota Statutes 2008, section 123B.77, subdivision 3, is amended to read:
3.4 		Subd. 3.Statement for comparison and correction. (a) By November 30 of the 
3.5 	calendar year of the submission of the unaudited financial data, the district must provide to 
3.6 	the commissioner audited financial data for the preceding fiscal year. The audit must be 
3.7 	conducted in compliance with generally accepted governmental auditing standards, the 
3.8 	federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office 
3.9 	of the State Auditor. An audited financial statement prepared in a form which will allow 
3.10 	comparison with and correction of material differences in the unaudited financial data 
3.11 	shall be submitted to the commissioner and the state auditor by December 31. The audited 
3.12 	financial statement must also provide a statement of assurance pertaining to uniform 
3.13 	financial accounting and reporting standards compliance and a copy of the management 
3.14 	letter submitted to the district by the school district's auditor.
3.15 	(b) By JanuaryFebruary 15 of the calendar year following the submission of the 
3.16 	unaudited financial data, the commissioner shall convert the audited financial data 
3.17 	required by this subdivision into the consolidated financial statement format required 
3.18 	under subdivision 1a and publish the information on the department's Web site.

3.19 	Sec. 4. Minnesota Statutes 2008, section 123B.81, subdivision 3, is amended to read:
3.20 		Subd. 3.Debt verification. The commissioner shall establish a uniform auditing or 
3.21 	other verification procedure for districts to determine whether a statutory operating debt 
3.22 	exists in any Minnesota school district as of June 30, 1977. This procedure must identify 
3.23 	all interfund transfers made during fiscal year 1977 from a fund included in computing 
3.24 	statutory operating debt to a fund not included in computing statutory operating debt. 
3.25 	The standards for this uniform auditing or verification procedure must be promulgated 
3.26 	by the state board pursuant to chapter 14. If a district applies to the commissioner for 
3.27 	a statutory operating debt verification or if the unaudited financial statement for the 
3.28 	school year ending June 30, 1977 reveals that a statutory operating debt might exist, the 
3.29 	commissioner shall require a verification of the amount of the statutory operating debt 
3.30 	which actually does exist.

3.31 	Sec. 5. Minnesota Statutes 2008, section 123B.81, subdivision 4, is amended to read:
3.32 		Subd. 4.Debt elimination. If an audit or other verification procedure conducted 
3.33 	pursuant to subdivision 3 determines that a statutory operating debt exists, a district 
4.1 	must follow the procedures set forth in this section 123B.83 to eliminate this statutory 
4.2 	operating debt. 

4.3 	Sec. 6. Minnesota Statutes 2008, section 123B.81, subdivision 5, is amended to read:
4.4 		Subd. 5.Certification of debt. The commissioner shall certify the amount of 
4.5 	statutory operating debt for each district. Prior to June 30, 1979, the commissioner may, 
4.6 	on the basis of corrected figures, adjust the total amount of statutory operating debt 
4.7 	certified for any district.

4.8 	Sec. 7. Minnesota Statutes 2008, section 123B.83, subdivision 3, is amended to read:
4.9 		Subd. 3.Failure to limit expenditures. If a district does not limit its expenditures in 
4.10 	accordance with this section, the commissioner may so notify the appropriate committees 
4.11 	of the legislature by no later than January 1February 15 of the year following the end 
4.12 	of that fiscal year.

4.13 	ARTICLE 2
4.14 	EDUCATION EXCELLENCE

4.15 	Section 1. [1.1499] STATE SPORT.
4.16 	Ice hockey is adopted as the official sport of the state of Minnesota.

4.17 	Sec. 2. Minnesota Statutes 2008, section 13.32, is amended by adding a subdivision to 
4.18 	read:
4.19 		Subd. 8a.Access to student records; school conferences. (a) A parent or guardian 
4.20 	of a student may designate an individual, defined under paragraph (c), to participate in a 
4.21 	school conference involving the child of the parent or guardian. The parent or guardian 
4.22 	must provide the school with prior written consent allowing the significant individual to 
4.23 	participate in the conference and to receive any data on the child of the consenting parent 
4.24 	or guardian that is necessary and relevant to the conference discussions. The consenting 
4.25 	parent or guardian may withdraw consent, in writing, at any time.
4.26 	(b) A school may accept the following form, or another consent to release student 
4.27 	data form, as sufficient to meet the requirements of this subdivision:
4.28 	"CONSENT TO PARTICIPATE IN CONFERENCES AND 
4.29 	RECEIVE STUDENT DATA
4.30 	I, ........................................... (Name of parent or guardian), as parent or guardian of 
4.31 	........................................... (Name of child), consent to allow ........................................... 
4.32 	(Name of an individual) to participate in school conferences and receive student data 
5.1 	relating to the above-named child, consistent with Minnesota Statutes, section 13.32, 
5.2 	subdivision 8a. I understand that I may withdraw my consent, upon written request, at 
5.3 	any time.

5.4	(Signature of parent or guardian)
		
5.5	(Date)"
		
5.6 	(c) For purposes of this section, "an individual" means one additional adult 
5.7 	designated by a child's parent or guardian to attend school-related activities and 
5.8 	conferences.

5.9 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
5.10 	later.

5.11 	Sec. 3. Minnesota Statutes 2008, section 120A.22, subdivision 5, is amended to read:
5.12 		Subd. 5.Ages and terms. (a) For the 2009-2010 and 2010-2011 school years, every 
5.13 	child between age seven and 16 years of age must receive instruction. For the 2011-2012 
5.14 	and later school years, every child between age seven or enrollment in first grade and 18 
5.15 	years of age must receive instruction unless the child has completed the requirements for 
5.16 	graduation. Every child under the age of seven who is enrolled in a half-day kindergarten, 
5.17 	or a full-day kindergarten program on alternate days, or other kindergarten programs shall 
5.18 	receive instruction. Except as provided in subdivision 6, a parent may withdraw a child 
5.19 	under the age of seven from enrollment at any time.
5.20 	(b) A school district by annual board action may require children subject to this 
5.21 	subdivision to receive instruction in summer school. A district that acts to require children 
5.22 	to receive instruction in summer school shall establish at the time of its action the criteria 
5.23 	for determining which children must receive instruction.

5.24 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
5.25 	later.

5.26 	Sec. 4. Minnesota Statutes 2008, section 120A.22, subdivision 6, is amended to read:
5.27 		Subd. 6.Children under seven. (a) Once a pupil under the age of seven is enrolled 
5.28 	in kindergartenfirst grade or a higher grade in a public school, the pupil is subject to the 
5.29 	compulsory attendance provisions of this chapter and section 120A.34, unless the board of 
5.30 	the district in which the pupil is enrolled has a policy that exempts children under seven 
5.31 	from this subdivision or paragraph (b) applies. 
5.32 	(b) In a district in which children under seven are subject to compulsory attendance 
5.33 	under this subdivision, paragraphs (c) to (e) apply.
6.1 	(c) A parent or guardian may withdraw the pupil from enrollment in the school for 
6.2 	good cause by notifying the district. Good cause includes, but is not limited to, enrollment 
6.3 	of the pupil in another school, as defined in subdivision 4, or the immaturity of the child.
6.4 	(d) When the pupil enrolls, the enrolling official must provide the parent or guardian 
6.5 	who enrolls the pupil with a written explanation of the provisions of this subdivision.
6.6 	(e) A pupil under the age of seven who is withdrawn from enrollment in the public 
6.7 	school under paragraph (c) is no longer subject to the compulsory attendance provisions 
6.8 	of this chapter.
6.9 	(f) (b) This subdivision does not apply to:
6.10 	(1) a kindergartner under age seven whose parent withdraws the child after notifying 
6.11 	the district; and
6.12 	(2) a child under age seven enrolled in first grade whose parent withdraws the child 
6.13 	after notifying the district and enrolls the child in another school under subdivision 4.
6.14 	(c) In a district that had adopted a policy to exempt children under seven from this 
6.15 	subdivision, the district's chief attendance officer must keep the truancy enforcement 
6.16 	authorities supplied with a copy of the board's current policy certified by the clerk of 
6.17 	the board.

6.18 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
6.19 	later.

6.20 	Sec. 5. Minnesota Statutes 2008, section 120A.24, subdivision 1, is amended to read:
6.21 		Subdivision 1.Reports to superintendent. The person in charge of providing 
6.22 	instruction to a child between the ages of seven and 16 must submit the following 
6.23 	information to the superintendent of the district in which the child resides:
6.24 	(1) by October 1 of each school year, the name, birth date, and address of each 
6.25 	child receiving instruction;
6.26 	(2) the name of each instructor and evidence of compliance with one of the 
6.27 	requirements specified in section 120A.22, subdivision 10;  
6.28 	(3) an annual instructional calendar; and
6.29 	(4) for each child instructed by a parent who meets only the requirement of section 
6.30 	120A.22, subdivision 10, clause (6), a quarterly report card on the achievement of the 
6.31 	child in each subject area required in section 120A.22, subdivision 9.  

7.1 	Sec. 6. Minnesota Statutes 2008, section 120B.02, is amended to read:
7.2 	120B.02 EDUCATIONAL EXPECTATIONS FOR MINNESOTA'S 
7.3 	STUDENTS.
7.4 	(a) The legislature is committed to establishing rigorous academic standards for 
7.5 	Minnesota's public school students. To that end, the commissioner shall adopt in rule 
7.6 	statewide academic standards. The commissioner shall not prescribe in rule or otherwise 
7.7 	the delivery system, classroom assessments, or form of instruction that school sites must 
7.8 	use. For purposes of this chapter, a school site is a separate facility, or a separate program 
7.9 	within a facility that a local school board recognizes as a school site for funding purposes.
7.10 	(b) All commissioner actions regarding the rule must be premised on the following:
7.11 	(1) the rule is intended to raise academic expectations for students, teachers, and 
7.12 	schools;
7.13 	(2) any state action regarding the rule must evidence consideration of school district 
7.14 	autonomy; and
7.15 	(3) the Department of Education, with the assistance of school districts, must make 
7.16 	available information about all state initiatives related to the rule to students and parents, 
7.17 	teachers, and the general public in a timely format that is appropriate, comprehensive, and 
7.18 	readily understandable.
7.19 	(c) When fully implemented, the requirements for high school graduation in 
7.20 	Minnesota must require students to satisfactorily complete, as determined by the school 
7.21 	district, the course credit requirements under section 120B.024 and: successfully pass 
7.22 	graduation examinations as required under section 120B.30.
7.23 	(1) for students enrolled in grade 8 before the 2005-2006 school year, to pass the 
7.24 	basic skills test requirements; and
7.25 	(2) for students enrolled in grade 8 in the 2005-2006 school year and later, to pass 
7.26 	the Minnesota Comprehensive Assessments Second Edition (MCA-IIs).
7.27 	(d) The commissioner shall periodically review and report on the state's assessment 
7.28 	process.
7.29 	(e) School districts are not required to adopt specific provisions of the federal 
7.30 	School-to-Work programs.

7.31 	Sec. 7. Minnesota Statutes 2008, section 120B.021, subdivision 1, is amended to read:
7.32 		Subdivision 1.Required academic standards.  (a) The following subject areas 
7.33 	are required for statewide accountability:
7.34 	(1) language arts;
7.35 	(2) mathematics;
8.1 	(3) science;
8.2 	(4) social studies, including history, geography, economics, and government and 
8.3 	citizenship;
8.4 	(5) physical education;
8.5 	(6) health and physical education, for which locally developed academic standards 
8.6 	apply; and
8.7 	(6)(7) the arts, for which statewide or locally developed academic standards apply, 
8.8 	as determined by the school district. Public elementary and middle schools must offer at 
8.9 	least three and require at least two of the following four arts areas: dance; music; theater; 
8.10 	and visual arts. Public high schools must offer at least three and require at least one of the 
8.11 	following five arts areas: media arts; dance; music; theater; and visual arts.
8.12 	(b) To satisfy this subdivision and the one-half credit physical education requirement 
8.13 	under section 120B.024, paragraph (a), clause (6), the state physical education standard 
8.14 	under paragraph (a) of this subdivision selected by a school district must be consistent 
8.15 	with either the six physical education standards developed by the department's quality 
8.16 	teaching network or the six National Physical Education Standards developed by the 
8.17 	National Association for Sport and Physical Education. To satisfy federal reporting 
8.18 	requirements for continued funding under Title VII of the Physical Education for Progress 
8.19 	Act, a school district must notify the department, if applicable, of its intent to comply with 
8.20 	this subdivision. School districts and charter schools also must use either the department's 
8.21 	physical education standards or the national physical education standards under this 
8.22 	paragraph to comply with paragraph (a), clause (5), in providing physical education 
8.23 	instruction and programs to students in kindergarten through grade 8.
8.24 	(c) The commissioner must submit proposed standards in science and social studies 
8.25 	to the legislature by February 1, 2004.
8.26 	(d) For purposes of applicable federal law, the academic standards for language arts, 
8.27 	mathematics, and science apply to all public school students, except the very few students 
8.28 	with extreme cognitive or physical impairments for whom an individualized education 
8.29 	plan team has determined that the required academic standards are inappropriate. An 
8.30 	individualized education plan team that makes this determination must establish alternative 
8.31 	standards with appropriate alternate achievement standards based on these academic 
8.32 	standards for students with individualized education plans as described under federal law.
8.33 	(e) A school district, no later than the 2007-2008 school year, must adopt graduation 
8.34 	requirements that meet or exceed state graduation requirements established in law or 
8.35 	rule. A school district that incorporates these state graduation requirements before the 
8.36 	2007-2008 school year must provide students who enter the 9th grade in or before 
9.1 	the 2003-2004 school year the opportunity to earn a diploma based on existing locally 
9.2 	established graduation requirements in effect when the students entered the 9th grade. 
9.3 	District efforts to develop, implement, or improve instruction or curriculum as a result 
9.4 	of the provisions of this section must be consistent with sections 120B.10, 120B.11, 
9.5 	and 120B.20. 
9.6 	(f) The commissioner must include the contributions of Minnesota American Indian 
9.7 	tribes and communities as they relate to the academic standards during the review and 
9.8 	revision of the required academic standards.

9.9 	EFFECTIVE DATE. This section is effective the day following final enactment 
9.10 	except that paragraph (a), clause (5), applies to students entering the ninth grade in the 
9.11 	2009-2010 school year and later.

9.12 	Sec. 8. Minnesota Statutes 2008, section 120B.021, subdivision 1a, is amended to read:
9.13 		Subd. 1a.Rigorous course of study; waiver. (a) Upon receiving a student's 
9.14 	application signed by the student's parent or guardian, a school district, area learning 
9.15 	center, or charter school must declare that a student meets or exceeds a specific academic 
9.16 	standard required for graduation under this section if the local school board, the school 
9.17 	board of the school district in which the area learning center is located, or the charter 
9.18 	school board of directors determines that the student:
9.19 	(1) is participating in a course of study, including an advanced placement or 
9.20 	international baccalaureate course or program; a learning opportunity outside the 
9.21 	curriculum of the district, area learning center, or charter school; or an approved 
9.22 	preparatory program for employment or postsecondary education that is equally or more 
9.23 	rigorous than the corresponding state or local academic standard required by the district, 
9.24 	area learning center, or charter school;
9.25 	(2) would be precluded from participating in the rigorous course of study, learning 
9.26 	opportunity, or preparatory employment or postsecondary education program if the student 
9.27 	were required to achieve the academic standard to be waived; and
9.28 	(3) satisfactorily completes the requirements for the rigorous course of study, 
9.29 	learning opportunity, or preparatory employment or postsecondary education program.
9.30 	Consistent with the requirements of this section, the local school board, the school board 
9.31 	of the school district in which the area learning center is located, or the charter school 
9.32 	board of directors also may formally determine other circumstances in which to declare 
9.33 	that a student meets or exceeds a specific academic standard that the site requires for 
9.34 	graduation under this section.
10.1 	(b) A student who satisfactorily completes a postsecondary enrollment options 
10.2 	course or program under section 124D.09, or an advanced placement or international 
10.3 	baccalaureate course or program under section 120B.13, is not required to complete other 
10.4 	requirements of the academic standards corresponding to that specific rigorous course 
10.5 	of study.
10.6 	(c) A school board may exempt a student from the physical education graduation 
10.7 	requirement under section 120B.024, if the board declares that the student demonstrated 
10.8 	mastery of the subject matter or participation in another learning opportunity, including 
10.9 	a Minnesota High School League athletic activity, that meets or exceeds the physical 
10.10 	education standards required for graduation. This waiver does not reduce the total credits 
10.11 	required for graduation.

10.12 	Sec. 9. Minnesota Statutes 2008, section 120B.023, subdivision 2, is amended to read:
10.13 		Subd. 2.Revisions and reviews required. (a) The commissioner of education must 
10.14 	revise and appropriately embed technology and information literacy standards consistent 
10.15 	with recommendations from school media specialists into the state's academic standards 
10.16 	and graduation requirements and implement a review cycle for state academic standards 
10.17 	and related benchmarks, consistent with this subdivision. During each review cycle, the 
10.18 	commissioner also must examine the alignment of each required academic standard and 
10.19 	related benchmark with the knowledge and skills students need for college readiness and 
10.20 	advanced work in the particular subject area.
10.21 	(b) The commissioner in the 2006-2007 school year must revise and align the state's 
10.22 	academic standards and high school graduation requirements in mathematics to require 
10.23 	that students satisfactorily complete the revised mathematics standards, beginning in the 
10.24 	2010-2011 school year. Under the revised standards:
10.25 	(1) students must satisfactorily complete an algebra I credit by the end of eighth 
10.26 	grade; and
10.27 	(2) students scheduled to graduate in the 2014-2015 school year or later must 
10.28 	satisfactorily complete an algebra II credit or its equivalent.
10.29 	The commissioner also must ensure that the statewide mathematics assessments 
10.30 	administered to students in grades 3 through 8 and 11 beginning in the 2010-2011 school 
10.31 	year are aligned with the state academic standards in mathematics. The commissioner 
10.32 	must ensure that the statewide 11th grade mathematics testassessment administered to 
10.33 	students under clause (2) in grade 11 beginning in the 2013-2014 school year must 
10.34 	include is aligned with state academic standards in mathematics, including algebra II test 
10.35 	items that are aligned with corresponding state academic standards in mathematics. The 
11.1 	commissioner must implement a review of the academic standards and related benchmarks 
11.2 	in mathematics beginning in the 2015-2016 school year.
11.3 	(c) The commissioner in the 2007-2008 school year must revise and align the state's 
11.4 	academic standards and high school graduation requirements in the arts to require that 
11.5 	students satisfactorily complete the revised arts standards beginning in the 2010-2011 
11.6 	school year. The commissioner must implement a review of the academic standards and 
11.7 	related benchmarks in arts beginning in the 2016-2017 school year.
11.8 	(d) The commissioner in the 2008-2009 school year must revise and align the 
11.9 	state's academic standards and high school graduation requirements in science to require 
11.10 	that students satisfactorily complete the revised science standards, beginning in the 
11.11 	2011-2012 school year. The commissioner also must ensure that the statewide science 
11.12 	assessments administered to students under section 120B.30, subdivision 1a, beginning 
11.13 	in the 2011-2012 school year, are aligned with the state academic standards in science. 
11.14 	Under the revised standards, students scheduled to graduate in the 2014-2015 school year 
11.15 	or later must satisfactorily complete a chemistry or physics credit. The commissioner 
11.16 	must implement a review of the academic standards and related benchmarks in science 
11.17 	beginning in the 2017-2018 school year.
11.18 	(e) The commissioner in the 2009-2010 school year must revise and align the state's 
11.19 	academic standards and high school graduation requirements in language arts to require 
11.20 	that students satisfactorily complete the revised language arts standards beginning in the 
11.21 	2012-2013 school year.  The commissioner also must ensure that the statewide language 
11.22 	arts assessments administered to students in grades 3 through 8 and grade 10 beginning 
11.23 	in the 2012-2013 school year are aligned with the state academic standards in language 
11.24 	arts. The commissioner must implement a review of the academic standards and related 
11.25 	benchmarks in language arts beginning in the 2018-2019 school year.
11.26 	(f) The commissioner in the 2010-2011 school year must revise and align the state's 
11.27 	academic standards and high school graduation requirements in social studies to require 
11.28 	that students satisfactorily complete the revised social studies standards beginning in the 
11.29 	2013-2014 school year. The commissioner must implement a review of the academic 
11.30 	standards and related benchmarks in social studies beginning in the 2019-2020 school year.
11.31 	(g) School districts and charter schools must revise and align local academic 
11.32 	standards and high school graduation requirements in health, physical education, world 
11.33 	languages, and career and technical education to require students to complete the revised 
11.34 	standards beginning in a school year determined by the school district or charter school. 
11.35 	School districts and charter schools must formally establish a periodic review cycle for 
12.1 	the academic standards and related benchmarks in health, physical education, world 
12.2 	languages, and career and technical education.

12.3 	Sec. 10. Minnesota Statutes 2008, section 120B.024, is amended to read:
12.4 	120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.
12.5 	(a) Students beginning 9th grade in the 2004-2005 school year and later must 
12.6 	successfully complete the following high school level course credits for graduation:
12.7 	(1) four credits of language arts;
12.8 	(2) three credits of mathematics, encompassing at least algebra, geometry, statistics, 
12.9 	and probability sufficient to satisfy the academic standard;
12.10 	(3) three credits of science, including at least one credit in biology;
12.11 	(4) three and one-half credits of social studies, encompassing at least United 
12.12 	States history, geography, government and citizenship, world history, and economics or 
12.13 	three credits of social studies encompassing at least United States history, geography, 
12.14 	government and citizenship, and world history, and one-half credit of economics taught in 
12.15 	a school's social studies, agriculture education, or business department;
12.16 	(5) one credit in the arts; and
12.17 	(6) one-half credit of physical education; and
12.18 	(7) a minimum of seven six and one-halfelective course credits.
12.19 	A course credit is equivalent to a student successfully completing an academic 
12.20 	year of study or a student mastering the applicable subject matter, as determined by the 
12.21 	local school district.
12.22 	(b) An agriculture science course may fulfill a science credit requirement in addition 
12.23 	to the specified science credits in biology and chemistry or physics under paragraph (a), 
12.24 	clause (3).
12.25 	(c) A career and technical education course may fulfill a science, mathematics, or 
12.26 	arts credit requirement in addition to the specified science, mathematics, or arts credits 
12.27 	under paragraph (a), clause (2), (3), or (5).

12.28 	EFFECTIVE DATE. This section is effective the day following final enactment 
12.29 	and applies to students entering ninth grade in the 2009-2010 school year and later.

12.30 	Sec. 11. Minnesota Statutes 2008, section 120B.30, is amended to read:
12.31 	120B.30 STATEWIDE TESTING AND REPORTING SYSTEM.
12.32 		Subdivision 1.Statewide testing. (a) The commissioner, with advice from experts 
12.33 	with appropriate technical qualifications and experience and stakeholders, consistent with 
13.1 	subdivision 1a, shall include in the comprehensive assessment system, for each grade 
13.2 	level to be tested, state-constructed tests developed from and aligned with the state's 
13.3 	required academic standards under section 120B.021 and administered annually to all 
13.4 	students in grades 3 through 8 and at the high school level. A state-developed test in a 
13.5 	subject other than writing, developed after the 2002-2003 school year, must include both 
13.6 	machine-scoreable and constructed response questions. The commissioner shall establish 
13.7 	one or more months during which schools shall administer the tests to students each 
13.8 	school year. Schools that the commissioner identifies for stand-alone field testing or other 
13.9 	national sampling must participate as directed. Superintendents or charter school directors 
13.10 	may appeal in writing to the commissioner for an exemption from a field test based on 
13.11 	undue hardship. The commissioner's decision regarding the appeal is final. For students 
13.12 	enrolled in grade 8 before the 2005-2006 school year, only Minnesota basic skills tests in 
13.13 	reading, mathematics, and writing shall fulfill students' basic skills testing requirements for 
13.14 	a passing state notation. The passing scores of basic skills tests in reading and mathematics 
13.15 	are the equivalent of 75 percent correct for students entering grade 9 in 1997 and thereafter, 
13.16 	as based on the first uniform test administration of administered in February 1998.
13.17 	(b) For students enrolled in grade 8 in the 2005-2006 school year and later, only the 
13.18 	following options shall fulfill students' state graduation test requirements:
13.19 	(1) for reading and mathematics:
13.20 	(i) obtaining an achievement level equivalent to or greater than proficient as 
13.21 	determined through a standard setting process on the Minnesota comprehensive 
13.22 	assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing 
13.23 	score as determined through a standard setting process on the graduation-required 
13.24 	assessment for diploma in grade 10 for reading and grade 11 for mathematics or 
13.25 	subsequent retests;
13.26 	(ii) achieving a passing score as determined through a standard setting process on the 
13.27 	state-identified language proficiency test in reading and the mathematics test for English 
13.28 	language learners or the graduation-required assessment for diploma equivalent of those 
13.29 	assessments for students designated as English language learners;
13.30 	(iii) achieving an individual passing score on the graduation-required assessment 
13.31 	for diploma as determined by appropriate state guidelines for students with an individual 
13.32 	education plan or 504 plan;
13.33 	(iv) obtaining achievement level equivalent to or greater than proficient as 
13.34 	determined through a standard setting process on the state-identified alternate assessment 
13.35 	or assessments in grade 10 for reading and grade 11 for mathematics for students with 
13.36 	an individual education plan; or
14.1 	(v) achieving an individual passing score on the state-identified alternate assessment 
14.2 	or assessments as determined by appropriate state guidelines for students with an 
14.3 	individual education plan; and
14.4 	(2) for writing:
14.5 	(i) achieving a passing score on the graduation-required assessment for diploma;
14.6 	(ii) achieving a passing score as determined through a standard setting process on 
14.7 	the state-identified language proficiency test in writing for students designated as English 
14.8 	language learners;
14.9 	(iii) achieving an individual passing score on the graduation-required assessment 
14.10 	for diploma as determined by appropriate state guidelines for students with an individual 
14.11 	education plan or 504 plan; or
14.12 	(iv) achieving an individual passing score on the state-identified alternate assessment 
14.13 	or assessments as determined by appropriate state guidelines for students with an 
14.14 	individual education plan.
14.15 	 (c) The 3rd through 8th grade and high school level test results shall be available 
14.16 	to districts for diagnostic purposes affecting student learning and district instruction and 
14.17 	curriculum, and for establishing educational accountability. The commissioner must 
14.18 	disseminate to the public the test results upon receiving those results.
14.19 	 (d) State tests must be constructed and aligned with state academic standards. The 
14.20 	 commissioner shall determine thetesting process and the order of administration shall be 
14.21 	determined by the commissioner. The statewide results shall be aggregated at the site and 
14.22 	district level, consistent with subdivision 1a.
14.23 	 (e) In addition to the testing and reporting requirements under this section, the 
14.24 	commissioner shall include the following components in the statewide public reporting 
14.25 	system:
14.26 	(1) uniform statewide testing of all students in grades 3 through 8 and at the high 
14.27 	school level that provides appropriate, technically sound accommodations, alternate 
14.28 	assessments, or exemptions consistent with applicable federal law, only with parent or 
14.29 	guardian approval, for those very few students for whom the student's individual education 
14.30 	plan team under sections 125A.05 and 125A.06 determines that the general statewide test 
14.31 	is inappropriate for a student, or for a limited English proficiency student under section 
14.32 	124D.59, subdivision 2;
14.33 	(2) educational indicators that can be aggregated and compared across school 
14.34 	districts and across time on a statewide basis, including average daily attendance, high 
14.35 	school graduation rates, and high school drop-out rates by age and grade level;
14.36 	(3) state results on the American College Test; and
15.1 	(4) state results from participation in the National Assessment of Educational 
15.2 	Progress so that the state can benchmark its performance against the nation and other 
15.3 	states, and, where possible, against other countries, and contribute to the national effort 
15.4 	to monitor achievement.
15.5 		Subd. 1a.Statewide and local assessments; results. (a) The commissioner must 
15.6 	develop reading, mathematics, and science assessments aligned with state academic 
15.7 	standards that districts and sites must use to monitor student growth toward achieving 
15.8 	those standards. The commissioner must not develop statewide assessments for academic 
15.9 	standards in social studies, health and physical education, and the arts. The commissioner 
15.10 	must require:
15.11 	(1) annual reading and mathematics assessments in grades 3 through 8 and at the 
15.12 	high school level for the 2005-2006 school year and later; and
15.13 	(2) annual science assessments in one grade in the grades 3 through 5 span, the 
15.14 	grades 6 through 9 8 span, and a life sciences assessment in the grades 10 9 through 12 
15.15 	span for the 2007-2008 school year and later.
15.16 	(b) The commissioner must ensure that all statewide tests administered to elementary 
15.17 	and secondary students measure students' academic knowledge and skills and not students' 
15.18 	values, attitudes, and beliefs.
15.19 	(c) Reporting of assessment results must:
15.20 	(1) provide timely, useful, and understandable information on the performance of 
15.21 	individual students, schools, school districts, and the state;
15.22 	(2) include, by no later than the 2008-2009 school year, a value-added component 
15.23 	that is in addition to a measure for student achievement growth over time; and
15.24 	(3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine 
15.25 	whether students have met the state's basic skills requirements; and
15.26 	(ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine 
15.27 	whether students have met the state's academic standards.
15.28 	(d) Consistent with applicable federal law and subdivision 1, paragraph (d), clause 
15.29 	(1), the commissioner must include appropriate, technically sound accommodations or 
15.30 	alternative assessments for the very few students with disabilities for whom statewide 
15.31 	assessments are inappropriate and for students with limited English proficiency.
15.32 	(e) A school, school district, and charter school must administer statewide 
15.33 	assessments under this section, as the assessments become available, to evaluate student 
15.34 	progress in achieving the proficiency in the context of the state's grade level academic 
15.35 	standards. If a state assessment is not available, a school, school district, and charter 
15.36 	school must determine locally if a student has met the required academic standards. A 
16.1 	school, school district, or charter school may use a student's performance on a statewide 
16.2 	assessment as one of multiple criteria to determine grade promotion or retention. A 
16.3 	school, school district, or charter school may use a high school student's performance on a 
16.4 	statewide assessment as a percentage of the student's final grade in a course, or place a 
16.5 	student's assessment score on the student's transcript.
16.6 		Subd. 2.Department of Education assistance. The Department of Education 
16.7 	shall contract for professional and technical services according to competitive bidding 
16.8 	procedures under chapter 16C for purposes of this section.
16.9 		Subd. 3.Reporting. The commissioner shall report test data publicly and to 
16.10 	stakeholders, including the performance achievement levels developed from students' 
16.11 	unweighted test scores in each tested subject and a listing of demographic factors that 
16.12 	strongly correlate with student performance. The commissioner shall also report data that 
16.13 	compares performance results among school sites, school districts, Minnesota and other 
16.14 	states, and Minnesota and other nations. The commissioner shall disseminate to schools 
16.15 	and school districts a more comprehensive report containing testing information that 
16.16 	meets local needs for evaluating instruction and curriculum.
16.17 		Subd. 4.Access to tests. The commissioner must adopt and publish a policy 
16.18 	to provide public and parental access for review of basic skills tests, Minnesota 
16.19 	Comprehensive Assessments, or any other such statewide test and assessment. Upon 
16.20 	receiving a written request, the commissioner must make available to parents or guardians 
16.21 	a copy of their student's actual responses to the test questions to be reviewed by the 
16.22 	parent for their review.

16.23 	EFFECTIVE DATE. This section is effective the day following final enactment.

16.24 	Sec. 12. Minnesota Statutes 2008, section 121A.035, subdivision 2, is amended to read:
16.25 		Subd. 2.School district and charter school policy. A school board and a 
16.26 	charter school must adopt a crisis management policy to address potential violent crisis 
16.27 	situations in the district or charter school. The policy must be developed cooperatively 
16.28 	with administrators, teachers, employees, students, parents, community members, law 
16.29 	enforcement agencies, other emergency management officials, county attorney offices, 
16.30 	social service agencies, emergency medical responders, and any other appropriate 
16.31 	individuals or organizations. The policy must include at least five school lock-down 
16.32 	drills, five school fire drills consistent with section 299F.30, and one tornado drill, and an 
16.33 	expectation that students be present and participate in these drills. 

17.1 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
17.2 	later.

17.3 	Sec. 13. Minnesota Statutes 2008, section 121A.037, is amended to read:
17.4 	121A.037 SCHOOL SAFETY DRILLS.
17.5 	Private schools and educational institutions not subject to section 121A.035 must 
17.6 	have at least five school lock-down drills, five school fire drills consistent with section 
17.7 	299F.30, and one tornado drill, and an expectation that students be present and participate 
17.8 	in these drills.

17.9 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
17.10 	later.

17.11 	Sec. 14. [121A.215] LOCAL SCHOOL DISTRICT WELLNESS POLICIES; 
17.12 	WEB SITE.
17.13 	When available, a school district must post its current local school wellness policy 
17.14 	on its Web site.

17.15 	EFFECTIVE DATE. This section is effective July 1, 2009.

17.16 	Sec. 15. Minnesota Statutes 2008, section 122A.07, subdivision 2, is amended to read:
17.17 		Subd. 2.Eligibility; board composition. Except for the representatives of higher 
17.18 	education and the public, to be eligible for appointment to the Board of Teaching a person 
17.19 	must be a teacher currently teaching in a Minnesota school and fully licensed for the 
17.20 	position held and have at least five years teaching experience in Minnesota, including the 
17.21 	two years immediately preceding nomination and appointment. Each nominee, other than 
17.22 	a public nominee, must be selected on the basis of professional experience and knowledge 
17.23 	of teacher education, accreditation, and licensure. The board must be composed of:
17.24 	(1) six teachers who are currently teaching in a Minnesota school or who were 
17.25 	teaching at the time of the appointment, at least four of whom must be teaching in a 
17.26 	public school;
17.27 	(2) one higher education representative, who must be a faculty member preparing 
17.28 	teachers;
17.29 	(3) one school administrator; and
17.30 	(4) three members of the public, two of whom must be present or former members 
17.31 	of school boards.

18.1 	Sec. 16. Minnesota Statutes 2008, section 122A.07, subdivision 3, is amended to read:
18.2 		Subd. 3.Vacant position. With the exception of a teacher who retires from teaching 
18.3 	during the course of completing a board term, the position of a member who leaves 
18.4 	Minnesota or whose employment status changes to a category different from that from 
18.5 	which appointed is deemed vacant.

18.6 	Sec. 17. Minnesota Statutes 2008, section 122A.09, subdivision 4, is amended to read:
18.7 		Subd. 4.License and rules. (a) The board must adopt rules to license public school 
18.8 	teachers and interns subject to chapter 14.
18.9 	(b) The board must adopt rules requiring a person to successfully complete a skills 
18.10 	examination in reading, writing, and mathematics as a requirement for initial teacher 
18.11 	licensure. Such rules must require college and universities offering a board-approved 
18.12 	teacher preparation program to provide remedial assistance to persons who did not 
18.13 	achieve a qualifying score on the skills examination, including those for whom English is 
18.14 	a second language.
18.15 	(c) The board must adopt rules to approve teacher preparation programs. The board, 
18.16 	upon the request of a postsecondary student preparing for teacher licensure or a licensed 
18.17 	graduate of a teacher preparation program, shall assist in resolving a dispute between the 
18.18 	person and a postsecondary institution providing a teacher preparation program when the 
18.19 	dispute involves an institution's recommendation for licensure affecting the person or the 
18.20 	person's credentials. At the board's discretion, assistance may include the application 
18.21 	of chapter 14.
18.22 	(d) The board must provide the leadership and shall adopt rules for the redesign of 
18.23 	teacher education programs to implement a research based, results-oriented curriculum 
18.24 	that focuses on the skills teachers need in order to be effective. The board shall implement 
18.25 	new systems of teacher preparation program evaluation to assure program effectiveness 
18.26 	based on proficiency of graduates in demonstrating attainment of program outcomes.
18.27 	The board must require that persons enrolled in a teacher preparation program receive 
18.28 	instruction in historical and cultural competencies related to Minnesota American 
18.29 	Indian tribes and communities and their contributions to Minnesota, consistent with 
18.30 	sections 120B.021, subdivision 1,  and 124D.71 to 124D.82. The competencies related 
18.31 	to Minnesota American Indian tribes and communities must include, among other 
18.32 	components, standards for instructional practices most effective for successfully teaching 
18.33 	elementary and secondary American Indian students.
18.34 	(e) The board must adopt rules requiring successful completion of an examination 
18.35 	of general pedagogical knowledge and examinations of licensure-specific teaching 
19.1 	skills. The rules shall be effective on the dates determined by the board but not later 
19.2 	than September 1, 2001.
19.3 	(f) The board must adopt rules requiring teacher educators to work directly with 
19.4 	elementary or secondary school teachers in elementary or secondary schools to obtain 
19.5 	periodic exposure to the elementary or secondary teaching environment.
19.6 	(g) The board must grant licenses to interns and to candidates for initial licenses.
19.7 	(h) The board must design and implement an assessment system which requires a 
19.8 	candidate for an initial license and first continuing license to demonstrate the abilities 
19.9 	necessary to perform selected, representative teaching tasks at appropriate levels.
19.10 	(i) The board must receive recommendations from local committees as established 
19.11 	by the board for the renewal of teaching licenses.
19.12 	(j) The board must grant life licenses to those who qualify according to requirements 
19.13 	established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and 
19.14 	214.10. The board must not establish any expiration date for application for life licenses.  
19.15 	(k) The board must adopt rules that require all licensed teachers who are renewing 
19.16 	their continuing license to include in their renewal requirements further preparation in 
19.17 	the areas of using positive behavior interventions and in accommodating, modifying, and 
19.18 	adapting curricula, materials, and strategies to appropriately meet the needs of individual 
19.19 	students and ensure adequate progress toward the state's graduation rule.
19.20 	(l) In adopting rules to license public school teachers who provide health-related 
19.21 	services for disabled children, the board shall adopt rules consistent with license or 
19.22 	registration requirements of the commissioner of health and the health-related boards who 
19.23 	license personnel who perform similar services outside of the school.
19.24 	(m) The board must adopt rules that require all licensed teachers who are renewing 
19.25 	their continuing license to include in their renewal requirements further reading 
19.26 	preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect 
19.27 	until they are approved by law. Teachers who do not provide direct instruction including, at 
19.28 	least, counselors, school psychologists, school nurses, school social workers, audiovisual 
19.29 	directors and coordinators, and recreation personnel are exempt from this section.  
19.30 	(n) The board must adopt rules that require all licensed teachers who are renewing 
19.31 	their continuing license to include in their renewal requirements further preparation 
19.32 	in understanding the key warning signs of early-onset mental illness in children and 
19.33 	adolescents.

19.34 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
19.35 	later.

20.1 	Sec. 18. Minnesota Statutes 2008, section 122A.14, is amended by adding a 
20.2 	subdivision to read:
20.3 		Subd. 2a.Gifted and talented preparation. A university approved by the board to 
20.4 	prepare candidates for administrative licensure must provide candidates, as part of the 
20.5 	traditional and alternative preparation programs, the opportunity to acquire competency in 
20.6 	administering gifted and talented services.

20.7 	EFFECTIVE DATE. This section is effective the day following final enactment 
20.8 	and applies to candidates who enroll in either a traditional or an alternative preparation 
20.9 	administrator licensure program after August 15, 2009.

20.10 	Sec. 19. Minnesota Statutes 2008, section 122A.14, is amended by adding a 
20.11 	subdivision to read:
20.12 		Subd. 2b.Gifted and talented preparation; board review. (a) The board must 
20.13 	periodically review and approve traditional and alternative preparation sequences for 
20.14 	school administrators and the sequence of competencies in administering gifted and 
20.15 	talented student programs and services.
20.16 	(b) The board also may advise a university on developing and implementing 
20.17 	continuing education programs focused on building competencies for administering gifted 
20.18 	and talented programs and other gifted services.

20.19 	EFFECTIVE DATE. This section is effective the day following final enactment.

20.20 	Sec. 20. Minnesota Statutes 2008, section 122A.18, is amended by adding a 
20.21 	subdivision to read:
20.22 		Subd. 10.Gifted and talented preparation; board review. (a) A college or 
20.23 	university with a teacher preparation program approved by the board must provide teacher 
20.24 	candidates with the opportunity to acquire competency in recognizing gifted students and 
20.25 	in providing classroom instruction to gifted and talented students.
20.26 	(b) The board must periodically review and approve traditional and alternative 
20.27 	sequences for teacher candidates in recognizing gifted students and in providing classroom 
20.28 	instruction to gifted and talented students.

20.29 	EFFECTIVE DATE. This section is effective the day following final enactment 
20.30 	and applies to teacher candidates who enroll in either a traditional or an alternative 
20.31 	preparation teacher licensure program after September 1, 2009.

20.32 	Sec. 21. Minnesota Statutes 2008, section 122A.75, subdivision 1, is amended to read:
21.1 		Subdivision 1.Services. An Administrators Academy is established. The academy 
21.2 	shall provide at least the following services:
21.3 	(1) an administrator assessment that results in an individual professional 
21.4 	development plan;
21.5 	(2) research and development assistance that provides current research and data 
21.6 	of interest to administrators; and
21.7 	(3) brokerage assistance to provide services and resources to help administrators 
21.8 	with needs identified in their individual professional development plan; and
21.9 	(4) the opportunity for administrators to acquire competency in administering gifted 
21.10 	and talented services, consistent with section 122A.14, subdivision 2b.

21.11 	EFFECTIVE DATE. This section is effective the day following final enactment 
21.12 	and applies to administrators participating in an administrators academy program after 
21.13 	August 1, 2009.

21.14 	Sec. 22. Minnesota Statutes 2008, section 123B.51, is amended by adding a 
21.15 	subdivision to read:
21.16 		Subd. 5a.Temporary closing. A school district that proposes to temporarily close a 
21.17 	schoolhouse or that intends to lease the facility to another entity for use as a schoolhouse 
21.18 	for three or fewer years is not subject to subdivision 5 if the school board holds a public 
21.19 	meeting and allows public comment on the schoolhouse's future.

21.20 	EFFECTIVE DATE. This section is effective the day following final enactment.

21.21 	Sec. 23. Minnesota Statutes 2008, section 124D.09, subdivision 5, is amended to read:
21.22 		Subd. 5.Authorization; notification. Notwithstanding any other law to the 
21.23 	contrary, an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled 
21.24 	tribal contract or grant school eligible for aid under section 124D.83, except a foreign 
21.25 	exchange pupil enrolled in a district under a cultural exchange program, may apply to an 
21.26 	eligible institution, as defined in subdivision 3, to enroll in nonsectarian courses offered by 
21.27 	that postsecondary institution. If an institution accepts a secondary pupil for enrollment 
21.28 	under this section, the institution shall send written notice to the pupil, the pupil's school 
21.29 	or school district, and the commissioner within ten days of acceptance. The notice must 
21.30 	indicate the course and hours of enrollment of that pupil. If the pupil enrolls in a course 
21.31 	for postsecondary credit only, the institution must notify the pupil about payment in the 
21.32 	customary manner used by the institution.  

22.1 	Sec. 24. Minnesota Statutes 2008, section 124D.095, subdivision 4, is amended to read:
22.2 		Subd. 4.Online learning parameters. (a) An online learning student must receive 
22.3 	academic credit for completing the requirements of an online learning course or program. 
22.4 	Secondary credits granted to an online learning student must be counted toward the 
22.5 	graduation and credit requirements of the enrolling district. An online learning provider 
22.6 	must make available to the enrolling district the course syllabus, standard alignment, 
22.7 	content outline, assessment requirements, and contact information for supplemental online 
22.8 	courses taken by students in the enrolling district. The enrolling district must apply the 
22.9 	same graduation requirements to all students, including online learning students, and 
22.10 	must continue to provide nonacademic services to online learning students. If a student 
22.11 	completes an online learning course or program that meets or exceeds a graduation 
22.12 	standard or grade progression requirement at the enrolling district, that standard or 
22.13 	requirement is met. The enrolling district must use the same criteria for accepting online 
22.14 	learning credits or courses as it does for accepting credits or courses for transfer students 
22.15 	under section 124D.03, subdivision 9. The enrolling district may reduce the course 
22.16 	schedule of an online learning student in proportion to the number of online learning 
22.17 	courses the student takes from an online learning provider that is not the enrolling district.
22.18 	(b) An online learning student may:
22.19 	(1) enroll in supplemental online learning courses during a single school year to a 
22.20 	maximum of 50 percent of the student's full schedule of courses per term. A student may 
22.21 	exceed the supplemental online learning registration limit if the enrolling district grants 
22.22 	permission for supplemental online learning enrollment above the limit, or if an agreement 
22.23 	is made between the enrolling district and the online learning provider for instructional 
22.24 	services;
22.25 	(2) complete course work at a grade level that is different from the student's current 
22.26 	grade level; and
22.27 	(3) enroll in additional courses with the online learning provider under a separate 
22.28 	agreement that includes terms for payment of any tuition or course fees.
22.29 	(c) An online learning student has the same access to the computer hardware and 
22.30 	education software available in a school as all other students in the enrolling district. An 
22.31 	online learning provider must assist an online learning student whose family qualifies 
22.32 	for the education tax credit under section 290.0674 to acquire computer hardware and 
22.33 	educational software for online learning purposes.
22.34 	(d) An enrolling district may offer online learning to its enrolled students. 
22.35 	Such online learning does not generate online learning funds under this section. 
22.36 	Notwithstanding paragraph (e), an enrolling district that offers online learning only to its 
23.1 	enrolled students is not subject to the reporting requirements or review criteria under 
23.2 	subdivision 7, unless the enrolling district is a full-time online provider. A teacher with a 
23.3 	Minnesota license must assemble and deliver instruction to enrolled students receiving 
23.4 	online learning from an enrolling district. The delivery of instruction occurs when the 
23.5 	student interacts with the computer or the teacher and receives ongoing assistance and 
23.6 	assessment of learning. The instruction may include curriculum developed by persons 
23.7 	other than a teacher with a Minnesota license.
23.8 	(e) An online learning provider that is not the enrolling district is subject to 
23.9 	the reporting requirements and review criteria under subdivision 7. A teacher with a 
23.10 	Minnesota license must assemble and deliver instruction to online learning students. The 
23.11 	delivery of instruction occurs when the student interacts with the computer or the teacher 
23.12 	and receives ongoing assistance and assessment of learning. The instruction may include 
23.13 	curriculum developed by persons other than a teacher with a Minnesota license. Unless 
23.14 	the commissioner grants a waiver, a teacher providing online learning instruction must not 
23.15 	instruct more than 40 students in any one online learning course or program.
23.16 	(f) To enroll in more than 50 percent of the student's full schedule of courses per term 
23.17 	in online learning, the student must qualify to exceed the supplemental online learning 
23.18 	registration limit under paragraph (b) or apply for enrollment to an approved full-time 
23.19 	online learning program following appropriate procedures in subdivision 3, paragraph (a). 
23.20 	Full-time online learning students may enroll in classes at a local school per contract for 
23.21 	instructional services between the online learning provider and the school district.

23.22 	Sec. 25. Minnesota Statutes 2008, section 124D.095, subdivision 7, is amended to read:
23.23 		Subd. 7.Department of Education. (a) The department must review and 
23.24 	certify online learning providers. The online learning courses and programs must be 
23.25 	rigorous, aligned with state academic standards, and contribute to grade progression 
23.26 	in a single subject. Online learning providers must demonstrate to the commissioner 
23.27 	that online learning courses have equivalent standards or instruction, curriculum, and 
23.28 	assessment requirements as other courses offered to enrolled students. The online 
23.29 	learning provider must also demonstrate expectations for actual teacher contact time 
23.30 	or other student-to-teacher communication The online provider must provide written 
23.31 	assurance that all courses meet state academic standards, and that the online learning 
23.32 	curriculum, instruction and assessment, expectations for actual teacher contact time or 
23.33 	other student-to-teacher communication, and academic support meet nationally recognized 
23.34 	professional standards and are demonstrated as such in a syllabus provided according to 
23.35 	the commissioner's requirements. Once an online learning provider is approved under 
24.1 	this paragraph, all of its online learning course offerings are eligible for payment under 
24.2 	this section unless a course is successfully challenged by an enrolling district or the 
24.3 	department under paragraph (b).
24.4 	(b) An enrolling district may challenge the validity of a course offered by an online 
24.5 	learning provider. The department must review such challenges based on the certification 
24.6 	procedures under paragraph (a). The department may initiate its own review of the validity 
24.7 	of an online learning course offered by an online learning provider.
24.8 	(c) The department may collect a fee not to exceed $250 for certifying online 
24.9 	learning providers or $50 per course for reviewing a challenge by an enrolling district.
24.10 	(d) The department must develop, publish, and maintain a list of approved online 
24.11 	learning providers and online learning courses and programs that it has reviewed and 
24.12 	certified.

24.13 	Sec. 26. Minnesota Statutes 2008, section 124D.095, subdivision 10, is amended to 
24.14 	read:
24.15 		Subd. 10.Online Learning Advisory Council. (a) An Online Learning Advisory 
24.16 	Council is established under section 15.059, except that the term for each council member 
24.17 	shall be three years. The advisory council is composed of 12 members from throughout 
24.18 	the state who have demonstrated experience with or interest in online learning. The 
24.19 	members of the council shall be appointed by the commissioner. The advisory council 
24.20 	shall bring to the attention of the commissioner any matters related to online learning and 
24.21 	provide input to the department in matters related, but not restricted, to:
24.22 	(1) quality assurance;
24.23 	(2) teacher qualifications;
24.24 	(3) program approval;
24.25 	(4) special education;
24.26 	(5) attendance;
24.27 	(6) program design and requirements; and
24.28 	(7) fair and equal access to programs.
24.29 	(b) The Online Learning Advisory Council under this subdivision expires June 30, 
24.30 	2008 Notwithstanding section 15.059, subdivision 5, the council expires June 30, 2010.

24.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

24.32 	Sec. 27. Minnesota Statutes 2008, section 124D.10, subdivision 2a, is amended to read:
24.33 		Subd. 2a.Charter School Advisory Council. (a) A Charter School Advisory 
24.34 	Council is established under section 15.059 except that the term for each council member 
25.1 	shall be three years. The advisory council is composed of seven members from throughout 
25.2 	the state who have demonstrated experience with or interest in charter schools. The 
25.3 	members of the council shall be appointed by the commissioner. The advisory council 
25.4 	shall bring to the attention of the commissioner any matters related to charter schools 
25.5 	that the council deems necessary and shall: 
25.6 	(1) encourage school boards to make full use of charter school opportunities;
25.7 	(2) encourage the creation of innovative schools;
25.8 	(3) provide leadership and support for charter school sponsors to increase the 
25.9 	innovation in and the effectiveness, accountability, and fiscal soundness of charter schools;
25.10 	(4) serve an ombudsman function in facilitating the operations of new and existing 
25.11 	charter schools;
25.12 	(5) promote timely financial management training for newly elected members of 
25.13 	a charter school board of directors and ongoing training for other members of a charter 
25.14 	school board of directors; and
25.15 	(6) facilitate compliance with auditing and other reporting requirements. The 
25.16 	advisory council shall refer all its proposals to the commissioner who shall provide time 
25.17 	for reports from the council.
25.18 	(b) The Charter School Advisory Council under this subdivision expires June 30, 
25.19 	2007 2011.

25.20 	EFFECTIVE DATE. This section is effective retroactively from June 30, 2007.

25.21 	Sec. 28. Minnesota Statutes 2008, section 124D.10, subdivision 4, is amended to read:
25.22 		Subd. 4.Formation of school. (a) A sponsor may authorize one or more licensed 
25.23 	teachers under section 122A.18, subdivision 1, to operate a charter school subject to 
25.24 	approval by the commissioner. A board must vote on charter school application for 
25.25 	sponsorship no later than 90 days after receiving the application. The school must be 
25.26 	organized and operated as a cooperative under chapter 308A or nonprofit corporation 
25.27 	under chapter 317A and the provisions under the applicable chapter shall apply to the 
25.28 	school except as provided in this section. Notwithstanding sections 465.717 and 465.719, 
25.29 	a school district may create a corporation for the purpose of creating a charter school.
25.30 	(b) Before the operators may form and operate a school, the sponsor must file an 
25.31 	affidavit with the commissioner stating its intent to authorize a charter school. The 
25.32 	affidavit must demonstrate the sponsor's abilities, capacities, and expertise in fulfilling the 
25.33 	responsibilities of a sponsor andstate the terms and conditions under which the sponsor 
25.34 	would authorize a charter school and how the sponsor intends to oversee the fiscal and 
25.35 	student performance of the charter school and to comply with the terms of the written 
26.1 	contract between the sponsor and the charter school board of directors under subdivision 
26.2 	6 in the form and manner prescribed by the commissioner. The sponsor must submit 
26.3 	an affidavit to the commissioner for each charter school it proposes to authorize. The 
26.4 	commissioner must approve or disapprove the sponsor's proposed authorization within 
26.5 	90 days of receipt of the affidavit. Failure to obtain commissioner approval precludes a 
26.6 	sponsor from authorizing the charter school that was the subject of the affidavit.
26.7 	(c) The operators authorized to organize and operate a school, before entering into a 
26.8 	contract or other agreement for professional or other services, goods, or facilities, must 
26.9 	incorporate as a cooperative under chapter 308A or as a nonprofit corporation under 
26.10 	chapter 317A and must establish a board of directors composed of at least five nonrelated 
26.11 	members until a timely election for members of the charter school board of directors is 
26.12 	held according to the school's articles and bylaws. A charter school board of directors 
26.13 	must be composed of at least five members. Any staff members who are employed at the 
26.14 	school, including teachers providing instruction under a contract with a cooperative, and 
26.15 	all parents of children enrolled in the school may are eligible to participate in the election 
26.16 	for members of the school's board of directors. Licensed teachers employed at the school, 
26.17 	including teachers providing instruction under a contract with a cooperative, must be a 
26.18 	majority of the members of the board of directors before the school completes its third 
26.19 	year of operation, unless the commissioner waives the requirement for a majority of 
26.20 	licensed teachers on the board. Board of director meetings must comply with chapter 13D.
26.21 	(d) The granting or renewal of a charter by a sponsoring entity must not be 
26.22 	conditioned upon the bargaining unit status of the employees of the school.
26.23 	(e) The granting or renewal of a charter school by a sponsor must not be contingent 
26.24 	on the charter school being required to contract, lease, or purchase services from the 
26.25 	sponsor. 
26.26 	(f) A sponsor may authorize the operators of a charter school to expand the operation 
26.27 	of the charter school to additional sites or to add additional grades at the school beyond 
26.28 	those described in the sponsor's application as approved by the commissioner only 
26.29 	after submitting a supplemental application to the commissioner in a form and manner 
26.30 	prescribed by the commissioner. The supplemental application must provide evidence that:
26.31 	(1) the expansion of the charter school is supported by need and projected enrollment;
26.32 	(2) the charter school is fiscally sound;
26.33 	(3) the sponsor supports the expansion; and
26.34 	(4) the building of the additional site meets all health and safety requirements to 
26.35 	be eligible for lease aid.
27.1 	(f) (g) The commissioner annually must provide timely financial management 
27.2 	training to newly elected members of a charter school board of directors and ongoing 
27.3 	training to other members of a charter school board of directors. Training must address 
27.4 	ways to:
27.5 	(1) proactively assess opportunities for a charter school to maximize all available 
27.6 	revenue sources;
27.7 	(2) establish and maintain complete, auditable records for the charter school;
27.8 	(3) establish proper filing techniques;
27.9 	(4) document formal actions of the charter school, including meetings of the charter 
27.10 	school board of directors;
27.11 	(5) properly manage and retain charter school and student records;
27.12 	(6) comply with state and federal payroll record-keeping requirements; and
27.13 	(7) address other similar factors that facilitate establishing and maintaining complete 
27.14 	records on the charter school's operations.

27.15 	Sec. 29. Minnesota Statutes 2008, section 124D.10, subdivision 4a, is amended to read:
27.16 		Subd. 4a.Conflict of interest. (a) A member of a charter school board of directors 
27.17 	is prohibited from serving as a member of the board of directors or as an employee or agent 
27.18 	of or a contractor with a for-profit entity with whom the charter school contracts, directly 
27.19 	or indirectly, for professional services, goods, or facilities. A violation of this prohibition 
27.20 	renders a contract voidable at the option of the commissioner. The commissioner may 
27.21 	reduce a charter school's state aid under section 127A.42 if the charter school board fails 
27.22 	to correct a violation under this subdivision in a timely manner. A member of a charter 
27.23 	school board of directors who violates this prohibition shall be individually liable to the 
27.24 	charter school for any damage caused by the violation.
27.25 	(b) An individual may serve as a member of the board of directors if no conflict of 
27.26 	interest under paragraph (a) exists.
27.27 	(c) A member of a charter school board of directors that serves as a member of the 
27.28 	board of directors or as an employee or agent of or a contractor with a nonprofit entity 
27.29 	with whom the charter school contracts, directly or indirectly, for professional services, 
27.30 	goods, or facilities, must disclose all potential conflicts to the commissioner. A violation 
27.31 	of this requirement makes a contract voidable at the option of the commissioner. The 
27.32 	commissioner may reduce a charter school's aid under section 127A.42 if the charter 
27.33 	school fails to correct a violation under this subdivision in a timely manner.
28.1 	(d) The conflict of interest provisions under this subdivision do not apply to 
28.2 	compensation paid to a teacher employed by the charter school who also serves as a 
28.3 	member of the board of directors.
28.4 	(e) The conflict of interest provisions under this subdivision do not apply to a teacher 
28.5 	who provides services to a charter school through a cooperative formed under chapter 
28.6 	308A when the teacher also serves on the charter school board of directors.

28.7 	Sec. 30. Minnesota Statutes 2008, section 124D.10, subdivision 6, is amended to read:
28.8 		Subd. 6.Contract. The sponsor's authorization for a charter school must be in the 
28.9 	form of a written contract signed by the sponsor and the board of directors of the charter 
28.10 	school. The contract must be completed within 90 days of the commissioner's approval 
28.11 	of the sponsor's proposed authorization. The contract for a charter school must be in 
28.12 	writing and contain at least the following:
28.13 	(1) a description of a program that carries out one or more of the purposes in 
28.14 	subdivision 1;
28.15 	(2) specific outcomes pupils are to achieve under subdivision 10;
28.16 	(3) admission policies and procedures;
28.17 	(4) management and administration of the school;
28.18 	(5) requirements and procedures for program and financial audits;
28.19 	(6) how the school will comply with subdivisions 8, 13, 16, and 23;
28.20 	(7) assumption of liability by the charter school;
28.21 	(8) types and amounts of insurance coverage to be obtained by the charter school;
28.22 	(9) the term of the contract, which may be up to three years for the initial contract, 
28.23 	and up to five years for renewed contracts based on the academic, financial, and 
28.24 	operational performance of the school;
28.25 	(10) if how the board of directors or the operators of the charter school will provide 
28.26 	special instruction and services for children with a disability under sections 125A.03
28.27 	to 125A.24, and 125A.65, a description of the financial parameters within which the 
28.28 	charter school will operate to provide the special instruction and services to children 
28.29 	with a disability; and
28.30 	(11) the process and criteria the sponsor intends to use to monitor and evaluate the 
28.31 	fiscal and student performance of the charter school, consistent with subdivision 15.

28.32 	Sec. 31. Minnesota Statutes 2008, section 124D.10, subdivision 6a, is amended to read:
28.33 		Subd. 6a.Audit report. (a) The charter school must submit an audit report to the 
28.34 	commissioner by December 31 each year. 
29.1 	(b) The charter school, with the assistance of the auditor conducting the audit, must 
29.2 	include with the report a copy of all charter school agreements for corporate management 
29.3 	services. If the entity that provides the professional services to the charter school is 
29.4 	exempt from taxation under section 501 of the Internal Revenue Code of 1986, that entity 
29.5 	must file with the commissioner by February 15 a copy of the annual return required under 
29.6 	section 6033 of the Internal Revenue Code of 1986. 
29.7 	(c) If the commissioner receives as part of thean audit report a management letter
29.8 	indicating that a material weakness exists in the financial reporting systems of a charter 
29.9 	school, the charter school must submit a written report to the commissioner explaining 
29.10 	how the material weakness will be resolved. 
29.11 	(d) Upon the request of an individual, the charter school must make available in a 
29.12 	timely fashion the minutes of meetings of members, the board of directors, and committees 
29.13 	having any of the authority of the board of directors, and statements showing the financial 
29.14 	result of all operations and transactions affecting income and surplus during the school's 
29.15 	last annual accounting period and a balance sheet containing a summary of its assets and 
29.16 	liabilities as of the closing date of the accounting period.

29.17 	Sec. 32. Minnesota Statutes 2008, section 124D.10, subdivision 7, is amended to read:
29.18 		Subd. 7.Public status; exemption from statutes and rules. A charter school is 
29.19 	a public school and is part of the state's system of public education. Except as provided 
29.20 	in this section, a charter school is exempt from all statutes and rules applicable to a 
29.21 	school, a board, or a district, although it may elect to comply with one or more provisions 
29.22 	of statutes or rules A charter school is exempt from all statutes and rules applicable to 
29.23 	a school, school board, or school district unless a statute or rule is made specifically 
29.24 	applicable to a charter school.

29.25 	Sec. 33. Minnesota Statutes 2008, section 124D.10, subdivision 8, is amended to read:
29.26 		Subd. 8.State and local requirements. (a) A charter school shall meet all 
29.27 	applicable federal, state, and local health and safety requirements applicable to school 
29.28 	districts.
29.29 	(b) A school sponsored by a school board may be located in any district, unless the 
29.30 	school board of the district of the proposed location disapproves by written resolution.
29.31 	(c) A charter school must be nonsectarian in its programs, admission policies, 
29.32 	employment practices, and all other operations. A sponsor may not authorize a charter 
29.33 	school or program that is affiliated with a nonpublic sectarian school or a religious 
29.34 	institution.
30.1 	(d) Charter schools must not be used as a method of providing education or 
30.2 	generating revenue for students who are being home-schooled.
30.3 	(e) The primary focus of a charter school must be to provide a comprehensive 
30.4 	program of instruction for at least one grade or age group from five through 18 years 
30.5 	of age. Instruction may be provided to people younger than five years and older than 
30.6 	18 years of age.
30.7 	(f) A charter school may not charge tuition.
30.8 	(g) A charter school is subject to and must comply with chapter 363A and section 
30.9 	121A.04. 
30.10 	(h) A charter school is subject to and must comply with the Pupil Fair Dismissal 
30.11 	Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 
30.12 	123B.34 to 123B.39. 
30.13 	(i) A charter school is subject to the same financial audits, audit procedures, and 
30.14 	audit requirements as a district. Audits must be conducted in compliance with generally 
30.15 	accepted governmental auditing standards, the Federal Single Audit Act, if applicable, 
30.16 	and section 6.65. A charter school is subject to and must comply with sections 15.054; 
30.17 	118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 
30.18 	471.38; 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13, 
30.19 	and 15; 471.881; and 471.89. The audit must comply with the requirements of sections 
30.20 	123B.75 to 123B.83, except to the extent deviations are necessary because of the program 
30.21 	at the school. Deviations must be approved by the commissioner. The Department 
30.22 	of Education, state auditor, or legislative auditor may conduct financial, program, or 
30.23 	compliance audits. A charter school determined to be in statutory operating debt under 
30.24 	sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4. 
30.25 	(j) A charter school is a district for the purposes of tort liability under chapter 466.
30.26 	(k) A charter school must comply with sections 13.32; 120A.22, subdivision 7; 
30.27 	121A.75; and 260B.171, subdivisions 3 and 5. 
30.28 	(l) A charter school is subject to the Pledge of Allegiance requirement under section 
30.29 	121A.11, subdivision 3. 

30.30 	Sec. 34. Minnesota Statutes 2008, section 124D.10, subdivision 9, is amended to read:
30.31 		Subd. 9.Admission requirements. A charter school may limit admission to:
30.32 	(1) pupils within an age group or grade level;
30.33 	(2) people who are eligible to participate in the graduation incentives program 
30.34 	under section 124D.68; or 
31.1 	(3) residents of a specific geographic area where the percentage of the population 
31.2 	of non-Caucasian people of that area is greater than the percentage of the non-Caucasian 
31.3 	population in the congressional district in which the geographic area is located, and as 
31.4 	long as the school reflects the racial and ethnic diversity of the specific area.
31.5 	A charter school shall enroll an eligible pupil who submits a timely application, 
31.6 	unless the number of applications exceeds the capacity of a program, class, grade level, or 
31.7 	building. In this case, pupils must be accepted by lot. If a charter school is the only school 
31.8 	located in a town municipality serving pupils within a particular grade level, then pupils 
31.9 	that are residents of the town must be given preference for enrollment before accepting 
31.10 	pupils by lot. If a pupil lives within two miles of a charter school and the next closest 
31.11 	public school is more than five miles away, the charter school must give those pupils 
31.12 	preference for enrollment before accepting other pupils by lot.
31.13 	A charter school shall give preference for enrollment to a sibling of an enrolled pupil 
31.14 	and to a foster child of that pupil's parents before accepting other pupils by lot.
31.15 	A charter school may not limit admission to pupils on the basis of intellectual ability, 
31.16 	measures of achievement or aptitude, or athletic ability.

31.17 	EFFECTIVE DATE. This section is effective the day following final enactment 
31.18 	and applies to all applications for enrollment in the 2009-2010 school year and later.

31.19 	Sec. 35. Minnesota Statutes 2008, section 124D.10, subdivision 20, is amended to read:
31.20 		Subd. 20.Leave to teach in a charter school. If a teacher employed by a district 
31.21 	makes a written request for an extended leave of absence to teach at a charter school, the 
31.22 	district must grant the leave. The district must grant a leave not to exceed a total of five 
31.23 	years. Any request to extend the leave shall be granted only at the discretion of the school 
31.24 	board. The district may require that the request for a leave or extension of leave be made 
31.25 	up to 90 days before the teacher would otherwise have to report for duty before February 1 
31.26 	in the school year preceding the school year in which the teacher wishes to begin the leave, 
31.27 	or February 1 of the calendar year in which the leave is scheduled to terminate. Except 
31.28 	as otherwise provided in this subdivision and except for section 122A.46, subdivision 7, 
31.29 	the leave is governed by section 122A.46, including, but not limited to, reinstatement, 
31.30 	notice of intention to return, seniority, salary, and insurance. 
31.31 	During a leave, the teacher may continue to aggregate benefits and credits in the 
31.32 	Teachers' Retirement Association account by paying both the employer and employee 
31.33 	contributions based upon the annual salary of the teacher for the last full pay period before 
31.34 	the leave began. The retirement association may impose reasonable requirements to 
31.35 	efficiently administer this subdivision.

32.1 	Sec. 36. Minnesota Statutes 2008, section 124D.10, subdivision 23, is amended to read:
32.2 		Subd. 23.Causes for nonrenewal or termination of charter school contract. (a) 
32.3 	The duration of the contract with a sponsor must be for the term contained in the contract 
32.4 	according to subdivision 6. The sponsor may or may not renew a contract at the end of 
32.5 	the term for any ground listed in paragraph (b). A sponsor may unilaterally terminate a 
32.6 	contract during the term of the contract for any ground listed in paragraph (b). At least 60 
32.7 	days before not renewing or terminating a contract, the sponsor shall notify the board of 
32.8 	directors of the charter school of the proposed action in writing. The notice shall state the 
32.9 	grounds for the proposed action in reasonable detail and that the charter school's board of 
32.10 	directors may request in writing an informal hearing before the sponsor within 14 days 
32.11 	of receiving notice of nonrenewal or termination of the contract. Failure by the board of 
32.12 	directors to make a written request for a hearing within the 14-day period shall be treated 
32.13 	as acquiescence to the proposed action. Upon receiving a timely written request for a 
32.14 	hearing, the sponsor shall give reasonable notice to the charter school's board of directors 
32.15 	of the hearing date. The sponsor shall conduct an informal hearing before taking final 
32.16 	action. The sponsor shall take final action to renew or not renew a contract by the last day 
32.17 	of classes in the school year. If the sponsor is a local board, the school's board of directors 
32.18 	may appeal the sponsor's decision to the commissioner.
32.19 	(b) A contract may be terminated or not renewed upon any of the following grounds:
32.20 	(1) failure to meet the requirements for pupil performance contained in the contract;
32.21 	(2) failure to meet generally accepted standards of fiscal management;
32.22 	(3) violations of law; or
32.23 	(4) other good cause shown.
32.24 	If a contract is terminated or not renewed under this paragraph, the school must be 
32.25 	dissolved according to the applicable provisions of chapter 308A or 317A, except when 
32.26 	the commissioner approves the decision of a different eligible sponsor to authorize the 
32.27 	charter school.
32.28 	(c) If at the end of a contract term, either the sponsor or and the charter school 
32.29 	board of directors wants mutually agree to voluntarily terminate the contract, a change 
32.30 	in sponsors is allowed if the commissioner approves the decision of a different eligible 
32.31 	sponsor to authorize the charter school. The party intending to terminate the contract must 
32.32 	notify the other party and the commissioner of its intent at least 90 days before the date on 
32.33 	which the contract ends. The sponsor that is a party to the existing contract at least must 
32.34 	inform the approved different eligible sponsor about the fiscal and student performance of 
32.35 	the school. Both parties jointly must submit in writing to the commissioner their written 
32.36 	intent to terminate the contract. The commissioner must determine whether the charter 
33.1 	school and the prospective new sponsor can clearly identify and effectively resolve 
33.2 	those circumstances causing the previous sponsor and the charter school to terminate the 
33.3 	contract before the commissioner determines whether to grant the change of sponsor. 
33.4 	If no different eligible sponsor is approved, the school must be dissolved according to 
33.5 	applicable law and the terms of the contract.
33.6 	(d) The commissioner, after providing reasonable notice to the board of directors of 
33.7 	a charter school and the existing sponsor, and after providing an opportunity for a public 
33.8 	hearing, may terminate the existing sponsorial relationship contract between the sponsor 
33.9 	and the charter school if the charter school has a history of:
33.10 	(1) sustained failure to meet the requirements for pupil performance contained 
33.11 	in the contract;
33.12 	(2) financial mismanagement; or
33.13 	(2) (3) repeated violations of the law.

33.14 	Sec. 37. Minnesota Statutes 2008, section 124D.10, subdivision 23a, is amended to 
33.15 	read:
33.16 		Subd. 23a.Related party lease costs. (a) A charter school is prohibited from 
33.17 	entering a lease of real property with a related party as defined in subdivision 26
33.18 	this subdivision, unless the lessor is a nonprofit corporation under chapter 317A or a 
33.19 	cooperative under chapter 308A, and the lease cost is reasonable under section 124D.11, 
33.20 	subdivision 4, clause (1). 
33.21 	(b) For purposes of this subdivision:
33.22 	(1) "affiliate" means a person that directly or indirectly, through one or more 
33.23 	intermediaries, controls, is controlled by, or is under common control with another person;
33.24 	(2) "close relative" means an individual whose relationship by blood, marriage, or 
33.25 	adoption to another individual is no more remote than first cousin;
33.26 	(3) "control" means the ability to affect the management, operations, or policies of a 
33.27 	person, whether through ownership of voting securities, by contract, or otherwise;
33.28 	(4) "person" means an individual or entity of any kind; and
33.29 	(5) "related party" means an affiliate or close relative of the other party in question, 
33.30 	an affiliate of a close relative, or a close relative of an affiliate.
33.31 	(b)(c) A lease of real property to be used for a charter school, not excluded in 
33.32 	paragraph (a), must contain the following statement: "This lease is subject to Minnesota 
33.33 	Statutes, section 124D.10, subdivision 23a." 
33.34 	(c)(d) If a charter school enters into as lessee a lease with a related party and the 
33.35 	charter school subsequently closes, the commissioner has the right to recover from the 
34.1 	lessor any lease payments in excess of those that are reasonable under section 124D.11, 
34.2 	subdivision 4, clause (1). 

34.3 	Sec. 38. Minnesota Statutes 2008, section 126C.40, subdivision 6, is amended to read:
34.4 		Subd. 6.Lease purchase; installment buys. (a) Upon application to, and approval 
34.5 	by, the commissioner in accordance with the procedures and limits in subdivision 1, 
34.6 	paragraphs (a) and (b), a district, as defined in this subdivision, may:
34.7 	(1) purchase real or personal property under an installment contract or may lease 
34.8 	real or personal property with an option to purchase under a lease purchase agreement, by 
34.9 	which installment contract or lease purchase agreement title is kept by the seller or vendor 
34.10 	or assigned to a third party as security for the purchase price, including interest, if any; and
34.11 	(2) annually levy the amounts necessary to pay the district's obligations under the 
34.12 	installment contract or lease purchase agreement.
34.13 	(b) The obligation created by the installment contract or the lease purchase 
34.14 	agreement must not be included in the calculation of net debt for purposes of section 
34.15 	475.53, and does not constitute debt under other law. An election is not required in 
34.16 	connection with the execution of the installment contract or the lease purchase agreement.  
34.17 	(c) The proceeds of the levy authorized by this subdivision must not be used to 
34.18 	acquire a facility to be primarily used for athletic or school administration purposes.
34.19 	(d) For the purposes of this subdivision, "district" means:
34.20 	(1) a racially isolated school district or a school district with a racially identifiable 
34.21 	school required to have a comprehensive desegregation or integration plan for the 
34.22 	elimination of segregationunder Minnesota Rules, parts 3535.0100 to 3535.0180, which 
34.23 	is eligible for revenue under section 124D.86, subdivision 3, clause (1), (2), or (3), 
34.24 	and whose plan has been determined by the commissioner to be in compliance with 
34.25 	Department of Education rules relating to equality of educational opportunity and school 
34.26 	desegregation and, for a district eligible for revenue under section 124D.86, subdivision 3, 
34.27 	clause (4) or (5), where the acquisition of property under this subdivision is determined by 
34.28 	the commissioner to contribute to the implementation of the desegregation plan; or  
34.29 	(2) a school district that participates in a joint program for interdistrict desegregation 
34.30 	with a district defined in clause (1) if the facility acquired under this subdivision is to 
34.31 	be primarily used for the joint program and the commissioner determines that the joint 
34.32 	programs are being undertaken to implement the districts' desegregation plan.
34.33 	(e) Notwithstanding subdivision 1, the prohibition against a levy by a district to lease 
34.34 	or rent a district-owned building to itself does not apply to levies otherwise authorized 
34.35 	by this subdivision.
35.1 	(f) For the purposes of this subdivision, any references in subdivision 1 to building 
35.2 	or land shall include personal property.

35.3 	Sec. 39. [127A.70] MINNESOTA P-20 EDUCATION PARTNERSHIP.
35.4 		Subdivision 1.Establishment; membership. A P-20 education partnership is 
35.5 	established to create a seamless system of education that maximizes achievements of 
35.6 	all students, from early childhood through elementary, secondary, and postsecondary 
35.7 	education, while promoting the efficient use of financial and human resources. The 
35.8 	partnership shall consist of major statewide educational groups or constituencies or 
35.9 	noneducational statewide organizations with a stated interest in P-20 education. The initial 
35.10 	membership of the partnership includes the members serving on the Minnesota P-16 
35.11 	Education Partnership and four legislators appointed as follows:
35.12 	(1) one senator from the majority party and one senator from the minority party, 
35.13 	appointed by the Subcommittee on Committees of the Committee on Rules and 
35.14 	Administration; and
35.15 	(2) one member of the house of representatives appointed by the speaker of the 
35.16 	house and one member appointed by the minority leader of the house of representatives.
35.17 	The chair of the P-16 education partnership must convene the first meeting of the 
35.18 	P-20 partnership. Prospective members may be nominated by any partnership member and 
35.19 	new members will be added with the approval of a two-thirds majority of the partnership. 
35.20 	The partnership will also seek input from nonmember organizations whose expertise can 
35.21 	help inform the partnership's work.
35.22 	Partnership members shall be represented by the chief executives, presidents, or 
35.23 	other formally designated leaders of their respective organizations, or their designees. The 
35.24 	partnership shall meet at least three times during each calendar year.
35.25 		Subd. 2.Powers and duties; report. The partnership shall develop 
35.26 	recommendations to the governor and the legislature designed to maximize the 
35.27 	achievement of all P-20 students while promoting the efficient use of state resources, 
35.28 	thereby helping the state realize the maximum value for its investment. These 
35.29 	recommendations may include, but are not limited to, strategies, policies, or other actions 
35.30 	focused on:
35.31 	(1) improving the quality of and access to education at all points from preschool 
35.32 	through the graduate education; 
35.33 	(2) improving preparation for, and transitions to, postsecondary education and 
35.34 	work; and 
36.1 	(3) ensuring educator quality by creating rigorous standards for teacher recruitment, 
36.2 	teacher preparation, induction and mentoring of beginning teachers, and continuous 
36.3 	professional development for career teachers. 
36.4 	By January 15 of each year, the partnership shall submit a report to the governor 
36.5 	and to the chairs and ranking minority members of the legislative committees and 
36.6 	divisions with jurisdiction over P-20 education policy and finance that summarizes the 
36.7 	partnership's progress in meeting its goals and identifies the need for any draft legislation 
36.8 	when necessary to further the goals of the partnership to maximize student achievement 
36.9 	while promoting efficient use of resources. 
36.10 		Subd. 3.Expiration. Notwithstanding section 15.059, subdivision 5, the partnership 
36.11 	is permanent and does not expire.

36.12 	Sec. 40. Minnesota Statutes 2008, section 260C.007, subdivision 19, is amended to 
36.13 	read:
36.14 		Subd. 19.Habitual truant. "Habitual truant" means a child under the age of 16
36.15 	18 years who is absent from attendance at school without lawful excuse for seven school 
36.16 	days per school year if the child is in elementary school or for one or more class periods 
36.17 	on seven school days per school year if the child is in middle school, junior high school, 
36.18 	or high school, or a child who is 16 or 17 years of age who is absent from attendance at 
36.19 	school without lawful excuse for one or more class periods on seven school days and who 
36.20 	has not lawfully withdrawn from school under section 120A.22, subdivision 8. 

36.21 	EFFECTIVE DATE. This section is effective for the 2011-2012 school year and 
36.22 	later.

36.23 	Sec. 41. Minnesota Statutes 2008, section 299F.30, subdivision 1, is amended to read:
36.24 		Subdivision 1.Duties of fire marshal. Consistent with sections 121A.035, 
36.25 	121A.037, and this section, it shall be the duty of the state fire marshal, deputies and 
36.26 	assistants, to require public and private schools and educational institutions to have at 
36.27 	least five fire drills each school year, to expect students to be present and participate 
36.28 	in these drills, and to keep all doors and exits unlocked from the inside of the building 
36.29 	during school hours.

36.30 	EFFECTIVE DATE. This section is effective for the 2009-2010 school year and 
36.31 	later.

37.1 	Sec. 42. SCHOOL DISTRICT PLANS TO IMPROVE STUDENTS' ACADEMIC 
37.2 	ACHIEVEMENT.
 37.3 		Subdivision 1.District academic achievement plan; priorities. (a) A school 
37.4 	district experiencing disparities in academic achievement among groups of students 
37.5 	defined by race, ethnicity, and income is encouraged to develop a plan encompassing 
37.6 	one through four years to significantly improve students' academic achievement and use 
37.7 	research-based practices to eliminate differences in academic performance. The plan must:
37.8 	(1) reflect a research-based understanding of high-performing educational systems 
37.9 	and best educational practices;
37.10 	(2) include innovative and practical strategies and programs, whether existing or 
37.11 	new, that supplement district initiatives to increase students' academic achievement under 
37.12 	state and federal educational accountability requirements; and
37.13 	(3) contain valid and reliable measures of student achievement that the district uses 
37.14 	to demonstrate the efficacy of the district plan to the commissioner of education.
37.15 	(b) A district must address the elements under section 43, paragraph (a), to the 
37.16 	extent those elements are implicated in the district's plan.
37.17 	(c) A district must identify in its plan the strategies and programs the district has 
37.18 	implemented and found effective in improving students' academic achievement.
37.19 	(d) The district must include with the plan the amount of expenditures necessary 
37.20 	to implement the plan. The district must indicate how current resources are used to 
37.21 	implement the plan, including, but not limited to, state-limited English proficiency aid 
37.22 	under Minnesota Statutes, section 124D.65; integration revenue under Minnesota Statutes, 
37.23 	section 124D.86; early childhood family education revenue under Minnesota Statutes, 
37.24 	section 124D.135; school readiness aid under Minnesota Statutes, section 124D.16; basic 
37.25 	skills revenue under Minnesota Statutes, section 126C.10, subdivision 4; extended time 
37.26 	revenue under Minnesota Statutes, section 126C.10, subdivision 2a; and alternative 
37.27 	compensation revenue under Minnesota Statutes, section 122A.415.
37.28 		Subd. 2.Plan. (a) A school district by October 1, 2009, must submit its plan in 
37.29 	electronic format to the commissioner of education, consistent with subdivision 1.
37.30 	(b) The commissioner of education must analyze the commonalities and differences 
37.31 	of the district plans and the effective strategies and programs districts have implemented 
37.32 	to improve students' academic achievement, and submit the analysis and supporting data 
37.33 	to the advisory task force on improving students' academic achievement under section 
37.34 	49 by November 1, 2009, and also report the substance of the analyses to the education 
37.35 	policy and finance committees of the legislature by February 15, 2010.

37.36 	EFFECTIVE DATE. This section is effective the day following final enactment.

38.1 	Sec. 43. ADVISORY TASK FORCE ON IMPROVING STUDENTS' 
38.2 	ACADEMIC ACHIEVEMENT.
 38.3 	(a) An advisory task force on improving students' academic achievement is 
38.4 	established to review the plans submitted to the commissioner of education under section 
38.5 	42 and recommend to the education committees of the legislature a proposal for improving 
38.6 	students' academic achievement and eliminating differences in academic performance 
38.7 	among groups of students defined by race, ethnicity, and income. The task force members 
38.8 	must at least consider how the following education-related issues impact the educational 
38.9 	achievement of low-income students and students of color:
38.10 	(1) rigorous preparation and coursework and how to (i) effectively invest in early 
38.11 	childhood and parent education, (ii) increase academic rigor and high expectations on 
38.12 	elementary and secondary students in schools serving a majority of low-income students 
38.13 	and students of color, and (iii) provide parents, educators, and community members with 
38.14 	meaningful opportunities to collaborate in educating students in schools serving a majority 
38.15 	of low-income students and students of color;
38.16 	(2) professional development for educators and how to (i) provide stronger financial 
38.17 	and professional incentives to attract and retain experienced, bilingual, and culturally 
38.18 	competent teachers and administrators in schools serving a majority of low-income 
38.19 	students and students of color, (ii) recruit and retain teachers of color, and (iii) develop and 
38.20 	include cultural sensitivity and interpersonal and pedagogical skills training that teachers 
38.21 	need for effective intercultural teaching;
38.22 	(3) English language learners and how to (i) use well-designed tests, curricula, 
38.23 	and English as a second language programs and services as diagnostic tools to develop 
38.24 	effective student interventions, (ii) monitor students' language capabilities, (iii) provide 
38.25 	academic instruction in English that supports students' learning and is appropriate 
38.26 	for students' level of language proficiency, and (iv) incorporate the perspectives and 
38.27 	contributions of ethnic and racial groups, consistent with Minnesota Statutes, section 
38.28 	120B.022, subdivision 1, paragraph (b);
38.29 	(4) special education and how to (i) incorporate linguistic and cultural sensitivity 
38.30 	into special education diagnosis and referral, (ii) increase the frequency and quality 
38.31 	of prereferral interventions, and (iii) decrease the number of minority and nonnative 
38.32 	English-speaking students inappropriately placed in special education;
38.33 	(5) GRAD tests and how to (i) incorporate linguistic and cultural sensitivity into the 
38.34 	reading and math GRAD tests, and (ii) develop interventions to meet students' learning 
38.35 	needs; and
39.1 	(6) valid and reliable data and how to use data on student on-time graduation rates, 
39.2 	student dropout rates, documented disciplinary actions, and completed and rigorous course 
39.3 	work indicators to determine how well prepared low-income students and students of 
39.4 	color are for postsecondary academic and career opportunities.
39.5 	The task force also must examine the findings of a 2008 report by Minnesota school 
39.6 	superintendents on strategies for creating a world-class educational system to establish 
39.7 	priorities for improving students' academic achievement. The task force may consider 
39.8 	other related matters at its discretion.
39.9 	(b) The commissioner of education must convene the first meeting of the advisory 
39.10 	task force on improving students' academic achievement by September 1, 2009. The task 
39.11 	force members must adopt internal procedures and standards for subsequent meetings. 
39.12 	The task force is composed of the following members:
39.13 	(1) a representative from a Twin Cities metropolitan area school district, a suburban 
39.14 	school district, a school district located in a regional center, and a rural school district, all 
39.15 	four representatives appointed by the state demographer based on identified concentrations 
39.16 	of low-performing, low-income students and students of color;
39.17 	(2) a faculty member of a teacher preparation program at the University of 
39.18 	Minnesota's College of Education and Human Development, appointed by the college 
39.19 	dean or the dean's designee;
39.20 	(3) a faculty member from the urban teachers program at Metropolitan State 
39.21 	University appointed by the university president or the president's designee;
39.22 	(4) a faculty member from a Minnesota State Colleges and Universities teacher 
39.23 	preparation program located outside the Twin Cities metropolitan area, appointed by 
39.24 	the chancellor or the chancellor's designee;
39.25 	(5) a classroom teacher appointed by Education Minnesota;
39.26 	(6) an expert in early childhood care and education appointed by a state early 
39.27 	childhood organization;
39.28 	(7) a member from each state council representing a community of color, appointed 
39.29 	by the respective council;
39.30 	(8) a curriculum specialist with expertise in providing language instruction for 
39.31 	nonnative English speakers, appointed by a state curriculum organization;
39.32 	(9) a special education teacher, appointed by a state organization of special education 
39.33 	educators;
39.34 	(10) a parent of color, appointed by a state parent-teacher organization;
39.35 	(11) a district testing director appointed by a recognized Minnesota assessment 
39.36 	group composed of assessment and evaluation directors and staff and researchers; and
40.1 	(12) a Department of Education staff person with expertise in school desegregation 
40.2 	matters appointed by the commissioner of education or the commissioner's designee.
40.3 	A majority of task force members, at their discretion, may invite other representatives 
40.4 	of interested public or nonpublic organizations, Minnesota's communities of color, and 
40.5 	stakeholders in local and state educational equity to become task force members. The 
40.6 	department must make every effort to ensure that a majority of task force members are 
40.7 	persons of color.
40.8 	(c) Members of the task force serve without compensation. By February 15, 
40.9 	2010, the task force must submit a written proposal to the education policy and finance 
40.10 	committees of the legislature on how to significantly improve students' academic 
40.11 	achievement.
40.12 	(d) The advisory task force expires on February 16, 2010.

40.13 	EFFECTIVE DATE. This section is effective the day following final enactment.

40.14 	Sec. 44. ADVISORY TASK FORCE; INTEGRATING SECONDARY AND 
40.15 	POSTSECONDARY ACADEMIC AND CAREER EDUCATION.
 40.16 	(a) An advisory task force on improving teacher quality and identifying institutional 
40.17 	structures and strategies for effectively integrating secondary and postsecondary academic 
40.18 	and career education is established to consider and recommend to the education policy and 
40.19 	finance committees of the legislature proposals on how to:
40.20 	(1) foster classroom teachers' interest and ability to acquire a master's degree in the 
40.21 	teachers' substantive fields of licensure; and
40.22 	(2) meet all elementary and secondary students' needs for adequate education 
40.23 	planning and preparation and improve all students' ability to acquire the knowledge and 
40.24 	skills needed for postsecondary academic and career education.
40.25 	(b) The commissioner of education, or the commissioner's designee, shall appoint 
40.26 	an advisory task force that is composed of a representative from each of the following 
40.27 	entities: Education Minnesota, the University of Minnesota, the Department of 
40.28 	Education, the Board of Teaching, the Minnesota Private College Council, the Office of 
40.29 	Higher Education, the Minnesota Career College Association, the Minnesota PTA, the 
40.30 	Minnesota Chamber of Commerce, the Minnesota Business Partnership, the Department 
40.31 	of Employment and Economic Development, the Minnesota Association of Career and 
40.32 	Technical Administrators, the Minnesota Association of Career and Technical Educators, 
40.33 	the Minnesota State Colleges and Universities, and other representatives of other 
40.34 	entities recommended by task force members. Members of the task force serve without 
40.35 	compensation of any kind for any purpose. By February 15, 2010, the task force must 
41.1 	submit written recommendations to the education policy and finance committees of the 
41.2 	legislature on improving teacher quality and identifying the institutional structures and 
41.3 	strategies for effectively integrating secondary and postsecondary academic and career 
41.4 	education, consistent with this section.
41.5 	(c) Upon request, the commissioner of education must provide the task force with 
41.6 	technical, fiscal, and other support services.
41.7 	(d) The advisory task force expires February 16, 2010.

41.8 	EFFECTIVE DATE. This section is effective the day following final enactment.

41.9 	Sec. 45. REVIVAL AND REENACTMENT.
 41.10 	Minnesota Statutes, section 124D.10, subdivision 2a, is revived and reenacted 
41.11 	effective retroactively and without interruption from June 30, 2007.

41.12 	Sec. 46.  REPEALER.
 41.13 	Minnesota Statutes 2008, section 120A.22, subdivision 8, is repealed effective 
41.14 	for the 2011-2012 school year and later.

41.15 	ARTICLE 3
41.16 	SPECIAL PROGRAMS

41.17 	Section 1. Minnesota Statutes 2008, section 124D.60, subdivision 1, is amended to 
41.18 	read:
41.19 		Subdivision 1.Notice. Within ten 30 days after the enrollment of any pupil in an 
41.20 	instructional program for limited English proficient students, the district in which the pupil 
41.21 	resides must notify the parent by mail. This notice must:
41.22 	(1) be in writing in English and in the primary language of the pupil's parents;
41.23 	(2) inform the parents that their child has been enrolled in an instructional program 
41.24 	for limited English proficient students;
41.25 	(3) contain a simple, nontechnical description of the purposes, method and content 
41.26 	of the program;
41.27 	(4) inform the parents that they have the right to visit the educational program for 
41.28 	limited English proficient students in which their child is enrolled;
41.29 	(5) inform the parents of the time and manner in which to request and receive a 
41.30 	conference for the purpose of explaining the nature and purpose of the program; and
41.31 	(6) inform the parents of their rights to withdraw their child from an educational 
41.32 	program for limited English proficient students and the time and manner in which to do so.
42.1 	The department shall, at the request of the district, prepare the notice in the primary 
42.2 	language of the parent.

42.3 	Sec. 2. Minnesota Statutes 2008, section 125A.14, is amended to read:
42.4 	125A.14 EXTENDED SCHOOL YEAR.
42.5 	A district may provide extended school year services for children with a disability 
42.6 	living within the district and nonresident children temporarily placed in the district 
42.7 	pursuant to section 125A.15or 125A.16. Prior to March 31 or 30 days after the child with 
42.8 	a disability is placed in the district, whichever is later, the providing district shall give 
42.9 	notice to the district of residence of any nonresident children temporarily placed in the 
42.10 	district pursuant to section 125A.15or 125A.16, of its intention to provide these programs. 
42.11 	Notwithstanding any contrary provisions in sections 125A.15and 125A.16, the district 
42.12 	providing the special instruction and services must apply for special education aid for the 
42.13 	extended school year services. The unreimbursed actual cost of providing the program 
42.14 	for nonresident children with a disability, including the cost of board and lodging, may 
42.15 	be billed to the district of the child's residence and must be paid by the resident district. 
42.16 	Transportation costs must be paid by the district responsible for providing transportation 
42.17 	pursuant to section 125A.15or 125A.16 and transportation aid must be paid to that district. 

42.18 	Sec. 3. Minnesota Statutes 2008, section 125A.15, is amended to read:
42.19 	125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
42.20 	The responsibility for special instruction and services for a child with a disability 
42.21 	temporarily placed in another district for care and treatment shall be determined in the 
42.22 	following manner:
42.23 	(a) The district of residence of a child shall be the district in which the child's parent 
42.24 	resides, if living, or the child's guardian, or the district designated by the commissioner if 
42.25 	neither parent nor guardian is living within the state.
42.26 	(b) If a district other than the resident district places a pupil for care and treatment, 
42.27 	the district placing the pupil must notify and give the resident district an opportunity to 
42.28 	participate in the placement decision. When an immediate emergency placement of a 
42.29 	pupil is necessary and time constraints foreclose a resident district from participating in 
42.30 	the emergency placement decision, the district in which the pupil is temporarily placed 
42.31 	must notify the resident district of the emergency placement within 15 days. The resident 
42.32 	district has up to five business days after receiving notice of the emergency placement 
42.33 	to request an opportunity to participate in the placement decision, which the placing 
42.34 	district must then provide.
43.1 	(c) When a child is temporarily placed for care and treatment in a day program 
43.2 	located in another district and the child continues to live within the district of residence 
43.3 	during the care and treatment, the district of residence is responsible for providing 
43.4 	transportation to and from the care and treatment facilityprogram and an appropriate 
43.5 	educational program for the child. The resident district may establish reasonable 
43.6 	restrictions on transportation, except if a Minnesota court or agency orders the child 
43.7 	placed at a day care and treatment program and the resident district receives a copy of 
43.8 	the order, then the resident district must provide transportation to and from the program 
43.9 	unless the court or agency orders otherwise. Transportation shall only be provided by the 
43.10 	resident district during regular operating hours of the resident district. The resident district 
43.11 	may provide the educational program at a school within the district of residence, at the 
43.12 	child's residence, or in the district in which the day treatment center is located by paying 
43.13 	tuition to that district.
43.14 	(c) (d) When a child is temporarily placed in a residential program for care and 
43.15 	treatment, the nonresident district in which the child is placed is responsible for providing 
43.16 	an appropriate educational program for the child and necessary transportation while the 
43.17 	child is attending the educational program; and must bill the district of the child's residence 
43.18 	for the actual cost of providing the program, as outlined in section 125A.11, except as 
43.19 	provided in paragraph (d) (e). However, the board, lodging, and treatment costs incurred 
43.20 	in behalf of a child with a disability placed outside of the school district of residence by 
43.21 	the commissioner of human services or the commissioner of corrections or their agents, 
43.22 	for reasons other than providing for the child's special educational needs must not become 
43.23 	the responsibility of either the district providing the instruction or the district of the child's 
43.24 	residence. For the purposes of this section, the state correctional facilities operated on a 
43.25 	fee-for-service basis are considered to be residential programs for care and treatment.  
43.26 	(d) (e) A privately owned and operated residential facility may enter into a contract 
43.27 	to obtain appropriate educational programs for special education children and services 
43.28 	with a joint powers entity. The entity with which the private facility contracts for special 
43.29 	education services shall be the district responsible for providing students placed in that 
43.30 	facility an appropriate educational program in place of the district in which the facility is 
43.31 	located. If a privately owned and operated residential facility does not enter into a contract 
43.32 	under this paragraph, then paragraph (c) (d) applies.
43.33 	(e) (f) The district of residence shall pay tuition and other program costs, not 
43.34 	including transportation costs, to the district providing the instruction and services. 
43.35 	The district of residence may claim general education aid for the child as provided by 
44.1 	law. Transportation costs must be paid by the district responsible for providing the 
44.2 	transportation and the state must pay transportation aid to that district.

44.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

44.4 	Sec. 4. Minnesota Statutes 2008, section 125A.51, is amended to read:
44.5 	125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES; 
44.6 	EDUCATION AND TRANSPORTATION.
44.7 	The responsibility for providing instruction and transportation for a pupil without a 
44.8 	disability who has a short-term or temporary physical or emotional illness or disability, as 
44.9 	determined by the standards of the commissioner, and who is temporarily placed for care 
44.10 	and treatment for that illness or disability, must be determined as provided in this section.
44.11 	(a) The school district of residence of the pupil is the district in which the pupil's 
44.12 	parent or guardian resides.
44.13 	(b) When parental rights have been terminated by court order, the legal residence 
44.14 	of a child placed in a residential or foster facility for care and treatment is the district in 
44.15 	which the child resides.
44.16 	(c) Before the placement of a pupil for care and treatment, the district of residence 
44.17 	must be notified and provided an opportunity to participate in the placement decision. 
44.18 	When an immediate emergency placement is necessary and time does not permit 
44.19 	resident district participation in the placement decision, the district in which the pupil is 
44.20 	temporarily placed, if different from the district of residence, must notify the district 
44.21 	of residence of the emergency placement within 15 days of the placement. When a 
44.22 	nonresident district makes an emergency placement without first consulting with the 
44.23 	resident district, the resident district has up to five business days after receiving notice 
44.24 	of the emergency placement to request an opportunity to participate in the placement 
44.25 	decision, which the placing district must then provide. 
44.26 	(d) When a pupil without a disability is temporarily placed for care and treatment 
44.27 	in a day program and the pupil continues to live within the district of residence during 
44.28 	the care and treatment, the district of residence must provide instruction and necessary 
44.29 	transportation to and from the care and treatment facilityprogram for the pupil. The 
44.30 	resident district may establish reasonable restrictions on transportation, except if a 
44.31 	Minnesota court or agency orders the child placed at a day care and treatment program 
44.32 	and the resident district receives a copy of the order, then the resident district must provide 
44.33 	transportation to and from the program unless the court or agency orders otherwise. 
44.34 	Transportation shall only be provided by the resident district during regular operating 
45.1 	hours of the resident district. The resident district may provide the instruction at a school 
45.2 	within the district of residence, at the pupil's residence, or in the case of a placement 
45.3 	outside of the resident district, in the district in which the day treatment program is located 
45.4 	by paying tuition to that district. The district of placement may contract with a facility to 
45.5 	provide instruction by teachers licensed by the state Board of Teaching.
45.6 	(e) When a pupil without a disability is temporarily placed in a residential program 
45.7 	for care and treatment, the district in which the pupil is placed must provide instruction 
45.8 	for the pupil and necessary transportation while the pupil is receiving instruction, and in 
45.9 	the case of a placement outside of the district of residence, the nonresident district must 
45.10 	bill the district of residence for the actual cost of providing the instruction for the regular 
45.11 	school year and for summer school, excluding transportation costs.
45.12 	(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or 
45.13 	private homeless shelter, then the district that enrolls the pupil under section 127A.47, 
45.14 	subdivision 2, shall provide the transportation, unless the district that enrolls the pupil 
45.15 	and the district in which the pupil is temporarily placed agree that the district in which 
45.16 	the pupil is temporarily placed shall provide transportation. When a pupil without a 
45.17 	disability is temporarily placed in a residential program outside the district of residence, 
45.18 	the administrator of the court placing the pupil must send timely written notice of the 
45.19 	placement to the district of residence. The district of placement may contract with a 
45.20 	residential facility to provide instruction by teachers licensed by the state Board of 
45.21 	Teaching. For purposes of this section, the state correctional facilities operated on a 
45.22 	fee-for-service basis are considered to be residential programs for care and treatment.
45.23 	(g) The district of residence must include the pupil in its residence count of pupil 
45.24 	units and pay tuition as provided in section 123A.488 to the district providing the 
45.25 	instruction. Transportation costs must be paid by the district providing the transportation 
45.26 	and the state must pay transportation aid to that district. For purposes of computing state 
45.27 	transportation aid, pupils governed by this subdivision must be included in the disabled 
45.28 	transportation category if the pupils cannot be transported on a regular school bus route 
45.29 	without special accommodations.

45.30 	EFFECTIVE DATE. This section is effective the day following final enactment.

45.31 	Sec. 5. Minnesota Statutes 2008, section 125A.744, subdivision 3, is amended to read:
45.32 		Subd. 3.Implementation. Consistent with section 256B.0625, subdivision 26, 
45.33 	school districts may enroll as medical assistance providers or subcontractors and bill 
45.34 	the Department of Human Services under the medical assistance fee for service claims 
45.35 	processing system for special education services which are covered services under chapter 
46.1 	256B, which are provided in the school setting for a medical assistance recipient, and for 
46.2 	whom the district has secured informed consent consistent with section 13.05, subdivision 
46.3 	4, paragraph (d), and section 256B.77, subdivision 2, paragraph (p), to bill for each type 
46.4 	of covered service. School districts shall be reimbursed by the commissioner of human 
46.5 	services for the federal share of individual education plan health-related services that 
46.6 	qualify for reimbursement by medical assistance, minus up to five percent retained by the 
46.7 	commissioner of human services for administrative costs, not to exceed $350,000 per 
46.8 	fiscal year. The commissioner may withhold up to five percent of each payment to a 
46.9 	school district. Following the end of each fiscal year, the commissioner shall settle up with 
46.10 	each school district in order to ensure that collections from each district for departmental 
46.11 	administrative costs are made on a pro rata basis according to federal earnings for these 
46.12 	services in each district. A school district is not eligible to enroll as a home care provider 
46.13 	or a personal care provider organization for purposes of billing home care services under 
46.14 	sections 256B.0651 and 256B.0653 to 256B.0656 until the commissioner of human 
46.15 	services issues a bulletin instructing county public health nurses on how to assess for the 
46.16 	needs of eligible recipients during school hours. To use private duty nursing services or 
46.17 	personal care services at school, the recipient or responsible party must provide written 
46.18 	authorization in the care plan identifying the chosen provider and the daily amount 
46.19 	of services to be used at school.

46.20 	Sec. 6.  REPEALER.
 46.21 	Minnesota Statutes 2008, sections 121A.67; 125A.16; 125A.19; 125A.20; and 
46.22 	125A.57, and Laws 2008, chapter 263, article 3, section 16, are repealed.

46.23 	EFFECTIVE DATE. This section is effective the day following final enactment.

46.24 	ARTICLE 4
46.25 	LIBRARIES

46.26 	Section 1. Minnesota Statutes 2008, section 134.31, subdivision 4a, is amended to read:
46.27 		Subd. 4a.Services to the blind and physically handicapped. The Minnesota 
46.28 	Department of Education shall provide specialized services to the blind and physically 
46.29 	handicapped through the Minnesota Braille and Talking Book Library for the Blind and 
46.30 	Physically Handicapped under a cooperative plan with the National Library Services for 
46.31 	the Blind and Physically Handicapped of the Library of Congress.

47.1 	Sec. 2. Minnesota Statutes 2008, section 134.31, is amended by adding a subdivision 
47.2 	to read:
47.3 		Subd. 7.Telephone or electronic meetings. (a) Notwithstanding section 13D.01, 
47.4 	the Advisory Committee for the Minnesota Braille and Talking Book Library may conduct 
47.5 	a meeting of its members by telephone or other electronic means so long as the following 
47.6 	conditions are met:
47.7 	(1) all members of the committee participating in the meeting, wherever their 
47.8 	physical locations, can hear one another and can hear all discussion and testimony;
47.9 	(2) members of the public present at the regular meeting location of the committee 
47.10 	can hear all discussion, testimony, and votes of the members of the committee;
47.11 	(3) at least one member of the committee is physically present at the regular meeting 
47.12 	location; and
47.13 	(4) all votes are conducted by roll call, so each member's votes on each issue can be 
47.14 	identified and recorded.
47.15 	(b) Each member of the committee participating in a meeting by telephone or other 
47.16 	electronic means is considered present at the meeting for purposes of determining quorum 
47.17 	and participating in all proceedings.
47.18 	(c) If telephone or other electronic means is used to conduct a meeting, to the extent 
47.19 	practical, the committee shall allow a person to monitor the meeting electronically from a 
47.20 	remote location. The committee may require the person making the connection to pay 
47.21 	for the documented marginal costs that the committee incurs as a result of the additional 
47.22 	connection.
47.23 	(d) If telephone or other electronic means is used to conduct a regular, special, or 
47.24 	emergency meeting, the committee shall provide notice of the regular meeting location, 
47.25 	the fact that some members may participate by telephone or other electronic means, and 
47.26 	the provisions of paragraph (c). The timing and method of providing notice is governed 
47.27 	by section 13D.04.

47.28 	ARTICLE 5
47.29 	STATE AGENCIES

47.30 	Section 1. [124D.805] COMMITTEE ON AMERICAN INDIAN EDUCATION 
47.31 	PROGRAMS.
47.32 		Subdivision 1.Establishment. The commissioner of education shall create an 
47.33 	American Indian education committee. The commissioner must appoint the members 
47.34 	of the committee. Members must include representatives of tribal bodies, community 
47.35 	groups, parents of children eligible to be served by the programs, American Indian 
48.1 	administrators and teachers, persons experienced in the training of teachers for American 
48.2 	Indian education programs, persons involved in programs for American Indian children 
48.3 	in American Indian schools, and persons knowledgeable in the field of American Indian 
48.4 	education. Appointed members shall be representative of significant segments of the 
48.5 	population of American Indians.
48.6 		Subd. 2.Committee to advise commissioner. The committee on American 
48.7 	Indian education programs shall advise the commissioner in the administration of the 
48.8 	commissioner's duties under sections 124D.71 to 124D.82 and other programs for the 
48.9 	education of American Indian people as determined by the commissioner.
48.10 		Subd. 3.Expenses. The committee members must not be reimbursed for expenses. 
48.11 	The commissioner must determine the membership terms and the duration of the 
48.12 	committee, which expire no later than June 30, 2020.

48.13 	ARTICLE 6
48.14 	SELF-SUFFICIENCY AND LIFELONG LEARNING

48.15 	Section 1. Minnesota Statutes 2008, section 124D.19, subdivision 14, is amended to 
48.16 	read:
48.17 		Subd. 14.Community education; annual report. Each district offering a 
48.18 	community education program under this section must annually complete a program 
48.19 	report to the department information regarding the cost per participant and cost per contact 
48.20 	hour for each community education program, including youth after-school enrichment 
48.21 	programs, that receives aid or levy. The department must include cost per participant and 
48.22 	cost per contact hour information by program in the community education annual report.

48.23 	Sec. 2. Minnesota Statutes 2008, section 124D.522, is amended to read:
48.24 	124D.522 ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE 
48.25 	GRANTS.
48.26 	(a) The commissioner, in consultation with the policy review task force under 
48.27 	section 124D.521, may make grants to nonprofit organizations to provide services that 
48.28 	are not offered by a district adult basic education program or that are supplemental to 
48.29 	either the statewide adult basic education program, or a district's adult basic education 
48.30 	program. The commissioner may make grants for: staff development for adult basic 
48.31 	education teachers and administrators; training for volunteer tutors; training, services, and 
48.32 	materials for serving disabled students through adult basic education programs; statewide 
48.33 	promotion of adult basic education services and programs; development and dissemination 
48.34 	of instructional and administrative technology for adult basic education programs; 
49.1 	programs which primarily serve communities of color; adult basic education distance 
49.2 	learning projects, including television instruction programs; and other supplemental 
49.3 	services to support the mission of adult basic education and innovative delivery of adult 
49.4 	basic education services.  
49.5 	(b) The commissioner must establish eligibility criteria and grant application 
49.6 	procedures. Grants under this section must support services throughout the state, focus on 
49.7 	educational results for adult learners, and promote outcome-based achievement through 
49.8 	adult basic education programs. Beginning in fiscal year 2002, the commissioner may 
49.9 	make grants under this section from the state total adult basic education aid set aside for 
49.10 	supplemental service grants under section 124D.531. Up to one-fourth of the appropriation 
49.11 	for supplemental service grants must be used for grants for adult basic education programs 
49.12 	to encourage and support innovations in adult basic education instruction and service 
49.13 	delivery. A grant to a single organization cannot exceed $100,000 20 percent of the total 
49.14 	supplemental services aid. Nothing in this section prevents an approved adult basic 
49.15 	education program from using state or federal aid to purchase supplemental services.