2006 Minnesota Statutes

CHAPTER 125B. EDUCATION AND TECHNOLOGY

125B.01 DEFINITIONS.
For the purpose of this chapter, the terms defined in section 120A.05 have the same meaning.
History: Ex1959 c 71 art 2 s 1; 1998 c 397 art 11 s 3

125B.02 STATE GOALS FOR TECHNOLOGICAL ADVANCES IN EDUCATION.
The general framework outcomes for technology use in education are:
(1) all Minnesota educational institutions, libraries, and communities will have access to
local, state, and worldwide instructional resources databases;
(2) development of policies and procedures that assure instructional resource availability to
help students successfully achieve education excellence and state standards;
(3) databases are accessible within each district and on the Internet; and
(4) development of policies, procedures, and systems that stimulate and promote teacher and
student curriculum and learning collaboration.
History: 1Sp1995 c 3 art 12 s 2; 1998 c 397 art 1 s 58

125B.022 CONTRACTS FOR COMPUTERS OR RELATED EQUIPMENT OR SERVICE.
(a) The school board of a school district may not enter into a contract or permit a school
within the district to enter into a contract for the use of a computer or related equipment or service
that requires advertising to be disseminated to students unless the school board:
(1) enters into the contract at a public hearing of the school board;
(2) makes a finding that the offered electronic product or service is an integral component of
students' education;
(3) provides written notice to students' parents that advertising will be used in the classroom,
media center, computer lab, or other areas of learning, whether data will be collected on students,
and how that data will be used;
(4) as part of normal, ongoing district communications with parents, allows parents to
request in writing that (i) their student not be exposed to the program that contains the advertising
for the current school year, or that (ii) any or all data relating to the student that is collected as
a result of this contract is not disclosed; and
(5) honors parents' request, under clause (4), that their student not be exposed to the
advertising program or that data relating to the student is not disclosed and allows parents to
withdraw their request at any time.
(b) Advertising under this section does not include:
(1) the identification of the source of the document or information; and
(2) advertising that is generally available to the public viewing a particular site or application
and is not directed specifically to students benefiting from a contract under paragraph (a).
History: 2000 c 489 art 6 s 7

125B.05 STATE INFORMATION SYSTEM.
    Subdivision 1. Information system. The Department of Education shall develop and
maintain a computerized information system for state information needs.
    Subd. 2. Purposes. The purposes of the computerized information system shall be:
(a) To provide comparable and accurate educational information in a manner which is timely
and economical;
(b) To ensure accountability for state appropriations;
(c) To collect data to assess the needs of learners and children;
(d) To provide school districts with an educational information system capability which will
meet school district management needs; and
(e) To provide for computerized analysis of educational information to meet the management
needs of the state of Minnesota.
    Subd. 3. Software development. A school district, charter school, or cooperative unit may
not implement a financial, student, or staff software system until the system has been reviewed by
the department to ensure that it provides the required data elements and format.
History: 1980 c 609 art 7 s 10; 1981 c 193 s 1-3; 1981 c 253 s 24; 1981 c 358 art 5 s 2;
1982 c 424 s 130; 1983 c 258 s 24; 1Sp1985 c 12 art 7 s 9; 1987 c 258 s 12; 1987 c 384 art 2 s 1;
1988 c 486 s 11; 1989 c 329 art 11 s 2-4; 1990 c 562 art 8 s 9,10; 1991 c 265 art 9 s 15-17; 1993
c 224 art 6 s 3; 1994 c 465 art 2 s 1; 1994 c 647 art 6 s 1; 1Sp1995 c 3 art 9 s 9; art 16 s 13;
1998 c 397 art 4 s 51; 1999 c 241 art 5 s 15; 2003 c 130 s 12

125B.07 DEPARTMENT DUTIES.
    Subdivision 1. Data acquisition calendar. The Department of Education shall maintain a
current annual data acquisition calendar specifying the reports which districts are required to
provide to the department and the dates these reports are due.
    Subd. 2. Exemption from chapter 14. The annual data acquisition calendar and the essential
data elements are exempt from the Administrative Procedure Act.
    Subd. 3. Data system. The department shall develop and operate a computerized data
system. The system shall include: (1) information required by federal or state law or rule; and (2)
information needed by the divisions of the department in order to disburse funds, to implement
research or special projects approved by the commissioner, and to meet goals or provide
information required by the commissioner, the governor, the legislature or the federal government.
    Subd. 4. Certification of software vendors. The commissioner shall maintain a list of
certified service providers for administrative data processing software and support. To be certified,
a service provider must provide the commissioner with a written statement identifying software
products and support functions that will be provided to school districts and stating its intent to
meet state standards for software, data elements, edits, and support services. The standards must
ensure the quality of the data reported to the state. The commissioner must conduct regular
training sessions for service providers on the standards. If a service provider fails to meet the
standards, the commissioner must notify the service provider of areas of noncompliance and assist
the service provider in correcting the problem. If the provider fails to comply with standards
within two months of being notified of noncompliance, the commissioner may remove the service
provider from the list of certified providers. The commissioner may recertify a service provider
when the commissioner determines that the areas of noncompliance have been corrected.
    Subd. 5. Information on certified service providers. The commissioner must include the
list of certified service providers in the annual data acquisition calendar. The commissioner
must notify school districts if a service provider is removed from the list and of the areas of
noncompliance.
    Subd. 6. Essential data. The department shall maintain a list of essential data elements
which must be recorded and stored about each pupil, licensed and nonlicensed staff member, and
educational program. Each school district must provide the essential data to the department in the
form and format prescribed by the department.
    Subd. 7. Contracting. The department may provide by contract for the technical support of
and the development of applications software by a regional management information center or
by any other appropriate provider.
History: 1980 c 609 art 7 s 11; 1981 c 253 s 25; 1982 c 424 s 130; 1987 c 398 art 7 s 14,15;
1991 c 265 art 9 s 18-20; 1992 c 499 art 6 s 1,2; 1993 c 224 art 14 s 6; 1Sp1995 c 3 art 9 s 10;
art 16 s 13; 1998 c 397 art 4 s 51; 1998 c 398 art 5 s 55; 2003 c 130 s 12

125B.09 DEPARTMENT POWERS AND DUTIES DELEGATED.
The department may provide, by the delegation of powers and duties or by contract, for the
implementation and technical support of a computerized information reporting system, including
the development of applications software pursuant to section 125B.05, subdivision 3, by any
appropriate provider.
History: 1980 c 609 art 7 s 12; 1987 c 258 s 3; 1990 c 375 s 3; 1991 c 265 art 9 s 21;
1Sp1995 c 3 art 9 s 11; 1998 c 397 art 4 s 51; art 11 s 3

125B.11 [Repealed, 1Sp2003 c 9 art 4 s 32]

125B.15 INTERNET ACCESS FOR STUDENTS.
(a) Recognizing the difference between school libraries, school computer labs, and school
media centers, which serve unique educational purposes, and public libraries, which are designed
for public inquiry, all computers at a school site with access to the Internet available for student
use must be equipped to restrict, including by use of available software filtering technology or
other effective methods, all student access to material that is reasonably believed to be obscene or
child pornography or material harmful to minors under federal or state law.
(b) A school site is not required to purchase filtering technology if the school site would
incur more than incidental expense in making the purchase.
(c) A school district receiving technology revenue under section 125B.25 must prohibit,
including through use of available software filtering technology or other effective methods,
adult access to material that under federal or state law is reasonably believed to be obscene
or child pornography.
(d) A school district, its agents or employees, are immune from liability for failure to
comply with this section if they have made a good faith effort to comply with the requirements
of this section.
(e) "School site" means an education site as defined in section 123B.04, subdivision 1, or
charter school under section 124D.10.
History: 2000 c 489 art 6 s 25

    Subdivision 1.[Repealed, 1Sp1997 c 4 art 9 s 13; 1999 c 241 art 4 s 19]
    Subd. 2.[Repealed, 1Sp1997 c 4 art 9 s 13; 1999 c 241 art 4 s 19]
    Subd. 3.[Repealed, 1Sp1997 c 4 art 9 s 13; 1999 c 241 art 4 s 19; 1Sp2001 c 3 art 4 s 6]
    Subd. 4.[Repealed, 1Sp1997 c 4 art 9 s 13; 1999 c 241 art 4 s 19]
    Subd. 5.[Repealed, 1Sp1997 c 4 art 9 s 13; 1999 c 241 art 4 s 19]

125B.21 MINNESOTA EDUCATION TELECOMMUNICATIONS COUNCIL.
    Subdivision 1. State council membership. The membership of the Minnesota Education
Telecommunications Council established in Laws 1993, First Special Session chapter 2, is
expanded to include representatives of elementary and secondary education. The membership
shall consist of three representatives from the University of Minnesota; three representatives of
the Board of Trustees for Minnesota State Colleges and Universities; one representative of the
Minnesota Office of Higher Education; one representative appointed by the Private College
Council; one representative selected by the commissioner of administration; eight representatives
selected by the commissioner of education, at least one of which must come from each of the
six higher education telecommunication regions; a representative from the Office of Enterprise
Technology; two members each from the senate and the house of representatives selected by the
Subcommittee on Committees of the Committee on Rules and Administration of the senate and
the speaker of the house, one member from each body must be a member of the minority party;
and three representatives of libraries, one representing regional public libraries, one representing
multitype libraries, and one representing community libraries, selected by the governor; and two
members, one selected from and representing the higher education regional coordinators and one
selected from and representing the kindergarten through grade 12 cluster regions. The council
shall serve as a forum to establish and advocate for a statewide vision and plans for the use
of distance learning technologies, including:
(1) the coordination and collaboration of distance learning opportunities;
(2) the implementation of the use of distance learning technologies;
(3) the collaboration of distance learning users;
(4) the implementation of educational policy relating to telecommunications;
(5) the exchange of ideas;
(6) the communications with state government and related agencies and entities;
(7) the coordination of networks for postsecondary campuses, kindergarten through grade 12
education, and regional and community libraries; and
(8) the promotion of consistency of the operation of the learning network with standards of
an open system architecture.
The council expires June 30, 2004.
    Subd. 2.[Repealed by amendment, 1Sp2001 c 6 art 4 s 11]
    Subd. 3.[Repealed by amendment, 1Sp2001 c 6 art 4 s 11]
History: 1Sp1995 c 3 art 12 s 7; 1Sp1997 c 4 art 9 s 12; 1998 c 270 s 4; 1998 c 359 s 20;
1999 c 241 art 4 s 18,28; 2000 c 489 art 10 s 13; 1Sp2001 c 6 art 4 s 11; 1Sp2003 c 23 s 25;
2005 c 107 art 2 s 60; 2005 c 156 art 5 s 23

125B.25 [Expired]

125B.26 TELECOMMUNICATIONS/INTERNET ACCESS EQUITY AID.
    Subdivision 1. Costs to be submitted. (a) A district or charter school shall submit its actual
telecommunications/Internet access costs for the previous fiscal year, adjusted for any e-rate
revenue received, to the department by August 15 of each year as prescribed by the commissioner.
Costs eligible for reimbursement under this program are limited to the following:
(1) ongoing or recurring telecommunications/Internet access costs associated with Internet
access, data lines, and video links providing:
(i) the equivalent of one data line, video link, or integrated data/video link that relies on a
transport medium that operates at a minimum speed of 1.544 megabytes per second (T1) for
each elementary school, middle school, or high school under section 120A.05, subdivisions 9,
11, and 13 , including the recurring telecommunications line lease costs and ongoing Internet
access service fees; or
(ii) the equivalent of one data line or video circuit, or integrated data/video link that relies
on a transport medium that operates at a minimum speed of 1.544 megabytes per second (T1)
for each district, including recurring telecommunications line lease costs and ongoing Internet
access service fees;
(2) recurring costs of contractual or vendor-provided maintenance on the school district's
wide area network to the point of presence at the school building up to the router, codec, or
other service delivery equipment located at the point of presence termination at the school or
school district;
(3) recurring costs of cooperative, shared arrangements for regional delivery of
telecommunications/Internet access between school districts, postsecondary institutions, and
public libraries including network gateways, peering points, regional network infrastructure,
Internet2 access, and network support, maintenance, and coordination; and
(4) service provider installation fees for installation of new telecommunications lines or
increased bandwidth.
(b) Costs not eligible for reimbursement under this program include:
(1) recurring costs of school district staff providing network infrastructure support;
(2) recurring costs associated with voice and standard telephone service;
(3) costs associated with purchase of network hardware, telephones, computers, or other
peripheral equipment needed to deliver telecommunications access to the school or school district;
(4) costs associated with laying fiber for telecommunications access;
(5) costs associated with wiring school or school district buildings;
(6) costs associated with purchase, installation, or purchase and installation of Internet
filtering; and
(7) costs associated with digital content, including online learning or distance learning
programming, and information databases.
    Subd. 2. E-rates. To be eligible for aid under this section, a district or charter school is
required to file an e-rate application either separately or through its telecommunications access
cluster and have a current technology plan on file with the department. Discounts received on
telecommunications expenditures shall be reflected in the costs submitted to the department
for aid under this section.
    Subd. 3. Reimbursement criteria. The commissioner shall develop criteria for approving
costs submitted by organized school districts and charter schools under subdivision 1.
    Subd. 4. District aid. For fiscal year 2006 and later, a district or charter school's Internet
access equity aid equals the district or charter school's approved cost for the previous fiscal year
according to subdivision 1 exceeding $15 times the district's adjusted marginal cost pupil units for
the previous fiscal year or no reduction if the district is part of an organized telecommunications
access cluster. Equity aid must be distributed to the telecommunications access cluster for
districts that are members of the cluster or to individual districts and charter schools not part of a
telecommunications access cluster.
    Subd. 5. Telecommunications/Internet access services for nonpublic schools. (a) Districts
shall provide each year upon formal request by or on behalf of a nonpublic school, not including
home schools, located in that district or area, ongoing or recurring telecommunications access
services to the nonpublic school either through existing district providers or through separate
providers.
(b) The amount of district aid for telecommunications access services for each nonpublic
school under this subdivision equals the lesser of:
(1) 90 percent of the nonpublic school's approved cost for the previous fiscal year according
to subdivision 1 exceeding $10 for fiscal year 2006 and later times the number of weighted pupils
enrolled at the nonpublic school as of October 1 of the previous school year; or
(2) the product of the district's aid per pupil unit according to subdivision 4 times the number
of weighted pupils enrolled at the nonpublic school as of October 1 of the previous school year.
(c) For purposes of this subdivision, nonpublic school pupils shall be weighted by grade
level using the weighting factors defined in section 126C.05, subdivision 1.
(d) Each year, a district providing services under paragraph (a) may claim up to five percent
of the aid determined in paragraph (b) for costs of administering this subdivision. No district may
expend an amount for these telecommunications access services which exceeds the amount
allocated under this subdivision. The nonpublic school is responsible for the Internet access
costs not covered by this section.
(e) At the request of a nonpublic school, districts may allocate the amount determined in
paragraph (b) directly to the nonpublic school to pay for or offset the nonpublic school's costs
for telecommunications access services; however, the amount allocated directly to the nonpublic
school may not exceed the actual amount of the school's ongoing or recurring telecommunications
access costs.
    Subd. 6. Severability. If any portion of this section is found by a court to be unconstitutional,
the remaining portions of the section shall remain in effect.
History: 1Sp2005 c 5 art 4 s 15