SF 1528

as introduced - 87th Legislature (2011 - 2012) Posted on 02/01/2012 04:09pm

A bill for an act
relating to education; modifying online learning parameters; providing for digital
learning; amending Minnesota Statutes 2010, sections 124D.095, subdivision
4; 126C.15, subdivision 1; 179A.07, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 124D.095, subdivision 4, is amended to
read:

Subd. 4.

Online learning parameters.

(a) An online learning student must receive
academic credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student count toward the graduation
and credit requirements of the enrolling district. The enrolling district must apply the
same graduation requirements to all students, including online learning students, and
must continue to provide nonacademic services to online learning students. If a student
completes an online learning course or program that meets or exceeds a graduation
standard or the grade progression requirement at the enrolling district, that standard or
requirement is met. The enrolling district must use the same criteria for accepting online
learning credits or courses as it does for accepting credits or courses for transfer students
under section 124D.03, subdivision 9. The enrolling district may reduce the course
schedule of an online learning student in proportion to the number of online learning
courses the student takes from an online learning provider that is not the enrolling district.

(b) An online learning student may:

(1) enroll in supplemental online learning courses equal to a maximum of 50 percent
of the student's full schedule of courses per term during a single school year and the
student may exceed the supplemental online learning registration limit if the enrolling
district permits supplemental online learning enrollment above the limit, or if the enrolling
district and the online learning provider agree to the instructional services;

(2) complete course work at a grade level that is different from the student's current
grade level; and

(3) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for paying any tuition or course fees.

(c) An online learning student has the same access to the computer hardware and
education software available in a school as all other students in the enrolling district. An
online learning provider must assist an online learning student whose family qualifies
for the education tax credit under section 290.0674 to acquire computer hardware and
educational software for online learning purposes.

(d) An enrolling district may offer online learning to its enrolled students. Such
online learning does not generate online learning funds under this section. An enrolling
district that offers online learning only to its enrolled students is not subject to the
reporting requirements or review criteria under subdivision 7, unless the enrolling district
is a full-time online provider. A teacher with a Minnesota license must assemble and
deliver instruction to enrolled students receiving online learning from an enrolling district.
The delivery of instruction occurs when the student interacts with the computer or the
teacher and receives ongoing assistance and assessment of learning. The instruction may
include curriculum developed by persons other than a teacher holding a Minnesota license.

(e) Both full-time and supplemental online learning providers are subject to the
reporting requirements and review criteria under subdivision 7. A teacher holding a
Minnesota license must assemble and deleted text begin deliver deleted text end new text begin supervise delivery of new text end instruction to online
learning students new text begin but is not required to be physically present during delivery of instruction new text end .
The delivery of instruction occurs when the student interacts with the computer or the
teacher and receives ongoing assistance and assessment of learning. The instruction may
include curriculum developed by persons other than a teacher holding a Minnesota license.
deleted text begin Unless the commissioner grants a waiver, a teacher providing online learning instruction
must not instruct more than 40 students in any one online learning course or program.
deleted text end

(f) To enroll in more than 50 percent of the student's full schedule of courses per term
in online learning, the student must qualify to exceed the supplemental online learning
registration limit under paragraph (b) or apply to enroll in an approved full-time online
learning program, consistent with subdivision 3, paragraph (a). Full-time online learning
students may enroll in classes at a local school under a contract for instructional services
between the online learning provider and the school district.

Sec. 2.

Minnesota Statutes 2010, section 126C.15, subdivision 1, is amended to read:

Subdivision 1.

Use of revenue.

The basic skills revenue under section 126C.10,
subdivision 4, must be reserved and used to meet the educational needs of pupils who
enroll under-prepared to learn and whose progress toward meeting state or local content or
performance standards is below the level that is appropriate for learners of their age. Any
of the following may be provided to meet these learners' needs:

(1) direct instructional services under the assurance of mastery program according
to section 124D.66;

(2) remedial instruction in reading, language arts, mathematics, other content areas,
or study skills to improve the achievement level of these learners;

(3) additional teachers and teacher aides to provide more individualized instruction
to these learners through individual tutoring, lower instructor-to-learner ratios, or team
teaching;

(4) a longer school day or week during the regular school year or through a summer
program that may be offered directly by the site or under a performance-based contract
with a community-based organization;

(5) comprehensive and ongoing staff development consistent with district and site
plans according to section 122A.60, for teachers, teacher aides, principals, and other
personnel to improve their ability to identify the needs of these learners and provide
appropriate remediation, intervention, accommodations, or modifications;

(6) instructional materials new text begin , digital learning, new text end and technology appropriate for meeting
the individual needs of these learners;

(7) programs to reduce truancy, encourage completion of high school, enhance
self-concept, provide health services, provide nutrition services, provide a safe and secure
learning environment, provide coordination for pupils receiving services from other
governmental agencies, provide psychological services to determine the level of social,
emotional, cognitive, and intellectual development, and provide counseling services,
guidance services, and social work services;

(8) bilingual programs, bicultural programs, and programs for learners of limited
English proficiency;

(9) all day kindergarten;

(10) extended school day and extended school year programs; and

(11) substantial parent involvement in developing and implementing remedial
education or intervention plans for a learner, including learning contracts between the
school, the learner, and the parent that establish achievement goals and responsibilities of
the learner and the learner's parent or guardian.

Sec. 3.

Minnesota Statutes 2010, section 179A.07, subdivision 1, is amended to read:

Subdivision 1.

Inherent managerial policy.

A public employer is not required
to meet and negotiate on matters of inherent managerial policy. Matters of inherent
managerial policy include, but are not limited to, such areas of discretion or policy as the
functions and programs of the employer, its overall budget, utilization of technology, the
organizational structure, selection of personnel, and direction and the number of personnel.
new text begin For a school district that is a full-time online learning provider under section 124D.095,
the number of students a teacher may instruct in any one online learning course or program
is a matter of inherent managerial policy. new text end No public employer shall sign an agreement
which limits its right to select persons to serve as supervisory employees or state managers
under section 43A.18, subdivision 3, or requires the use of seniority in their selection.

Sec. 4. new text begin COMMISSIONER OF EDUCATION.
new text end

new text begin The commissioner must redesign the online learning provider approval process and
report to the legislative committees having jurisdiction over kindergarten through grade
12 education by January 15, 2013. The redesigned process must provide for a three-year
approval of providers. Every three years the provider's online learning program must be
reviewed with a focus on student performance.
new text end

Sec. 5. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "online learning" to "digital learning"
wherever the term "online learning" appears in Minnesota Statutes and Minnesota Rules.
new text end