2005 Minnesota Statutes

     124D.095 Online learning option. 

    Subdivision 1.    Citation.  This section may be cited 
 as the "Online Learning Option Act." 

    Subd. 2.    Definitions.  For purposes of this section, 
 the following terms have the meanings given them. 

    (a) "Online learning" is an interactive course or program 
 that delivers instruction from a teacher to a student by 
 computer; is combined with other traditional delivery methods 
 that include frequent student assessment and may include actual 
 teacher contact time; and meets or exceeds state academic 
 standards. 

    (b) "Online learning provider" is a school district, an 
 intermediate school district, an organization of two or more 
 school districts operating under a joint powers agreement, or a 
 charter school located in Minnesota that provides online 
 learning to students. 

    (c) "Student" is a Minnesota resident enrolled in a school 
 under section 120A.22, subdivision 4, in kindergarten through 
 grade 12. 

    (d) "Online learning student" is a student enrolled in an 
 online learning course or program delivered by an online 
 provider under paragraph (b). 

    (e) "Enrolling district" means the school district or 
 charter school in which a student is enrolled under section 
 120A.22, subdivision 4, for purposes of compulsory attendance. 

    Subd. 3.    Authorization; notice; limitations on 
 enrollment.  (a) A student may apply to an online learning 
 provider to enroll in online learning.  A student age 17 or 
 younger must have the written consent of a parent or guardian to 
 apply.  No school district or charter school may prohibit a 
 student from applying to enroll in online learning.  An online 
 learning provider that accepts a student under this section 
 must, within ten days, notify the student and the enrolling 
 district if the enrolling district is not the online learning 
 provider.  The notice must report the student's course or 
 program and hours of instruction. 

    (b) An online learning student must notify the enrolling 
 district at least 30 days before taking an online learning 
 course or program if the enrolling district is not providing the 
 online learning.  An online learning provider must notify the 
 commissioner that it is delivering online learning and report 
 the number of online learning students it is accepting and the 
 online learning courses and programs it is delivering.  

    (c) An online learning provider may limit enrollment if the 
 provider's school board or board of directors adopts by 
 resolution specific standards for accepting and rejecting 
 students' applications. 

    (d) An enrolling district may reduce an online learning 
 student's regular classroom instructional membership in 
 proportion to the student's membership in online learning 
 courses. 

    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 must be counted 
 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 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 teacher contact time 
 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 during a single school year in a maximum of 12 
 semester-long courses or their equivalent delivered by an online 
 learning provider or the enrolling district; 

    (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 
 payment of any tuition or course fees.  

    (c) A student with a disability may enroll in an online 
 learning course or program if the student's IEP team determines 
 that online learning is appropriate education for the student. 

    (d) 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. 

    (e) 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.  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 with a Minnesota license. 

    (f) An online learning provider that is not the enrolling 
 district is subject to the reporting requirements and review 
 criteria under subdivision 7.  A teacher with a Minnesota 
 license must assemble and deliver instruction to online learning 
 students.  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 
 with a Minnesota license.  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. 

    Subd. 5.    Participation in extracurricular activities. 
  An online learning student may participate in the 
 extracurricular activities of the enrolling district on the same 
 basis as other enrolled students. 

    Subd. 6.    Information.  School districts and charter 
 schools must make available information about online learning to 
 all interested people. 

    Subd. 7.    Department of Education.  (a) The department 
 must review and certify online learning providers.  The online 
 learning courses and programs must be rigorous, aligned with 
 state academic standards, and contribute to grade progression in 
 a single subject.  Online learning providers must affirm to the 
 commissioner that online learning courses have equivalent 
 standards or instruction, curriculum, and assessment 
 requirements as other courses offered to enrolled students.  The 
 online learning provider must also demonstrate expectations for 
 actual teacher contact time or other student-to-teacher 
 communication.  Once an online learning provider is approved 
 under this paragraph, all of its online learning course 
 offerings are eligible for payment under this section unless a 
 course is successfully challenged by an enrolling district or 
 the department under paragraph (b). 

    (b) An enrolling district may challenge the validity of a 
 course offered by an online learning provider.  The department 
 must review such challenges based on the certification 
 procedures under paragraph (a).  The department may initiate its 
 own review of the validity of an online learning course offered 
 by an online learning provider.  

    (c) The department may collect a fee not to exceed $250 for 
 certifying online learning providers or $50 per course for 
 reviewing a challenge by an enrolling district. 

    (d) The department must develop, publish, and maintain a 
 list of approved online learning providers and online learning 
 courses and programs that it has reviewed and certified. 

    Subd. 8.    Financial arrangements.  (a) For a student 
 enrolled in an online learning course, the department must 
 calculate average daily membership and make payments according 
 to this subdivision. 

    (b) The initial online learning average daily membership 
 equals 1/12 for each semester course or a proportionate amount 
 for courses of different lengths.  The adjusted online learning 
 average daily membership equals the initial online learning 
 average daily membership times .88. 

    (c) No online learning average daily membership shall be 
 generated if:  (1) the student does not complete the online 
 learning course, or (2) the student is enrolled in online 
 learning provided by the enrolling district. 

    (d) Online learning average daily membership under this 
 subdivision for a student currently enrolled in a Minnesota 
 public school shall be used only for computing average daily 
 membership according to section 126C.05, subdivision 19, 
 paragraph (a), clause (ii), and for computing online learning 
 aid according to section 124D.096. 

    Subd. 9. Repealed, 1Sp2005 c 5 art 2 s 85 

    Subd. 10.    Online Learning Advisory Council.  (a) An 
 Online Learning Advisory Council is established under section 
 15.059, except that the term for each council member shall be 
 three years.  The advisory council is composed of 12 members 
 from throughout the state who have demonstrated experience with 
 or interest in online learning.  The members of the council 
 shall be appointed by the commissioner.  The advisory council 
 shall bring to the attention of the commissioner any matters 
 related to online learning and provide input to the department 
 in matters related, but not restricted, to: 

    (1) quality assurance; 

    (2) teacher qualifications; 

    (3) program approval; 

    (4) special education; 

    (5) attendance; 

    (6) program design and requirements; and 

    (7) fair and equal access to programs. 

    (b) The Online Learning Advisory Council under this 
 subdivision expires June 30, 2008. 

    HIST: 1Sp2003 c 9 art 2 s 20; 1Sp2005 c 5 art 2 s 58; art 4 s 
 12-14