1.1.................... moves to amend H.F. No. 553 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 124D.095, subdivision 3, is amended to
1.4read:
1.5    Subd. 3. Authorization; notice; limitations on enrollment. (a) A student may
1.6apply for full-time enrollment in an approved online learning program under section
1.7124D.03 , 124D.08 or 124D.10, or for supplemental online learning. Notwithstanding
1.8sections 124D.03, 124D.08, and 124D.10, procedures for enrolling in supplemental online
1.9learning shall be as provided in this subdivision. A student age 17 or younger must
1.10have the written consent of a parent or guardian to apply. No school district or charter
1.11school may prohibit a student from applying to enroll in online learning. In order that a
1.12student may enroll in online learning, the student and the student's parents must submit an
1.13application to the online learning provider and identify the reason for enrolling in online
1.14learning. The online learning provider that accepts a student under this section must within
1.15ten days notify the student and the enrolling district in writing if the enrolling district is
1.16not the online learning provider. The student and family must notify the online learning
1.17provider of their intent to enroll in online learning within ten days of acceptance, at which
1.18time the student and parent must sign a statement of assurance that they have reviewed the
1.19online course or program and understand the expectations of online learning enrollment.
1.20The online learning provider must notify the enrolling district of the student's enrollment
1.21application to enroll in online learning in writing on a form provided by the department.
1.22    (b) Supplemental online learning notification to the enrolling district upon student
1.23enrollment in application to the online learning program provider will include the
1.24courses or program, credits to be awarded, and the start date of online enrollment,
1.25and confirmation that the courses will meet the student's graduation plan. An online
1.26learning provider must make available to the enrolling district the course syllabus in a
1.27format established by the commissioner that identifies the state standards met by the
2.1course, content outline, assessment requirements, expectations for actual teacher contact
2.2time, other student-to-teacher communication, and academic support for supplemental
2.3online courses taken by students in the enrolling district. Within 15 days after the
2.4online learning provider makes information in this paragraph available to the enrolling
2.5district, the enrolling district must either confirm or deny to the online provider that
2.6the student, parent or guardian, and enrolling district have agreed the courses meet the
2.7enrolling district's graduation requirements. An online learning course or program that
2.8meets or exceeds a graduation standard or grade progression requirements at the enrolling
2.9district as demonstrated on the online provider's syllabus must be considered to meet the
2.10corresponding graduation requirements of the student in the enrolling district. A student
2.11may enroll in supplemental online learning courses up to the midpoint of the enrolling
2.12district's term. The enrolling district may waive this requirement for special circumstances
2.13and upon acceptance by the online provider.
2.14     (c) An online learning provider must notify the commissioner that it is delivering
2.15online learning and report the number of online learning students it is accepting and the
2.16online learning courses and programs it is delivering.
2.17     (d) An online learning provider may limit enrollment if the provider's school board
2.18or board of directors adopts by resolution specific standards for accepting and rejecting
2.19students' applications.
2.20     (e) An enrolling district may reduce an online learning student's regular classroom
2.21instructional membership in proportion to the student's membership in online learning
2.22courses.
2.23    (f) The online provider must report or make available individual student progress
2.24and credit accumulation to the student, parent or guardian, and enrolling district in a
2.25manner specified by the commissioner unless another manner is agreed upon by the
2.26enrolling district and the online provider and submitted to the commissioner. The enrolling
2.27district must designate a contact person to assist in the facilitation and monitoring of
2.28student progress and credit accumulation towards graduation status.

2.29    Sec. 2. Minnesota Statutes 2008, section 124D.095, subdivision 4, is amended to read:
2.30    Subd. 4. Online learning parameters. (a) An online learning student must receive
2.31academic credit for completing the requirements of an online learning course or program.
2.32Secondary credits granted to an online learning student must be counted toward the
2.33graduation and credit requirements of the enrolling district. An online learning provider
2.34must make available to the enrolling district the course syllabus, standard alignment,
2.35content outline, assessment requirements, and contact information for supplemental online
3.1courses taken by students in the enrolling district. The enrolling district must apply the
3.2same graduation requirements to all students, including online learning students, and
3.3must continue to provide nonacademic services to online learning students. If a student
3.4completes an online learning course or program that meets or exceeds a graduation
3.5standard or grade progression requirement at the enrolling district, that standard or
3.6requirement is met. The enrolling district must use the same criteria for accepting online
3.7learning credits or courses as it does for accepting credits or courses for transfer students
3.8under section 124D.03, subdivision 9. The enrolling district may reduce the course
3.9schedule of an online learning student in proportion to the number of online learning
3.10courses the student takes from an online learning provider that is not the enrolling district.
3.11    (b) An online learning student may:
3.12    (1) enroll in supplemental online learning courses during a single school year to a
3.13maximum of 50 percent of the student's full schedule of courses per term. A student may
3.14exceed the supplemental online learning registration limit if the enrolling district grants
3.15permission for supplemental online learning enrollment above the limit, or if an agreement
3.16is made between the enrolling district and the online learning provider for instructional
3.17services;
3.18    (2) complete course work at a grade level that is different from the student's current
3.19grade level; and
3.20    (3) enroll in additional courses with the online learning provider under a separate
3.21agreement that includes terms for payment of any tuition or course fees.
3.22    (c) An online learning student has the same access to the computer hardware and
3.23education software available in a school as all other students in the enrolling district. An
3.24online learning provider must assist an online learning student whose family qualifies
3.25for the education tax credit under section 290.0674 to acquire computer hardware and
3.26educational software for online learning purposes.
3.27    (d) An enrolling district may offer online learning to its enrolled students. Such
3.28online learning does not generate online learning funds under this section. An enrolling
3.29district that offers online learning only to its enrolled students is not subject to the
3.30reporting requirements or review criteria under subdivision 7, unless the enrolling district
3.31is a full-time online provider. A teacher with a Minnesota license must assemble and
3.32deliver instruction to enrolled students receiving online learning from an enrolling district
3.33. The delivery of instruction occurs when the student interacts with the computer or the
3.34teacher and receives ongoing assistance and assessment of learning. The instruction may
3.35include curriculum developed by persons other than a teacher with a Minnesota license.
4.1    (e) An Both full-time and supplemental online learning provider that is not the
4.2enrolling district is providers are subject to the reporting requirements and review criteria
4.3under subdivision 7. A teacher with a Minnesota license must assemble and deliver
4.4instruction to online learning students. The delivery of instruction occurs when the student
4.5interacts with the computer or the teacher and receives ongoing assistance and assessment
4.6of learning. The instruction may include curriculum developed by persons other than a
4.7teacher with a Minnesota license. Unless the commissioner grants a waiver, a teacher
4.8providing online learning instruction must not instruct more than 40 students in any one
4.9online learning course or program.
4.10    (f) To enroll in more than 50 percent of the student's full schedule of courses per term
4.11in online learning, the student must qualify to exceed the supplemental online learning
4.12registration limit under paragraph (b) or apply for enrollment to an approved full-time
4.13online learning program following appropriate procedures in subdivision 3, paragraph (a).
4.14Full-time online learning students may enroll in classes at a local school per contract for
4.15instructional services between the online learning provider and the school district.

4.16    Sec. 3. Minnesota Statutes 2008, section 124D.095, subdivision 7, is amended to read:
4.17    Subd. 7. Department of Education. (a) The department must review and
4.18certify online learning providers. The online learning courses and programs must be
4.19rigorous, aligned with state academic standards, and contribute to grade progression
4.20in a single subject. Online learning providers must demonstrate to the commissioner
4.21that online learning courses have equivalent standards or instruction, curriculum, and
4.22assessment requirements as other courses offered to enrolled students. The online
4.23learning provider must also demonstrate expectations for actual teacher contact time
4.24or other student-to-teacher communication The online provider must provide written
4.25assurance that all courses meet state academic standards, and that the online learning
4.26curriculum, instruction and assessment, expectations for actual teacher contact time or
4.27other student-to-teacher communication, and academic support meet nationally recognized
4.28professional standards and are demonstrated as such in a syllabus provided according to
4.29the commissioner's requirements. Once an online learning provider is approved under
4.30this paragraph, all of its online learning course offerings are eligible for payment under
4.31this section unless a course is successfully challenged by an enrolling district or the
4.32department under paragraph (b).
4.33    (b) An enrolling district may challenge the validity of a course offered by an online
4.34learning provider. The department must review such challenges based on the certification
5.1procedures under paragraph (a). The department may initiate its own review of the validity
5.2of an online learning course offered by an online learning provider.
5.3    (c) The department may collect a fee not to exceed $250 for certifying online
5.4learning providers or $50 per course for reviewing a challenge by an enrolling district.
5.5    (d) The department must develop, publish, and maintain a list of approved online
5.6learning providers and online learning courses and programs that it has reviewed and
5.7certified."
5.8Delete the title and insert:
5.10relating to education; clarifying and modifying requirements for supplemental
5.11and full-time online learning providers; amending Minnesota Statutes 2008,
5.12section 124D.095, subdivisions 3, 4, 7."