1.1.................... moves to amend H.F. No. 1179 as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. Minnesota Statutes 2008, section 16A.06, subdivision 11, is amended to read:
1.6    Subd. 11. Permanent school fund reporting. The commissioner shall biannually
1.7report to the Permanent School Fund Advisory Committee and the legislature on the
1.8management of the permanent school trust fund that shows how the commissioner the
1.9amount of the permanent school fund transfer and information about the investment of the
1.10permanent school fund provided by the State Board of Investment. The State Board of
1.11Investment shall provide information about how they maximized the long-term economic
1.12return of the permanent school trust fund.

1.13    Sec. 2. Minnesota Statutes 2008, section 120A.40, is amended to read:
1.14120A.40 SCHOOL CALENDAR.
1.15(a) Except for learning programs during summer, flexible learning year programs
1.16authorized under sections 124D.12 to 124D.127, and learning year programs under section
1.17124D.128 , a district must not commence an elementary or secondary school year before
1.18Labor Day, except as provided under paragraph (b). Days devoted to teachers' workshops
1.19may be held before Labor Day. Districts that enter into cooperative agreements are
1.20encouraged to adopt similar school calendars.
1.21(b) A district may begin the school year on any day before Labor Day:
1.22(1) to accommodate a construction or remodeling project of $400,000 or more
1.23affecting a district school facility.; or
1.24(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35
1.25with a district that qualifies under clause (1); or
2.1A school (3) if the district that agrees to the same schedule with a school district
2.2in an adjoining state also may begin the school year before Labor Day as authorized
2.3under this paragraph.

2.4    Sec. 3. Minnesota Statutes 2008, section 123B.77, subdivision 3, is amended to read:
2.5    Subd. 3. Statement for comparison and correction. (a) By November 30 of the
2.6calendar year of the submission of the unaudited financial data, the district must provide to
2.7the commissioner audited financial data for the preceding fiscal year. The audit must be
2.8conducted in compliance with generally accepted governmental auditing standards, the
2.9federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office
2.10of the State Auditor. An audited financial statement prepared in a form which will allow
2.11comparison with and correction of material differences in the unaudited financial data
2.12shall be submitted to the commissioner and the state auditor by December 31. The audited
2.13financial statement must also provide a statement of assurance pertaining to uniform
2.14financial accounting and reporting standards compliance and a copy of the management
2.15letter submitted to the district by the school district's auditor.
2.16(b) By January February 15 of the calendar year following the submission of the
2.17unaudited financial data, the commissioner shall convert the audited financial data
2.18required by this subdivision into the consolidated financial statement format required
2.19under subdivision 1a and publish the information on the department's Web site.

2.20    Sec. 4. Minnesota Statutes 2008, section 123B.83, subdivision 3, is amended to read:
2.21    Subd. 3. Failure to limit expenditures. If a district does not limit its expenditures in
2.22accordance with this section, the commissioner may so notify the appropriate committees
2.23of the legislature by no later than January 1 February 15 of the year following the end
2.24of that fiscal year.

2.25    Sec. 5. Minnesota Statutes 2008, section 125A.11, subdivision 1, is amended to read:
2.26    Subdivision 1. Nonresident tuition rate; other costs. (a) For fiscal year 2006,
2.27when a school district provides instruction and services outside the district of residence,
2.28board and lodging, and any tuition to be paid, shall be paid by the district of residence.
2.29The tuition rate to be charged for any child with a disability, excluding a pupil for whom
2.30tuition is calculated according to section 127A.47, subdivision 7, paragraph (d), must be
2.31the sum of (1) the actual cost of providing special instruction and services to the child
2.32including a proportionate amount for special transportation and unreimbursed building
2.33lease and debt service costs for facilities used primarily for special education, plus (2)
2.34the amount of general education revenue and referendum aid attributable to the pupil,
3.1minus (3) the amount of special education aid for children with a disability received
3.2on behalf of that child, minus (4) if the pupil receives special instruction and services
3.3outside the regular classroom for more than 60 percent of the school day, the amount of
3.4general education revenue and referendum aid, excluding portions attributable to district
3.5and school administration, district support services, operations and maintenance, capital
3.6expenditures, and pupil transportation, attributable to that pupil for the portion of time
3.7the pupil receives special instruction and services outside of the regular classroom. If
3.8the boards involved do not agree upon the tuition rate, either board may apply to the
3.9commissioner to fix the rate. Notwithstanding chapter 14, the commissioner must then set
3.10a date for a hearing or request a written statement from each board, giving each board
3.11at least ten days' notice, and after the hearing or review of the written statements the
3.12commissioner must make an order fixing the tuition rate, which is binding on both school
3.13districts. General education revenue and referendum equalization aid attributable to a
3.14pupil must be calculated using the resident district's average general education revenue
3.15and referendum equalization aid per adjusted pupil unit.
3.16    (b) For fiscal year 2007 and later, when a school district provides special instruction
3.17and services for a pupil with a disability as defined in section 125A.02 outside the district
3.18of residence, excluding a pupil for whom an adjustment to special education aid is
3.19calculated according to section 127A.47, subdivision 7, paragraph (e), special education
3.20aid paid to the resident district must be reduced by an amount equal to (1) the actual
3.21cost of providing special instruction and services to the pupil, including a proportionate
3.22amount for special transportation and unreimbursed building lease and debt service costs
3.23for facilities used primarily for special education, plus (2) the amount of general education
3.24revenue and referendum equalization aid attributable to that pupil, calculated using the
3.25resident district's average general education revenue and referendum equalization aid
3.26per adjusted pupil unit excluding basic skills revenue, elementary sparsity revenue and
3.27secondary sparsity revenue, minus (3) the amount of special education aid for children
3.28with a disability received on behalf of that child, minus (4) if the pupil receives special
3.29instruction and services outside the regular classroom for more than 60 percent of the
3.30school day, the amount of general education revenue and referendum equalization aid,
3.31excluding portions attributable to district and school administration, district support
3.32services, operations and maintenance, capital expenditures, and pupil transportation,
3.33attributable to that pupil for the portion of time the pupil receives special instruction
3.34and services outside of the regular classroom, calculated using the resident district's
3.35average general education revenue and referendum equalization aid per adjusted pupil unit
3.36excluding basic skills revenue, elementary sparsity revenue and secondary sparsity revenue
4.1and the serving district's basic skills revenue, elementary sparsity revenue and secondary
4.2sparsity revenue per adjusted pupil unit. Notwithstanding clauses (1) and (4), for pupils
4.3served by a cooperative unit without a fiscal agent school district, the general education
4.4revenue and referendum equalization aid attributable to a pupil must be calculated using
4.5the resident district's average general education revenue and referendum equalization aid
4.6excluding compensatory revenue, elementary sparsity revenue, and secondary sparsity
4.7revenue. Special education aid paid to the district or cooperative providing special
4.8instruction and services for the pupil must be increased by the amount of the reduction in
4.9the aid paid to the resident district. Amounts paid to cooperatives under this subdivision
4.10and section 127A.47, subdivision 7, shall be recognized and reported as revenues and
4.11expenditures on the resident school district's books of account under sections 123B.75
4.12and 123B.76. If the resident district's special education aid is insufficient to make the full
4.13adjustment, the remaining adjustment shall be made to other state aid due to the district.
4.14    (c) Notwithstanding paragraphs (a) and (b) and section 127A.47, subdivision 7,
4.15paragraphs (d) and (e), a charter school where more than 30 percent of enrolled students
4.16receive special education and related services, a site approved under section 125A.515,
4.17an intermediate district, a special education cooperative, or a school district that served
4.18as the applicant agency for a group of school districts for federal special education aids
4.19for fiscal year 2006 may apply to the commissioner for authority to charge the resident
4.20district an additional amount to recover any remaining unreimbursed costs of serving
4.21pupils with a disability. The application must include a description of the costs and the
4.22calculations used to determine the unreimbursed portion to be charged to the resident
4.23district. Amounts approved by the commissioner under this paragraph must be included
4.24in the tuition billings or aid adjustments under paragraph (a) or (b), or section 127A.47,
4.25subdivision 7 , paragraph (d) or (e), as applicable.
4.26    (d) For purposes of this subdivision and section 127A.47, subdivision 7, paragraphs
4.27(d) and (e), "general education revenue and referendum equalization aid" means the sum
4.28of the general education revenue according to section 126C.10, subdivision 1, excluding
4.29alternative teacher compensation revenue, plus the referendum equalization aid according
4.30to section 126C.17, subdivision 7, as adjusted according to section 127A.47, subdivision
4.317, paragraphs (a) to (c).

4.32    Sec. 6. Minnesota Statutes 2008, section 126C.05, subdivision 2, is amended to read:
4.33    Subd. 2. Foreign exchange pupils. Notwithstanding section 124D.02, subdivision
4.343 , or any other law to the contrary, a foreign exchange pupil enrolled in a district under a
4.35cultural exchange program registered with the Office of the Secretary of State under
5.1section 5A.02 may be counted as a resident pupil for the purposes of this chapter
5.2and chapters 120B, 122A, 123A, 123B, 124D, 125A, and 127A, even if the pupil has
5.3graduated from high school or the equivalent.

5.4    Sec. 7. Minnesota Statutes 2008, section 126C.10, subdivision 2, is amended to read:
5.5    Subd. 2. Basic revenue. The basic revenue for each district equals the formula
5.6allowance times the adjusted marginal cost pupil units for the school year. The formula
5.7allowance for fiscal year 2007 is $4,974. The formula allowance for fiscal year 2008 is
5.8$5,074 and the formula allowance for fiscal year 2009 and subsequent years is $5,124
5.9$........
5.10EFFECTIVE DATE.This section is effective July 1, 2009.

5.11    Sec. 8. Minnesota Statutes 2008, section 126C.15, subdivision 2, is amended to read:
5.12    Subd. 2. Building allocation. (a) A district must allocate its compensatory
5.13revenue to each school building in the district where the children who have generated the
5.14revenue are served unless the school district has received permission under Laws 2005,
5.15First Special Session chapter 5, article 1, section 50, to allocate compensatory revenue
5.16according to student performance measures developed by the school board.
5.17    (b) Notwithstanding paragraph (a), a district may allocate up to five percent of the
5.18amount of compensatory revenue that the district receives to school sites according to a
5.19plan adopted by the school board. The money reallocated under this paragraph must be
5.20spent for the purposes listed in subdivision 1, but may be spent on students in any grade,
5.21including students attending school readiness or other prekindergarten programs.
5.22    (c) For the purposes of this section and section 126C.05, subdivision 3, "building"
5.23means education site as defined in section 123B.04, subdivision 1.
5.24    (d) If the pupil is served at a site other than one owned and operated by the district,
5.25the revenue shall be paid to the district and used for services for pupils who generate
5.26the revenue Notwithstanding section 123A. 26, subdivision 1, compensatory revenue
5.27generated by students served at a cooperative unit shall be paid to the cooperative unit.
5.28    (e) A district with school building openings, school building closings, changes
5.29in attendance area boundaries, or other changes in programs or student demographics
5.30between the prior year and the current year may reallocate compensatory revenue among
5.31sites to reflect these changes. A district must report to the department any adjustments it
5.32makes according to this paragraph and the department must use the adjusted compensatory
5.33revenue allocations in preparing the report required under section 123B.76, subdivision 3,
5.34paragraph (c).

6.1    Sec. 9. Minnesota Statutes 2008, section 126C.15, subdivision 4, is amended to read:
6.2    Subd. 4. Separate accounts. Each district and cooperative unit that receives basic
6.3skills revenue shall maintain separate accounts to identify expenditures for salaries and
6.4programs related to basic skills revenue.

6.5    Sec. 10. Minnesota Statutes 2008, section 126C.40, subdivision 6, is amended to read:
6.6    Subd. 6. Lease purchase; installment buys. (a) Upon application to, and approval
6.7by, the commissioner in accordance with the procedures and limits in subdivision 1,
6.8paragraphs (a) and (b), a district, as defined in this subdivision, may:
6.9(1) purchase real or personal property under an installment contract or may lease
6.10real or personal property with an option to purchase under a lease purchase agreement, by
6.11which installment contract or lease purchase agreement title is kept by the seller or vendor
6.12or assigned to a third party as security for the purchase price, including interest, if any; and
6.13(2) annually levy the amounts necessary to pay the district's obligations under the
6.14installment contract or lease purchase agreement.
6.15(b) The obligation created by the installment contract or the lease purchase
6.16agreement must not be included in the calculation of net debt for purposes of section
6.17475.53 , and does not constitute debt under other law. An election is not required in
6.18connection with the execution of the installment contract or the lease purchase agreement.
6.19(c) The proceeds of the levy authorized by this subdivision must not be used to
6.20acquire a facility to be primarily used for athletic or school administration purposes.
6.21(d) For the purposes of this subdivision, "district" means:
6.22(1) a school district required to have a comprehensive plan for the elimination of
6.23segregation which is eligible for revenue under section 124D.86, subdivision 3, clause (1),
6.24(2), or (3), and whose plan has been determined by the commissioner to be in compliance
6.25with Department of Education rules relating to equality of educational opportunity and
6.26school desegregation and, for a district eligible for revenue under section 124D.86,
6.27subdivision 3 , clause (4) or (5), where the acquisition of property under this subdivision is
6.28determined by the commissioner to contribute to the implementation of the desegregation
6.29plan; or
6.30(2) a school district that participates in a joint program for interdistrict desegregation
6.31with a district defined in clause (1) if the facility acquired under this subdivision is to
6.32be primarily used for the joint program and the commissioner determines that the joint
6.33programs are being undertaken to implement the districts' desegregation plan.
7.1(e) Notwithstanding subdivision 1, the prohibition against a levy by a district to lease
7.2or rent a district-owned building to itself does not apply to levies otherwise authorized
7.3by this subdivision.
7.4(f) For the purposes of this subdivision, any references in subdivision 1 to building
7.5or land shall include personal property.

7.6    Sec. 11. Minnesota Statutes 2008, section 127A.47, subdivision 7, is amended to read:
7.7    Subd. 7. Alternative attendance programs. The general education aid and special
7.8education aid for districts must be adjusted for each pupil attending a nonresident district
7.9under sections 123A.05 to 123A.08, 124D.03, 124D.08, and 124D.68. The adjustments
7.10must be made according to this subdivision.
7.11    (a) General education aid paid to a resident district must be reduced by an amount
7.12equal to the referendum equalization aid attributable to the pupil in the resident district.
7.13    (b) General education aid paid to a district serving a pupil in programs listed in this
7.14subdivision must be increased by an amount equal to the greater of (1) the referendum
7.15equalization aid attributable to the pupil in the nonresident district; or (2) the product of
7.16the district's open enrollment concentration index, the maximum amount of referendum
7.17revenue in the first tier, and the district's net open enrollment pupil units for that year. A
7.18district's open enrollment concentration index equals the greater of: (i) zero, or (ii) the
7.19lesser of 1.0, or the difference between the district's ratio of open enrollment pupil units
7.20served to its resident pupil units for that year and 0.2. This clause does not apply to a
7.21school district where more than 50 percent of the open enrollment students are enrolled
7.22solely in online learning courses.
7.23    (c) If the amount of the reduction to be made from the general education aid of the
7.24resident district is greater than the amount of general education aid otherwise due the
7.25district, the excess reduction must be made from other state aids due the district.
7.26    (d) For fiscal year 2006, the district of residence must pay tuition to a district or an
7.27area learning center, operated according to paragraph (f), providing special instruction and
7.28services to a pupil with a disability, as defined in section 125A.02, or a pupil, as defined in
7.29section 125A.51, who is enrolled in a program listed in this subdivision. The tuition must
7.30be equal to (1) the actual cost of providing special instruction and services to the pupil,
7.31including a proportionate amount for special transportation and unreimbursed building
7.32lease and debt service costs for facilities used primarily for special education, minus (2)
7.33if the pupil receives special instruction and services outside the regular classroom for
7.34more than 60 percent of the school day, the amount of general education revenue and
7.35referendum aid attributable to that pupil for the portion of time the pupil receives special
8.1instruction and services outside of the regular classroom, excluding portions attributable to
8.2district and school administration, district support services, operations and maintenance,
8.3capital expenditures, and pupil transportation, minus (3) special education aid attributable
8.4to that pupil, that is received by the district providing special instruction and services.
8.5For purposes of this paragraph, general education revenue and referendum equalization
8.6aid attributable to a pupil must be calculated using the serving district's average general
8.7education revenue and referendum equalization aid per adjusted pupil unit.
8.8    (e) For fiscal year 2007 and later, special education aid paid to a resident district
8.9must be reduced by an amount equal to (1) the actual cost of providing special instruction
8.10and services, including special transportation and unreimbursed building lease and debt
8.11service costs for facilities used primarily for special education, for a pupil with a disability,
8.12as defined in section 125A.02, or a pupil, as defined in section 125A.51, who is enrolled
8.13in a program listed in this subdivision, minus (2) if the pupil receives special instruction
8.14and services outside the regular classroom for more than 60 percent of the school day,
8.15the amount of general education revenue and referendum equalization aid attributable
8.16to that pupil for the portion of time the pupil receives special instruction and services
8.17outside of the regular classroom, excluding portions attributable to district and school
8.18administration, district support services, operations and maintenance, capital expenditures,
8.19and pupil transportation, minus (3) special education aid attributable to that pupil, that is
8.20received by the district providing special instruction and services. For purposes of this
8.21paragraph, general education revenue and referendum equalization aid attributable to a
8.22pupil must be calculated using the serving district's average general education revenue
8.23and referendum equalization aid per adjusted pupil unit. Special education aid paid to the
8.24district or cooperative providing special instruction and services for the pupil, or to the
8.25fiscal agent district for a cooperative, must be increased by the amount of the reduction
8.26in the aid paid to the resident district. If the resident district's special education aid is
8.27insufficient to make the full adjustment, the remaining adjustment shall be made to other
8.28state aids due to the district.
8.29    (f) An area learning center operated by a service cooperative, intermediate district,
8.30education district, or a joint powers cooperative may elect through the action of the
8.31constituent boards to charge the resident district tuition for pupils rather than to have the
8.32general education revenue paid to a fiscal agent school district. Except as provided in
8.33paragraph (d) or (e), the district of residence must pay tuition equal to at least 90 percent of
8.34the district average general education revenue per pupil unit minus an amount equal to the
8.35product of the formula allowance according to section 126C.10, subdivision 2, times .0485,
8.36calculated without basic skills compensatory revenue and transportation sparsity revenue,
9.1times the number of pupil units for pupils attending the area learning center, plus the
9.2amount of compensatory revenue generated by pupils attending the area learning center.


9.5    Section 1. Minnesota Statutes 2008, section 120B.022, subdivision 1, is amended to
9.6read:
9.7    Subdivision 1. Elective standards. (a) A district must establish its own standards in
9.8the following subject areas:
9.9    (1) vocational and technical education; and
9.10    (2) world languages.
9.11    A school district must offer courses in all elective subject areas.
9.12    (b) World languages teachers and other school staff should develop and implement
9.13world languages programs that acknowledge and reinforce the language proficiency and
9.14cultural awareness that non-English language speakers already possess, and encourage
9.15students' proficiency in multiple world languages. Programs under this paragraph must
9.16encompass indigenous American Indian languages and cultures, among other world
9.17languages and cultures. The department shall consult with postsecondary institutions in
9.18developing related professional development opportunities.
9.19(c) Any Minnesota public, charter, or nonpublic school may award Minnesota
9.20World Language Proficiency Certificates or Minnesota World Language Proficiency High
9.21Achievement Certificates, consistent with this subdivision.
9.22The Minnesota World Language Proficiency Certificate recognizes students who
9.23demonstrate listening, speaking, reading, and writing language skills at the American
9.24Council on the Teaching of Foreign Languages' Intermediate-Low level on a valid and
9.25reliable assessment tool. For languages listed as Category 3 by the United States Foreign
9.26Service Institute or Category 4 by the United States Defense Language Institute, the
9.27standard is Intermediate-Low for listening and speaking and Novice-High for reading
9.28and writing.
9.29The Minnesota World Language Proficiency High Achievement Certificate
9.30recognizes students who demonstrate listening, speaking, reading, and writing language
9.31skills at the American Council on the Teaching of Foreign Languages' Pre-Advanced level
9.32for K-12 learners on a valid and reliable assessment tool. For languages listed as Category
9.333 by the United States Foreign Service Institute or Category 4 by the United States
9.34Defense Language Institute, the standard is Pre-Advanced for listening and speaking and
9.35Intermediate-Mid for reading and writing.

10.1    Sec. 2. Minnesota Statutes 2008, section 120B.024, is amended to read:
10.2120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.
10.3    (a) Students beginning 9th grade in the 2004-2005 school year and later must
10.4successfully complete the following high school level course credits for graduation:
10.5    (1) four credits of language arts;
10.6    (2) three credits of mathematics, encompassing at least algebra, geometry, statistics,
10.7and probability sufficient to satisfy the academic standard;
10.8    (3) three credits of science, including at least one credit in biology;
10.9    (4) three and one-half credits of social studies, encompassing at least United
10.10States history, geography, government and citizenship, world history, and economics or
10.11three credits of social studies encompassing at least United States history, geography,
10.12government and citizenship, and world history, and one-half credit of economics taught in
10.13a school's social studies, agriculture education, or business department;
10.14    (5) one credit in the arts; and
10.15    (6) a minimum of seven elective course credits.
10.16    A course credit is equivalent to a student successfully completing an academic
10.17year of study or a student mastering the applicable subject matter of the state academic
10.18standards or local academic standards where state standards do not apply, as determined
10.19by the local school district.
10.20    (b) An agriculture science course may fulfill a science credit requirement in addition
10.21to the specified science credits in biology and chemistry or physics under paragraph (a),
10.22clause (3).
10.23    (c) A career and technical education course may fulfill a science, mathematics, or
10.24arts credit requirement in addition to the specified science, mathematics, or arts credits
10.25under paragraph (a), clause (2), (3), or (5).
10.26EFFECTIVE DATE.This section is effective August 1, 2012, and applies to
10.27students entering grade 9 in the 2012-2013 school year and later.

10.28    Sec. 3. [120B.0245] EDUCATIONAL INNOVATION.
10.29(a) A school district must use five percent of the basic revenue it receives each
10.30year to implement evidence-based innovation premised on research-based curriculum,
10.31instruction, and other education measures and practices that are known to improve
10.32academic performance for diverse groups of students. To this end, the school district must
10.33develop and implement a comprehensive plan to narrow and eliminate differences in
10.34student academic achievement in reading, math, and science based on student measures of
10.35mobility, attendance, race and ethnicity, gender, English language learner status, eligibility
11.1for free or reduced price lunch, and special education. A school district must file its
11.2plan with the commissioner that describes how the district proposes to use its innovation
11.3revenue to supplement state reading requirements under section 120B.12, subdivision
11.41, and state math and science requirements under section 120B.023, subdivision 2,
11.5paragraphs (b) and (d) and improve student outcomes. The plan must identify specific
11.6education goals and the indicators to demonstrate progress toward achieving those goals.
11.7Once the commissioner approves the district's plan, the district must spend its innovation
11.8revenue consistent with that plan.
11.9(b) A district under paragraph (a) must:
11.10(1) pursue specific education goals premised on (i) efficient use of resources, (ii)
11.11performance incentives for educators that take into account variables in educational
11.12performance, and (iii) continuous adaptation of best teaching practices;
11.13(2) show how evidence-based practices, efficient use of resources, and data-informed
11.14evaluations enable the district to achieve its goals under clause (1); and
11.15(3) use the district's measures under clause (2) to demonstrate to the commissioner
11.16the amount of progress the district achieved toward realizing its goals.
11.17EFFECTIVE DATE.This section is effective for the 2009-2010 school year and
11.18later.

11.19    Sec. 4. Minnesota Statutes 2008, section 120B.13, subdivision 1, is amended to read:
11.20    Subdivision 1. Program structure; training programs for teachers. (a) The
11.21advanced placement and international baccalaureate programs are well-established
11.22academic programs for mature, academically directed high school students. These
11.23programs, in addition to providing academic rigor, offer sound curricular design,
11.24accountability, comprehensive external assessment, feedback to students and teachers,
11.25and the opportunity for high school students to compete academically on a global level.
11.26Advanced placement and international baccalaureate programs allow students to leave
11.27high school with the academic skills and self-confidence to succeed in college and
11.28beyond. The advanced placement and international baccalaureate programs help provide
11.29Minnesota students with world-class educational opportunity.
11.30(b) Critical to schools' educational success is ongoing advanced
11.31placement/international baccalaureate-approved teacher training. A secondary teacher
11.32assigned by a district to teach an advanced placement or international baccalaureate course
11.33or other interested educator may participate in a training program offered by The College
11.34Board or International Baccalaureate North America, Inc. The state may pay a portion
11.35of the tuition, room, board, and out-of-state travel costs a teacher or other interested
12.1educator incurs in participating in a training program. The commissioner shall determine
12.2application procedures and deadlines, select teachers and other interested educators to
12.3participate in the training program, and determine the payment process and amount of the
12.4subsidy. The procedures determined by the commissioner shall, to the extent possible,
12.5ensure that advanced placement and international baccalaureate courses become available
12.6in all parts of the state and that a variety of course offerings are available in school districts.
12.7This subdivision does not prevent teacher or other interested educator participation in
12.8training programs offered by The College Board or International Baccalaureate North
12.9America, Inc., when tuition is paid by a source other than the state.
12.10(c) The commissioner may award state-funded competitive grants designed to create
12.11advanced placement summer training institutes for secondary teachers. Two-year grants,
12.12beginning and ending on October 1, may be awarded to Minnesota institutions of higher
12.13education that comply with the training requirements outlined by The College Board. The
12.14commissioner shall determine award criteria and the selection process.

12.15    Sec. 5. [120B.299] DEFINITIONS.
12.16    Subdivision 1. Definitions. The definitions in this section apply to this chapter.
12.17    Subd. 2. Growth. "Growth" compares the difference in a student's achievement
12.18score at two or more distinct points in time.
12.19    Subd. 3. Value-added. "Value-added" is the amount of achievement a student
12.20demonstrates above an established baseline. The difference between the student's score
12.21and the baseline defines value-added.
12.22    Subd. 4. Value-added growth. "Value-added growth" is based on a student's
12.23growth score. In a value-added growth system, the student's first test is the baseline, and
12.24the difference between the student's first and next test scores within a defined period is the
12.25measure of value-added. Value-added growth models use student-level data to measure
12.26what portion of a student's growth can be explained by inputs related to the educational
12.27environment.
12.28    Subd. 5. Adequate yearly progress. A school or district makes "adequate yearly
12.29progress" if, for every student subgroup under the federal 2001 No Child Left Behind
12.30Act in the school or district, its proficiency index or other approved adjustments for
12.31performance, based on statewide assessment scores, meets or exceeds federal expectations.
12.32To make adequate yearly progress, the school or district also must satisfy applicable
12.33federal requirements related to student attendance, graduation, and test participation rates.
12.34    Subd. 6. State growth target. (a) "State growth target" is the average year-two
12.35assessment scores for students with similar year-one assessment scores.
13.1    (b) The state growth targets for each grade and subject are benchmarked as follows
13.2until the assessment scale changes:
13.3(1) beginning in the 2008-2009 school year, the state growth target for grades 3 to 8
13.4is benchmarked to 2006-2007 and 2007-2008 school year data;
13.5(2) beginning in the 2008-2009 school year the state growth target for grade 10 is
13.6benchmarked to 2005-2006 and 2006-2007 school year data;
13.7(3) for the 2008-2009 school year, the state growth target for grade 11 is
13.8benchmarked to 2005-2006 school year data; and
13.9(4) beginning in the 2009-2010 school year, the state growth target for grade 11 is
13.10benchmarked to 2005-2006 and 2006-2007 school year data.
13.11    (c) Each time before the assessment scale changes, a stakeholder group that includes
13.12assessment and evaluation directors and staff and researchers must recommend a new
13.13state growth target that the commissioner must consider when revising standards under
13.14section 120B.023, subdivision 2.
13.15    Subd. 7. Low growth. "Low growth" is an assessment score one-half standard
13.16deviation below the state growth target.
13.17    Subd. 8. Medium growth. "Medium growth" is an assessment score within one-half
13.18standard deviation above or below the state growth target.
13.19    Subd. 9. High growth. "High growth" is an assessment score one-half standard
13.20deviation or more above the state growth target.
13.21    Subd. 10. Proficiency. "Proficiency" for purposes of reporting growth on school
13.22performance report cards under section 120B.36, subdivision 1, means those students
13.23who, in the previous school year, scored at or above "meets standards" on the statewide
13.24assessments under section 120B.30. Each year, school performance report cards must
13.25separately display: (1) the numbers and percentages of students who achieved low growth,
13.26medium growth, and high growth and achieved proficiency in the previous school year;
13.27and (2) the numbers and percentages of students who achieved low growth, medium
13.28growth, and high growth and did not achieve proficiency in the previous school year.
13.29    Subd. 11. Growth and progress toward proficiency. The categories of low
13.30growth, medium growth and high growth shall be used to indicate both growth, and
13.31progress toward grade-level proficiency that is consistent with subdivision 10.
13.32EFFECTIVE DATE.This section is effective the day following final enactment.

13.33    Sec. 6. Minnesota Statutes 2008, section 120B.30, is amended to read:
13.34120B.30 STATEWIDE TESTING AND REPORTING SYSTEM.
14.1    Subdivision 1. Statewide testing. (a) The commissioner, with advice from experts
14.2with appropriate technical qualifications and experience and stakeholders, consistent with
14.3subdivision 1a, shall include in the comprehensive assessment system, for each grade
14.4level to be tested, state-constructed tests developed from and computer-adaptive reading
14.5and mathematics assessments that are aligned with the state's required academic standards
14.6under section 120B.021, include both multiple choice and constructed response questions,
14.7and are administered annually to all students in grades 3 through 8 and at the high school
14.8level. A State-developed test high school tests aligned with the state's required academic
14.9standards under section 120B.021 and administered to all high school students in a
14.10subject other than writing, developed after the 2002-2003 school year, must include both
14.11machine-scoreable multiple choice and constructed response questions. The commissioner
14.12shall establish one or more months during which schools shall administer the tests to
14.13students each school year. Schools that the commissioner identifies for stand-alone field
14.14testing or other national sampling must participate as directed. Superintendents or charter
14.15school directors may appeal in writing to the commissioner for an exemption from a field
14.16test based on undue hardship. The commissioner's decision regarding the appeal is final.
14.17For students enrolled in grade 8 before the 2005-2006 school year, only Minnesota basic
14.18skills tests in reading, mathematics, and writing shall fulfill students' basic skills testing
14.19requirements for a passing state notation. The passing scores of basic skills tests in reading
14.20and mathematics are the equivalent of 75 percent correct for students entering grade 9
14.21in 1997 and thereafter, as based on the first uniform test administration of administered in
14.22February 1998. Students who have not successfully passed a Minnesota basic skills test
14.23by the end of the 2011-2012 school year must pass the graduation-required assessments
14.24for diploma under paragraph (b).
14.25    (b) For students enrolled in grade 8 in the 2005-2006 school year and later, only the
14.26following options shall fulfill students' state graduation test requirements:
14.27    (1) for reading and mathematics:
14.28    (i) obtaining an achievement level equivalent to or greater than proficient as
14.29determined through a standard setting process on the Minnesota comprehensive
14.30assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing
14.31score as determined through a standard setting process on the graduation-required
14.32assessment for diploma in grade 10 for reading and grade 11 for mathematics or
14.33subsequent retests;
14.34    (ii) achieving a passing score as determined through a standard setting process on the
14.35state-identified language proficiency test in reading and the mathematics test for English
15.1language learners or the graduation-required assessment for diploma equivalent of those
15.2assessments for students designated as English language learners;
15.3    (iii) achieving an individual passing score on the graduation-required assessment
15.4for diploma as determined by appropriate state guidelines for students with an individual
15.5education plan or 504 plan;
15.6    (iv) obtaining achievement level equivalent to or greater than proficient as
15.7determined through a standard setting process on the state-identified alternate assessment
15.8or assessments in grade 10 for reading and grade 11 for mathematics for students with
15.9an individual education plan; or
15.10    (v) achieving an individual passing score on the state-identified alternate assessment
15.11or assessments as determined by appropriate state guidelines for students with an
15.12individual education plan; and
15.13    (2) for writing:
15.14    (i) achieving a passing score on the graduation-required assessment for diploma;
15.15    (ii) achieving a passing score as determined through a standard setting process on
15.16the state-identified language proficiency test in writing for students designated as English
15.17language learners;
15.18    (iii) achieving an individual passing score on the graduation-required assessment
15.19for diploma as determined by appropriate state guidelines for students with an individual
15.20education plan or 504 plan; or
15.21    (iv) achieving an individual passing score on the state-identified alternate assessment
15.22or assessments as determined by appropriate state guidelines for students with an
15.23individual education plan.
15.24     (c) Students enrolled in grade 8 in any school year from the 2005-2006 school
15.25year to the 2009-2010 school year who do not pass the mathematics graduation-required
15.26assessment for diploma under paragraph (b) are eligible to receive a high school diploma
15.27with a passing state notation if they:
15.28(1) complete with a passing score or grade all state and local coursework and credits
15.29required for graduation by the school board granting the students their diploma;
15.30(2) participate in district-prescribed academic remediation in mathematics; and
15.31(3) fully participate in at least two retest attempts after the initial spring
15.32administration of the mathematics graduation-required assessment for diploma or until
15.33they pass the mathematics graduation-required assessment for diploma, whichever
15.34comes first. A school board issuing a student a high school diploma in any school year
15.35from the 2009-2010 school year through the 2013-2014 school year must record on the
16.1student's high school transcript whether or not the student received a passing score on the
16.2mathematics graduation-required assessments for diploma under this subdivision.
16.3In addition, the school board granting the students their diplomas may formally
16.4decide to include a notation of high achievement on the high school diplomas of those
16.5graduating seniors who, according to established school board criteria, demonstrate
16.6exemplary academic achievement during high school.
16.7(d) The 3rd through 8th grade computer-adaptive assessments and high school level
16.8test results shall be available to districts for diagnostic purposes affecting student learning
16.9and district instruction and curriculum, and for establishing educational accountability.
16.10The commissioner must disseminate to the public the computer-adaptive assessments and
16.11high school test results upon receiving those results.
16.12     (d) State (e) The 3rd through 8th grade computer-adaptive assessments and
16.13high school tests must be constructed and aligned with state academic standards. The
16.14commissioner shall determine the testing process and the order of administration shall be
16.15determined by the commissioner. The statewide results shall be aggregated at the site and
16.16district level, consistent with subdivision 1a.
16.17     (e) In addition to the testing and reporting requirements under this section, the
16.18commissioner shall include the following components in the statewide public reporting
16.19system:
16.20    (1) uniform statewide testing of all students in grades 3 through 8 and at the high
16.21school level that provides appropriate, technically sound accommodations, or alternate
16.22assessments, or exemptions consistent with applicable federal law, only with parent or
16.23guardian approval, for those very few students for whom the student's individual education
16.24plan team under sections 125A.05 and 125A.06 determines that the general statewide test
16.25is inappropriate for a student, or for a limited English proficiency student under section
16.26124D.59, subdivision 2;
16.27    (2) educational indicators that can be aggregated and compared across school
16.28districts and across time on a statewide basis, including average daily attendance, high
16.29school graduation rates, and high school drop-out rates by age and grade level;
16.30    (3) state results on the American College Test; and
16.31    (4) state results from participation in the National Assessment of Educational
16.32Progress so that the state can benchmark its performance against the nation and other
16.33states, and, where possible, against other countries, and contribute to the national effort
16.34to monitor achievement.
16.35    Subd. 1a. Statewide and local assessments; results. (a) For purposes of this
16.36section, the following definitions have the meanings given them.
17.1"Computer-adaptive assessments" mean fully-adaptive assessments and partially
17.2adaptive assessments.
17.3"Fully-adaptive assessments" include test items that are on-grade level and may
17.4be above or below a student's grade level.
17.5"Partially-adaptive assessments" include two portions of test items, where one
17.6portion is limited to on-grade level test items and a second portion includes test items that
17.7are on-grade level or above or below a student's grade level.
17.8"On-grade level" test items contain subject area content that is aligned to state
17.9academic standards for the grade level of the student taking the assessment.
17.10"Above-grade level" test items contain subject area content that is above the grade
17.11level of the student taking the assessment and are considered aligned with state academic
17.12standards to the extent they are aligned with content represented in state academic
17.13standards above the grade level of the student taking the assessment. Notwithstanding
17.14the student's grade level, administering above-grade level test items to a student does not
17.15violate the requirement that state assessments must be aligned with state standards.
17.16"Below-grade level" test items contain subject area content that is below the grade
17.17level of the student taking the test and are considered aligned with state academic standards
17.18to the extent they are aligned with content represented in state academic standards below
17.19the student's current grade level. Notwithstanding the student's grade level, administering
17.20below-grade level test items to a student does not violate the requirement that state
17.21assessments must be aligned with state standards.
17.22(b) The commissioner must use fully-adaptive assessments to the extent no net loss
17.23of federal and state funds occurs as a result of using these assessments. If a net loss of
17.24federal and state funds were to occur under this subdivision, then the commissioner must
17.25use partially-adaptive assessments to meet existing federal educational accountability
17.26requirements.
17.27(c) For purposes of conforming with existing federal educational accountability
17.28requirements, the commissioner must develop implement computer-adaptive reading,
17.29and mathematics, and science assessments for grades 3 through 8, state-developed
17.30high school reading and mathematics tests aligned with state academic standards, and
17.31science assessments under clause (2) that districts and sites must use to monitor student
17.32growth toward achieving those standards. The commissioner must not develop statewide
17.33assessments for academic standards in social studies, health and physical education, and
17.34the arts. The commissioner must require:
18.1    (1) annual computer-adaptive reading and mathematics assessments in grades 3
18.2through 8, and at the high school level for the 2005-2006 school year and later high school
18.3reading and mathematics tests; and
18.4    (2) annual science assessments in one grade in the grades 3 through 5 span, the
18.5grades 6 through 9 8 span, and a life sciences assessment in the grades 10 9 through 12
18.6span for the 2007-2008 school year and later, and the commissioner must not require
18.7students to achieve a passing score on high school science assessments as a condition of
18.8receiving a high school diploma.
18.9The commissioner must ensure that for annual computer-adaptive assessments:
18.10(1) individual student performance data and achievement and summary reports are
18.11available within three school days of when students take an assessment;
18.12(2) growth information is available for each student from school year to school
18.13year using a constant measurement scale;
18.14(3) teachers and school administrators are able to use elementary and middle school
18.15student performance data to project student achievement in high school; and
18.16(4) useful diagnostic information about areas of students' academic strengths and
18.17weaknesses is available to teachers and school administrators for purposes of improving
18.18student instruction and indicating the specific skills and concepts that students at given
18.19score levels need introduced and developed, organized by strands within subject areas and
18.20linked to state academic standards.
18.21When contracting for computer-adaptive assessments under this section, the
18.22commissioner must give priority to contracting with providers able to offer school districts
18.23an option of providing locally-financed formative assessments that supplement and align
18.24with state academic standards.
18.25    (b) (d) The commissioner must ensure that all statewide tests administered to
18.26elementary and secondary students measure students' academic knowledge and skills and
18.27not students' values, attitudes, and beliefs.
18.28    (c) (e) Reporting of assessment results must:
18.29    (1) provide timely, useful, and understandable information on the performance of
18.30individual students, schools, school districts, and the state;
18.31    (2) include, by no later than the 2008-2009 school year, a value-added component
18.32that is in addition to a measure for student achievement growth over time growth indicator
18.33of student achievement under section 120B.35, subdivision 4, paragraph (b); and
18.34    (3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine
18.35whether students have met the state's basic skills requirements; and
19.1    (ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine
19.2whether students have met the state's academic standards.
19.3    (d) (f) Consistent with applicable federal law and subdivision 1, paragraph (d),
19.4clause (1), the commissioner must include appropriate, technically sound accommodations
19.5or alternative assessments for the very few students with disabilities for whom statewide
19.6assessments are inappropriate and for students with limited English proficiency.
19.7    (e) (g) A school, school district, and charter school must administer statewide
19.8assessments under this section, as the assessments become available, to evaluate student
19.9progress in achieving the proficiency in the context of the state's grade level academic
19.10standards. If a state assessment is not available, a school, school district, and charter
19.11school must determine locally if a student has met the required academic standards. A
19.12school, school district, or charter school may use a student's performance on a statewide
19.13assessment as one of multiple criteria to determine grade promotion or retention. A
19.14school, school district, or charter school may use a high school student's performance on a
19.15statewide assessment as a percentage of the student's final grade in a course, or place a
19.16student's assessment score on the student's transcript.
19.17(h) The commissioners of education and finance annually by February 1 must certify
19.18to the education policy and finance committees of the legislature and to the state auditor
19.19that the assessments required under this section:
19.20(1) satisfy the requirements of this section at the lowest combined total cost to
19.21the state and local schools and school districts in terms of test development and local
19.22technology infrastructure; and
19.23(2) eliminate duplicative testing.
19.24    Subd. 2. Department of Education assistance. The Department of Education
19.25shall contract for professional and technical services according to competitive bidding
19.26procedures under chapter 16C for purposes of this section.
19.27    Subd. 3. Reporting. The commissioner shall report test data publicly and to
19.28stakeholders, including the performance achievement levels developed from students'
19.29unweighted test scores in each tested subject and a listing of demographic factors that
19.30strongly correlate with student performance. The commissioner shall also report data that
19.31compares performance results among school sites, school districts, Minnesota and other
19.32states, and Minnesota and other nations. The commissioner shall disseminate to schools
19.33and school districts a more comprehensive report containing testing information that
19.34meets local needs for evaluating instruction and curriculum.
19.35    Subd. 4. Access to tests. The commissioner must adopt and publish a policy
19.36to provide public and parental access for review of basic skills tests, Minnesota
20.1Comprehensive Assessments, or any other such statewide test and assessment. Upon
20.2receiving a written request, the commissioner must make available to parents or guardians
20.3a copy of their student's actual responses to the test questions to be reviewed by the
20.4parent for their review.
20.5EFFECTIVE DATE.This section is effective the day following final enactment.
20.6Subdivision 1, paragraph (c) applies to the 2009-2010 through 2013-2014 school years
20.7only. Notwithstanding any other law to the contrary, requirements related to the math
20.8graduation-required assessment for diploma under this section are repealed June 30,
20.92014, and the commissioner of education must not implement any alternative to the
20.10math graduation-required assessment for diploma without specific legislative authority.
20.11Computer-adaptive test requirements apply to the 2010-2011 school year and later.

20.12    Sec. 7. Minnesota Statutes 2008, section 120B.31, is amended to read:
20.13120B.31 SYSTEM ACCOUNTABILITY AND STATISTICAL
20.14ADJUSTMENTS.
20.15    Subdivision 1. Educational accountability and public reporting. Consistent
20.16with the process direction to adopt a results-oriented graduation rule statewide academic
20.17standards under section 120B.02, the department, in consultation with education and
20.18other system stakeholders, must establish a coordinated and comprehensive system of
20.19educational accountability and public reporting that promotes higher greater academic
20.20achievement, preparation for higher academic education, preparation for the world of
20.21work, citizenship under sections 120B.021, subdivision 1, clause (4), and 120B.024,
20.22paragraph (a), clause (4), and the arts.
20.23    Subd. 2. Statewide testing. Each school year, all school districts shall give a
20.24uniform statewide test to students at specified grades to provide information on the status,
20.25needs and performance of Minnesota students.
20.26    Subd. 3. Educational accountability. (a) The Independent Office of Educational
20.27Accountability, as authorized by Laws 1997, First Special Session chapter 4, article 5,
20.28section 28, subdivision 2, is established, and shall be funded through the Board of Regents
20.29of the University of Minnesota. The office shall advise the education committees of the
20.30legislature and the commissioner of education, at least on a biennial basis, on:
20.31(1) the degree to which the statewide educational accountability and reporting system
20.32includes a comprehensive assessment framework that measures school accountability
20.33for students achieving the goals described in the state's results-oriented high school
20.34graduation rule;
21.1(2) the completeness, integrity, and use of the information provided by the statewide
21.2educational accountability and reporting system in the context of enabling legislators and
21.3other stakeholders to make fully informed education policy decisions consistent with the
21.4best and most current academic research available; and
21.5(3) the impact the statewide educational accountability and reporting system has on
21.6prekindergarten through grade 12 education policy, effectiveness, resource distribution,
21.7and structure.
21.8(b) The office shall determine and annually report to the legislature whether and
21.9how effectively:
21.10    (1) the statewide system of educational accountability utilizes uses multiple
21.11indicators to provide valid and reliable comparative and contextual data on students,
21.12schools, districts, and the state, and if not, recommend ways to improve the accountability
21.13reporting system;
21.14    (2) the commissioner makes statistical adjustments when reporting student data over
21.15time, consistent with clause (4);
21.16    (3) the commissioner uses indicators of student achievement growth a value-added
21.17growth indicator of student achievement over time and a value-added assessment model
21.18that estimates the effects of the school and school district on student achievement to
21.19measure and measures school performance, consistent with section 120B.36, subdivision
21.201 120B.35, subdivision 3, paragraph (b);
21.21    (4) the commissioner makes (3) data are available on students who do not pass one
21.22or more of the state's required GRAD tests and do not receive a diploma as a consequence,
21.23and categorizes these data are categorized according to gender, race, eligibility for free
21.24or reduced lunch, and English language proficiency; and
21.25    (5) the commissioner fulfills (4) the requirements under section 127A.095,
21.26subdivision 2 , are met.
21.27    (b) (c) When the office reviews the statewide educational accountability and
21.28reporting system, it shall also consider:
21.29    (1) the objectivity and neutrality of the state's educational accountability system; and
21.30    (2) the impact of a testing program on school curriculum and student learning.
21.31    Subd. 4. Statistical adjustments; student performance data. In developing
21.32policies and assessment processes to hold schools and districts accountable for high
21.33levels of academic standards under section 120B.021, the commissioner shall aggregate
21.34student data over time to report student performance and growth levels measured at the
21.35school, school district, regional, or and statewide level. When collecting and reporting
21.36the performance data, the commissioner shall: (1) acknowledge the impact of significant
22.1demographic factors such as residential instability, the number of single parent families,
22.2parents' level of education, and parents' income level on school outcomes; and (2)
22.3organize and report the data so that state and local policy makers can understand the
22.4educational implications of changes in districts' demographic profiles over time. Any
22.5report the commissioner disseminates containing summary data on student performance
22.6must integrate student performance and the demographic factors that strongly correlate
22.7with that performance.
22.8EFFECTIVE DATE.This section is effective the day following final enactment.

22.9    Sec. 8. Minnesota Statutes 2008, section 120B.35, is amended to read:
22.10120B.35 STUDENT ACADEMIC ACHIEVEMENT AND PROGRESS
22.11GROWTH.
22.12    Subdivision 1. Adequate yearly progress of schools and students School and
22.13student indicators of growth and achievement. The commissioner must develop and
22.14implement a system for measuring and reporting academic achievement and individual
22.15student progress growth, consistent with the statewide educational accountability and
22.16reporting system. The system components of the system must measure and separately
22.17report the adequate yearly progress of schools and the growth of individual students:
22.18students' current achievement in schools under subdivision 2; and individual students'
22.19educational progress growth over time under subdivision 3. The system also must include
22.20statewide measures of student academic achievement growth that identify schools with
22.21high levels of achievement growth, and also schools with low levels of achievement
22.22growth that need improvement. When determining a school's effect, the data must
22.23include both statewide measures of student achievement and, to the extent annual tests
22.24are administered, indicators of achievement growth that take into account a student's
22.25prior achievement. Indicators of achievement and prior achievement must be based on
22.26highly reliable statewide or districtwide assessments. Indicators that take into account a
22.27student's prior achievement must not be used to disregard a school's low achievement or to
22.28exclude a school from a program to improve low achievement levels. The commissioner
22.29by January 15, 2002, must submit a plan for integrating these components to the chairs of
22.30the legislative committees having policy and budgetary responsibilities for elementary
22.31and secondary education.
22.32    Subd. 2. Federal expectations for student academic achievement. (a) Each school
22.33year, a school district must determine if the student achievement levels at each school site
22.34meet state and local federal expectations. If student achievement levels at a school site do
22.35not meet state and local federal expectations and the site has not made adequate yearly
23.1progress for two consecutive school years, beginning with the 2001-2002 school year,
23.2the district must work with the school site to adopt a plan to raise student achievement
23.3levels to meet state and local federal expectations. The commissioner of education shall
23.4establish student academic achievement levels to comply with this paragraph.
23.5(b) School sites identified as not meeting federal expectations must develop
23.6continuous improvement plans in order to meet state and local federal expectations for
23.7student academic achievement. The department, at a district's request, must assist the
23.8district and the school site in developing a plan to improve student achievement. The plan
23.9must include parental involvement components.
23.10(c) The commissioner must:
23.11(1) provide assistance to assist school sites and districts identified as not meeting
23.12federal expectations; and
23.13(2) provide technical assistance to schools that integrate student progress
23.14achievement measures under subdivision 3 in into the school continuous improvement
23.15plan.
23.16(d) The commissioner shall establish and maintain a continuous improvement Web
23.17site designed to make data on every school and district available to parents, teachers,
23.18administrators, community members, and the general public.
23.19    Subd. 3. Student progress assessment State growth target; other state measures.
23.20(a) The state's educational assessment system component measuring individual students'
23.21educational progress must be growth is based, to the extent annual tests are administered,
23.22on indicators of achievement growth that show an individual student's prior achievement.
23.23Indicators of achievement and prior achievement must be based on highly reliable
23.24statewide or districtwide assessments.
23.25(b) The commissioner, in consultation with a stakeholder group that includes
23.26assessment and evaluation directors and staff and researchers must identify effective
23.27models for measuring individual student progress that enable a school district or school
23.28site to perform gains-based analysis, including evaluating the effects of the teacher,
23.29school, and school district on student achievement over time. At least one model must
23.30be a "value-added" assessment model that reliably estimates those effects for classroom
23.31settings where a single teacher teaches multiple subjects to the same group of students, for
23.32team teaching arrangements, and for other teaching circumstances. implement a model
23.33that uses a value-added growth indicator and includes criteria for identifying schools
23.34and school districts that demonstrate medium and high growth under section 120B.299,
23.35subdivisions 8 and 9, and may recommend other value-added measures under section
23.36120B.299, subdivision 3. The model may be used to advance educators' professional
24.1development and replicate programs that succeed in meeting students' diverse learning
24.2needs. Data on individual teachers generated under the model are personnel data under
24.3section 13.43. The model must allow users to:
24.4(1) report student growth consistent with this paragraph; and
24.5(2) for all student categories, report and compare aggregated and disaggregated state
24.6growth data using the nine student categories identified under the federal 2001 No Child
24.7Left Behind Act and two student gender categories of male and female, respectively,
24.8following appropriate reporting practices to protect nonpublic student data.
24.9The commissioner must report separate measures of student growth and proficiency,
24.10consistent with this paragraph.
24.11(c) If a district has an accountability plan that includes gains-based analysis or
24.12"value-added" assessment, the commissioner shall, to the extent practicable, incorporate
24.13those measures in determining whether the district or school site meets expectations. The
24.14department must coordinate with the district in evaluating school sites and continuous
24.15improvement plans, consistent with best practices. When reporting student performance
24.16under section 120B.36, subdivision 1, the commissioner annually, beginning July 1,
24.172011, must report two core measures indicating the extent to which current high school
24.18graduates are being prepared for postsecondary academic and career opportunities:
24.19(1) a preparation measure indicating the number and percentage of high school
24.20graduates in the most recent school year who completed course work important to
24.21preparing them for postsecondary academic and career opportunities, consistent with
24.22the core academic subjects required for admission to Minnesota's public colleges and
24.23universities as determined by the Office of Higher Education under chapter 136A; and
24.24(2) a rigorous coursework measure indicating the number and percentage of high
24.25school graduates in the most recent school year who successfully completed one or more
24.26college-level advanced placement, international baccalaureate, postsecondary enrollment
24.27options including concurrent enrollment, other rigorous courses of study under section
24.28120B.021, subdivision 1a, or industry certification courses or programs.
24.29When reporting the core measures under clauses (1) and (2), the commissioner must also
24.30analyze and report separate categories of information using the nine student categories
24.31identified under the federal 2001 No Child Left Behind Act and two student gender
24.32categories of male and female, respectively following appropriate reporting practices to
24.33protect nonpublic student data.
24.34(d) When reporting student performance under section 120B.36, subdivision 1, the
24.35commissioner annually, beginning July 1, 2013, must report summary data on school
24.36safety and students' engagement and connection at school. The summary data under this
25.1paragraph are separate from and must not be used for any purpose related to measuring
25.2or evaluating the performance of classroom teachers. The commissioner, in consultation
25.3with qualified experts on student engagement and connection and classroom teachers,
25.4must identify highly reliable variables that generate summary data under this paragraph.
25.5The summary data may be used at school, district, and state levels only. Any data on
25.6individuals received, collected, or created that are used to generate the summary data
25.7under this paragraph are nonpublic data under section 13.02, subdivision 9.
25.8    Subd. 4. Improving schools. Consistent with the requirements of this section,
25.9beginning June 20, 2012, the commissioner of education must establish a second
25.10achievement benchmark to identify improving schools. The commissioner must
25.11recommend to annually report to the public and the legislature by February 15, 2002,
25.12indicators in addition to the achievement benchmark for identifying improving schools,
25.13including an indicator requiring a school to demonstrate ongoing successful use of best
25.14teaching practices the organizational and curricular practices implemented in those schools
25.15that demonstrate medium and high growth compared to the state growth target.
25.16    Subd. 5. Improving graduation rates for students with emotional or behavioral
25.17disorders. (a) A district must develop strategies in conjunction with parents of students
25.18with emotional or behavioral disorders and the county board responsible for implementing
25.19sections 245.487 to 245.4889 to keep students with emotional or behavioral disorders in
25.20school, when the district has a drop-out rate for students with an emotional or behavioral
25.21disorder in grades 9 through 12 exceeding 25 percent.
25.22(b) A district must develop a plan in conjunction with parents of students with
25.23emotional or behavioral disorders and the local mental health authority to increase the
25.24graduation rates of students with emotional or behavioral disorders. A district with a
25.25drop-out rate for children with an emotional or behavioral disturbance in grades 9 through
25.2612 that is in the top 25 percent of all districts shall submit a plan for review and oversight
25.27to the commissioner.
25.28EFFECTIVE DATE.Subdivision 3, paragraph (b), applies to students in the
25.292008-2009 school year and later. Subdivision 3, paragraph (c), applies to students in the
25.302010-2011 school year and later. Subdivision 3, paragraph (d), applies to data that are
25.31collected in the 2010-2011 school year and later and reported annually beginning July 1,
25.322013, consistent with advice the commissioner receives from recognized and qualified
25.33experts on student engagement and connection and classroom teachers. Subdivision 4
25.34applies in the 2011-2012 school year and later.

25.35    Sec. 9. Minnesota Statutes 2008, section 120B.36, is amended to read:
26.1120B.36 SCHOOL ACCOUNTABILITY; APPEALS PROCESS.
26.2    Subdivision 1. School performance report cards. (a) The commissioner shall use
26.3objective criteria based on levels of student performance to report at least student academic
26.4performance under section 120B.35, subdivision 2, the percentages of students showing
26.5low, medium, and high growth under section 120B.35, subdivision 3, paragraph (b),
26.6school safety and student engagement and connection under section 120B.35, subdivision
26.73, paragraph (d), rigorous coursework under section 120B.35, subdivision 3, paragraph
26.8(c), two separate student-to-teacher ratios that clearly indicate the definition of teacher
26.9consistent with sections 122A.06 and 122A.15 for purposes of determining these ratios,
26.10and staff characteristics excluding salaries, with a value-added component added no later
26.11than the 2008-2009 school year student enrollment demographics, district mobility, and
26.12extracurricular activities. The report also must indicate a school's adequate yearly progress
26.13status, and must not set any designations applicable to high- and low-performing schools
26.14due solely to adequate yearly progress status.
26.15    (b) The commissioner shall develop, annually update, and post on the department
26.16Web site school performance report cards.
26.17    (c) The commissioner must make available the first performance report cards by
26.18November 2003, and during the beginning of each school year thereafter.
26.19    (d) A school or district may appeal its adequate yearly progress status in writing to
26.20the commissioner within 30 days of receiving the notice of its status. The commissioner's
26.21decision to uphold or deny an appeal is final.
26.22    (e) School performance report cards card data are nonpublic data under section
26.2313.02, subdivision 9 , until not later than ten days after the appeal procedure described in
26.24paragraph (d) concludes. The department shall annually post school performance report
26.25cards to its public Web site no later than September 1.
26.26    Subd. 2. Adequate yearly progress and other data. All data the department
26.27receives, collects, or creates for purposes of determining to determine adequate yearly
26.28progress designations status under Public Law 107-110, section 1116, set state growth
26.29targets, and determine student growth are nonpublic data under section 13.02, subdivision
26.309 , until not later than ten days after the appeal procedure described in subdivision 1,
26.31paragraph (d), concludes. Districts must provide parents sufficiently detailed summary
26.32data to permit parents to appeal under Public Law 107-110, section 1116(b)(2). The
26.33department shall annually post federal adequate yearly progress data and state student
26.34growth data to its public Web site no later than September 1.
26.35EFFECTIVE DATE.This section is effective the day following final enactment.

27.1    Sec. 10. Minnesota Statutes 2008, section 121A.15, subdivision 8, is amended to read:
27.2    Subd. 8. Report. The administrator or other person having general control and
27.3supervision of the elementary or secondary school shall file a report with the commissioner
27.4on all persons enrolled in the school. The superintendent of each district shall file a report
27.5with the commissioner for all persons within the district receiving instruction in a home
27.6school in compliance with sections 120A.22 and 120A.24. The parent of persons receiving
27.7instruction in a home school shall submit the statements as required by subdivisions 1, 2,
27.83, and 4 to the superintendent of the district in which the person resides by October 1 of
27.9each school year the first year of their homeschooling and the 7th grade year. The school
27.10report must be prepared on forms developed jointly by the commissioner of health and the
27.11commissioner of education and be distributed to the local districts by the commissioner
27.12of health. The school report must state the number of persons attending the school, the
27.13number of persons who have not been immunized according to subdivision 1 or 2, and
27.14the number of persons who received an exemption under subdivision 3, clause (c) or (d).
27.15The school report must be filed with the commissioner of education within 60 days of the
27.16commencement of each new school term. Upon request, a district must be given a 60-day
27.17extension for filing the school report. The commissioner of education shall forward the
27.18report, or a copy thereof, to the commissioner of health who shall provide summary
27.19reports to boards of health as defined in section 145A.02, subdivision 2. The administrator
27.20or other person having general control and supervision of the child care facility shall file a
27.21report with the commissioner of human services on all persons enrolled in the child care
27.22facility. The child care facility report must be prepared on forms developed jointly by
27.23the commissioner of health and the commissioner of human services and be distributed
27.24to child care facilities by the commissioner of health. The child care facility report
27.25must state the number of persons enrolled in the facility, the number of persons with no
27.26immunizations, the number of persons who received an exemption under subdivision 3,
27.27clause (c) or (d), and the number of persons with partial or full immunization histories.
27.28The child care facility report must be filed with the commissioner of human services by
27.29November 1 of each year. The commissioner of human services shall forward the report,
27.30or a copy thereof, to the commissioner of health who shall provide summary reports to
27.31boards of health as defined in section 145A.02, subdivision 2. The report required by this
27.32subdivision is not required of a family child care or group family child care facility, for
27.33prekindergarten children enrolled in any elementary or secondary school provided services
27.34according to sections 125A.05 and 125A.06, nor for child care facilities in which at least
27.3575 percent of children in the facility participate on a onetime only or occasional basis to a
27.36maximum of 45 hours per child, per month.

28.1    Sec. 11. Minnesota Statutes 2008, section 122A.07, subdivision 2, is amended to read:
28.2    Subd. 2. Eligibility; board composition. Except for the representatives of higher
28.3education and the public, to be eligible for appointment to the Board of Teaching a person
28.4must be a teacher currently teaching in a Minnesota school and fully licensed for the
28.5position held and have at least five years teaching experience in Minnesota, including the
28.6two years immediately preceding nomination and appointment. Each nominee, other than
28.7a public nominee, must be selected on the basis of professional experience and knowledge
28.8of teacher education, accreditation, and licensure. The board must be composed of:
28.9(1) six teachers who are currently teaching in a Minnesota school or who were
28.10teaching at the time of the appointment, at least four of whom must be teaching in a
28.11public school;
28.12(2) one higher education representative, who must be a faculty member preparing
28.13teachers;
28.14(3) one school administrator; and
28.15(4) three members of the public, two of whom must be present or former members
28.16of school boards.

28.17    Sec. 12. Minnesota Statutes 2008, section 122A.07, subdivision 3, is amended to read:
28.18    Subd. 3. Vacant position. With the exception of a teacher who retires from teaching
28.19during the course of completing a board term, the position of a member who leaves
28.20Minnesota or whose employment status changes to a category different from that from
28.21which appointed is deemed vacant.

28.22    Sec. 13. Minnesota Statutes 2008, section 122A.18, subdivision 4, is amended to read:
28.23    Subd. 4. Expiration and renewal. (a) Each license the Department of Education
28.24issues through its licensing section must bear the date of issue. Licenses must expire
28.25and be renewed according to the respective rules the Board of Teaching, the Board
28.26of School Administrators, or the commissioner of education adopts. Requirements for
28.27renewing a license must include showing satisfactory evidence of successful teaching or
28.28administrative experience for at least one school year during the period covered by the
28.29license in grades or subjects for which the license is valid or completing such additional
28.30preparation as the Board of Teaching prescribes. The Board of School Administrators
28.31shall establish requirements for renewing the licenses of supervisory personnel except
28.32athletic coaches. The State Board of Teaching shall establish requirements for renewing
28.33the licenses of athletic coaches.
28.34(b) Relicensure applicants, as a condition of relicensure, must present to their
28.35local continuing education and relicensure committee or other local relicensure
29.1committee evidence of work that demonstrates professional reflection and growth in best
29.2teaching practices. The applicant must include a reflective statement of professional
29.3accomplishment and the applicant's own assessment of professional growth showing
29.4evidence of:
29.5(1) support for student learning;
29.6(2) use of best practices techniques and their applications to student learning;
29.7(3) collaborative work with colleagues that includes examples of collegiality such as
29.8attested-to committee work, collaborative staff development programs, and professional
29.9learning community work; or
29.10(4) continual professional development that may include job-embedded or other
29.11ongoing formal professional learning during the relicensure period.
29.12The Board of Teaching must ensure that its teacher relicensing requirements also include
29.13this paragraph.
29.14(b) (c) The Board of Teaching shall offer alternative continuing relicensure options
29.15for teachers who are accepted into and complete the National Board for Professional
29.16Teaching Standards certification process, and offer additional continuing relicensure
29.17options for teachers who earn National Board for Professional Teaching Standards
29.18certification. Continuing relicensure requirements for teachers who do not maintain
29.19National Board for Professional Teaching Standards certification are those the board
29.20prescribes, consistent with this section.
29.21EFFECTIVE DATE.This section is effective the day following final enactment
29.22and applies to licensees seeking relicensure beginning July 1, 2012.

29.23    Sec. 14. Minnesota Statutes 2008, section 122A.40, subdivision 6, is amended to read:
29.24    Subd. 6. Peer review Mentoring for probationary teachers. A school board and
29.25an exclusive representative of the teachers in the district must develop a probationary
29.26teacher peer review process through joint agreement. The process may include having
29.27trained observers serve as mentors or coaches or having teachers participate in professional
29.28learning communities.
29.29EFFECTIVE DATE.This section is effective for the 2009-2010 school year and
29.30later.

29.31    Sec. 15. Minnesota Statutes 2008, section 122A.40, subdivision 8, is amended to read:
29.32    Subd. 8. Peer review coaching for continuing contract teachers. A school board
29.33and an exclusive representative of the teachers in the district shall develop a peer review
29.34process for continuing contract teachers through joint agreement. The process may
30.1include having trained observers serve as peer coaches or having teachers participate in
30.2professional learning communities.
30.3EFFECTIVE DATE.This section is effective for the 2009-2010 school year and
30.4later.

30.5    Sec. 16. Minnesota Statutes 2008, section 122A.41, subdivision 3, is amended to read:
30.6    Subd. 3. Peer review Mentoring for probationary teachers. A board and an
30.7exclusive representative of the teachers in the district must develop a probationary teacher
30.8peer review process through joint agreement. The process may include having trained
30.9observers serve as mentors or coaches or having teachers participate in professional
30.10learning communities.
30.11EFFECTIVE DATE.This section is effective for the 2009-2010 school year and
30.12later.

30.13    Sec. 17. Minnesota Statutes 2008, section 122A.41, subdivision 5, is amended to read:
30.14    Subd. 5. Peer review coaching for continuing contract teachers. A school
30.15board and an exclusive representative of the teachers in the district must develop a peer
30.16review process for nonprobationary teachers through joint agreement. The process may
30.17include having trained observers serve as peer coaches or having teachers participate in
30.18professional learning communities.
30.19EFFECTIVE DATE.This section is effective for the 2009-2010 school year and
30.20later.

30.21    Sec. 18. Minnesota Statutes 2008, section 122A.413, subdivision 2, is amended to read:
30.22    Subd. 2. Plan components. The educational improvement plan must be approved
30.23by the school board and have at least these elements:
30.24(1) assessment and evaluation tools to measure student performance and progress;
30.25(2) performance goals and benchmarks for improvement;
30.26(3) measures of student attendance and completion rates;
30.27(4) a rigorous research and practice-based professional development system, based
30.28on national and state standards of effective teaching practice and consistent with section
30.29122A.60 , that is aligned with educational improvement, and designed to achieve ongoing
30.30and schoolwide progress and growth in teaching quality improvement, and consistent with
30.31clearly defined research-based standards practice;
30.32(5) measures of student, family, and community involvement and satisfaction;
31.1(6) a data system about students and their academic progress that provides parents
31.2and the public with understandable information;
31.3(7) a teacher induction and mentoring program for probationary teachers that
31.4provides continuous learning and sustained teacher support; and
31.5(8) substantial participation by the exclusive representative of the teachers in
31.6developing the plan.
31.7EFFECTIVE DATE.This section is effective the day following final enactment
31.8and applies to plans developed in the 2009-2010 school year and later.

31.9    Sec. 19. Minnesota Statutes 2008, section 122A.414, subdivision 2, is amended to read:
31.10    Subd. 2. Alternative teacher professional pay system. (a) To participate in this
31.11program, a school district, intermediate school district, school site, or charter school must
31.12have an educational improvement plan under section 122A.413 and an alternative teacher
31.13professional pay system agreement under paragraph (b). A charter school participant also
31.14must comply with subdivision 2a.
31.15(b) The alternative teacher professional pay system agreement must:
31.16(1) describe how teachers can achieve career advancement and additional
31.17compensation;
31.18(2) describe how the school district, intermediate school district, school site, or
31.19charter school will provide teachers with career advancement options that allow teachers
31.20to retain primary roles in student instruction and facilitate site-focused professional
31.21development that helps other teachers improve their skills;
31.22(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
31.23paid before implementing the pay system from being reduced as a result of participating
31.24in this system, and base at least 60 percent of any compensation increase on teacher
31.25performance using:
31.26(i) schoolwide student achievement gains under section 120B.35 or locally selected
31.27standardized assessment outcomes, or both;
31.28(ii) measures of student achievement; and
31.29(iii) an objective evaluation program evidence of effective practice that includes:
31.30(A) individual teacher evaluations aligned with the educational improvement plan
31.31under section 122A.413 and the staff development plan under section 122A.60; and
31.32(B) objective evaluations using multiple criteria conducted by a locally selected and
31.33periodically trained evaluation team that understands teaching and learning reflection and
31.34growth in best teaching practices shown through support for student learning, collaborative
32.1work with colleagues, or continual professional learning, consistent with section 122A.18,
32.2subdivision 4, paragraph (b), clauses (1) to (3);
32.3(4) provide integrated ongoing site-based professional development activities to
32.4improve instructional skills and learning that are aligned with student needs under section
32.5122A.413 , consistent with the staff development plan under section 122A.60 and led
32.6during the school day by trained teacher leaders such as master or mentor teachers or
32.7peer coaches;
32.8(5) allow any teacher in a participating school district, intermediate school district,
32.9school site, or charter school that implements an alternative pay system to participate in
32.10that system without any quota or other limit; and
32.11(6) encourage collaboration rather than competition among teachers.
32.12EFFECTIVE DATE.This section is effective the day following final enactment
32.13and applies to all alternative teacher professional pay system agreements entered into or
32.14modified after that date.

32.15    Sec. 20. Minnesota Statutes 2008, section 122A.414, subdivision 2b, is amended to
32.16read:
32.17    Subd. 2b. Approval process. (a) Consistent with the requirements of this section
32.18and sections 122A.413 and 122A.415, the department must prepare and transmit to
32.19interested school districts, intermediate school districts, school sites, and charter schools
32.20a standard form for applying to participate in the alternative teacher professional pay
32.21system. The commissioner annually must establish three dates as deadlines by which
32.22interested applicants must submit an application to the commissioner under this section.
32.23An interested school district, intermediate school district, school site, or charter school
32.24must submit to the commissioner a completed application executed by the district
32.25superintendent and the exclusive bargaining representative of the teachers if the applicant
32.26is a school district, intermediate school district, or school site, or executed by the charter
32.27school board of directors if the applicant is a charter school. The application must include
32.28the proposed alternative teacher professional pay system agreement under subdivision
32.292. The department must convene a review committee that at least includes teachers
32.30and administrators a completed application within 30 days of receiving a completed
32.31application to the most recent application deadline and recommend to the commissioner
32.32whether to approve or disapprove the application. The commissioner must approve
32.33applications on a first-come, first-served basis. The applicant's alternative teacher
32.34professional pay system agreement must be legally binding on the applicant and the
32.35collective bargaining representative before the applicant receives alternative compensation
33.1revenue. The commissioner must approve or disapprove an application based on the
33.2requirements under subdivisions 2 and 2a.
33.3(b) If the commissioner disapproves an application, the commissioner must give the
33.4applicant timely notice of the specific reasons in detail for disapproving the application.
33.5The applicant may revise and resubmit its application and related documents to the
33.6commissioner within 30 days of receiving notice of the commissioner's disapproval and
33.7the commissioner must approve or disapprove the revised application, consistent with this
33.8subdivision. Applications that are revised and then approved are considered submitted on
33.9the date the applicant initially submitted the application.
33.10EFFECTIVE DATE.This section is effective the day following final enactment
33.11and applies to all applications submitted after that date.

33.12    Sec. 21. Minnesota Statutes 2008, section 122A.60, subdivision 2, is amended to read:
33.13    Subd. 2. Contents of the plan. The plan must include the staff development
33.14outcomes under subdivision 3, the means to achieve the outcomes, and procedures for
33.15evaluating progress at each school site toward meeting education outcomes., consistent
33.16with relicensure requirements under section 122A.18, subdivision 2, paragraph (b). The
33.17plan also must:
33.18(1) support stable and productive professional communities achieved through
33.19ongoing and schoolwide progress and growth in teaching practice;
33.20(2) emphasize coaching, professional learning communities, classroom action
33.21research, and other job-embedded models;
33.22(3) maintain a strong subject matter focus premised on students' learning goals;
33.23(4) ensure specialized preparation and learning about issues related to teaching
33.24students with special needs and limited English proficiency; and
33.25(5) reinforce national and state standards of effective teaching practice.
33.26EFFECTIVE DATE.This section is effective for the 2009-2010 school year and
33.27later.

33.28    Sec. 22. Minnesota Statutes 2008, section 123A.05, is amended to read:
33.29123A.05 AREA LEARNING CENTER STATE-APPROVED ALTERNATIVE
33.30PROGRAM ORGANIZATION.
33.31    Subdivision 1. Governance. (a) A district may establish an area learning center
33.32either by itself or in cooperation with other districts, alternative learning program, or
33.33contract alternative in accordance with sections 124D.68, subdivision 3, paragraph (d),
33.34and 124D.69.
34.1(b) An area learning center is encouraged to cooperate with a service cooperative, an
34.2intermediate school district, a local education and employment transitions partnership,
34.3public and private secondary and postsecondary institutions, public agencies, businesses,
34.4and foundations. Except for a district located in a city of the first class, a an area
34.5learning center must be established in cooperation with other districts and must serve
34.6the geographic area of at least two districts. An area learning center must provide
34.7comprehensive educational services to enrolled secondary students throughout the year,
34.8including a daytime school within a school or separate site for both high school and
34.9middle school level students.
34.10(c) An alternative learning program may serve the students of one or more districts,
34.11may designate which grades are served, and may make program hours and a calendar
34.12optional.
34.13(d) A contract alternative is an alternative learning program operated by a private
34.14organization that has contracted with a school district to provide educational services for
34.15students under section 124D.68, subdivision 2.
34.16    Subd. 2. Reserve revenue. Each district that is a member of an area learning center
34.17or alternative learning program must reserve revenue in an amount equal to the sum of (1)
34.18at least 90 percent of the district average general education revenue per pupil unit minus
34.19an amount equal to the product of the formula allowance according to section 126C.10,
34.20subdivision 2 , times .0485, calculated without basic skills revenue and transportation
34.21sparsity revenue, times the number of pupil units attending an area learning center or
34.22alternative learning program under this section, plus (2) the amount of basic skills revenue
34.23generated by pupils attending the area learning center or alternative learning program. The
34.24amount of reserved revenue under this subdivision may only be spent on program costs
34.25associated with the area learning center or alternative learning program.
34.26    Subd. 3. Access to services. A center state-approved alternative program shall have
34.27access to the district's regular education programs, special education programs, technology
34.28facilities, and staff. It may contract with individuals or postsecondary institutions. It shall
34.29seek the involvement of community education programs, postsecondary institutions,
34.30interagency collaboratives, culturally based organizations, mutual assistance associations,
34.31and other community resources, businesses, and other federal, state, and local public
34.32agencies.
34.33    Subd. 4. Nonresident pupils. A pupil who does not reside in the district may
34.34attend a center state-approved alternative program without consent of the school board of
34.35the district of residence.

35.1    Sec. 23. Minnesota Statutes 2008, section 123A.06, is amended to read:
35.2123A.06 CENTER STATE-APPROVED ALTERNATIVE PROGRAMS AND
35.3SERVICES.
35.4    Subdivision 1. Program focus. (a) The programs and services of a center
35.5state-approved alternative program must focus on academic and learning skills, applied
35.6learning opportunities, trade and vocational skills, work-based learning opportunities,
35.7work experience, youth service to the community, transition services, and English
35.8language and literacy programs for children whose primary language is a language other
35.9than English. Applied learning, work-based learning, and service learning may best be
35.10developed in collaboration with a local education and transitions partnership, culturally
35.11based organizations, mutual assistance associations, or other community resources.
35.12In addition to offering programs, the center state-approved alternative program shall
35.13coordinate the use of other available educational services, special education services,
35.14social services, health services, and postsecondary institutions in the community and
35.15services area.
35.16(b) Consistent with the requirements of sections 121A.40 to 121A.56, a school
35.17district may provide an alternative education program for a student who is within the
35.18compulsory attendance age under section 120A.20, and who is involved in severe or
35.19repeated disciplinary action.
35.20    Subd. 2. People to be served. A center state-approved alternative program shall
35.21provide programs for secondary pupils and adults. A center may also provide programs
35.22and services for elementary and secondary pupils who are not attending the center
35.23state-approved alternative program to assist them in being successful in school. A center
35.24shall use research-based best practices for serving limited English proficient students and
35.25their parents. An individual education plan team may identify a center state-approved
35.26alternative program as an appropriate placement to the extent a center state-approved
35.27alternative program can provide the student with the appropriate special education services
35.28described in the student's plan. Pupils eligible to be served are those who qualify under
35.29the graduation incentives program in section 124D.68, subdivision 2, those enrolled
35.30under section 124D.02, subdivision 2, or those pupils who are eligible to receive special
35.31education services under sections 125A.03 to 125A.24, and 125A.65.
35.32    Subd. 3. Hours of instruction exemption. Notwithstanding any law to the contrary,
35.33the area learning center programs must be available throughout the entire year. A center
35.34may petition the state board under Minnesota Rules, part 3500.1000, for exemption from
35.35other rules.
36.1    Subd. 4. Granting a diploma. Upon successful completion of the area learning
36.2center program, a pupil is entitled to receive a high school diploma. The pupil may elect
36.3to receive a diploma from either the district of residence or the district in which the area
36.4learning center is located.

36.5    Sec. 24. Minnesota Statutes 2008, section 123A.08, is amended to read:
36.6123A.08 CENTER STATE-APPROVED ALTERNATIVE PROGRAM
36.7 FUNDING.
36.8    Subdivision 1. Outside sources for resources and services. A center
36.9state-approved alternative program may accept:
36.10(1) resources and services from postsecondary institutions serving center
36.11state-approved alternative program pupils;
36.12(2) resources from Job Training Partnership Workforce Investment Act programs,
36.13including funding for jobs skills training for various groups and the percentage reserved
36.14for education;
36.15(3) resources from the Department of Human Services and county welfare funding;
36.16(4) resources from a local education and employment transitions partnership; or
36.17(5) private resources, foundation grants, gifts, corporate contributions, and other
36.18grants.
36.19    Subd. 2. General education aid. Payment of general education aid for nonresident
36.20pupils enrolled in the center area learning centers and alternative learning programs must
36.21be made according to section 127A.47, subdivision 7.
36.22    Subd. 3. Special education revenue. Payment of special education revenue for
36.23nonresident pupils enrolled in the center state-approved alternative program must be made
36.24according to section 125A.15 127A.47, subdivision 7.

36.25    Sec. 25. Minnesota Statutes 2008, section 123B.03, subdivision 1, is amended to read:
36.26    Subdivision 1. Background check required. (a) A school hiring authority shall
36.27request a criminal history background check from the superintendent of the Bureau of
36.28Criminal Apprehension on all individuals who are offered employment in a school and
36.29on all individuals, except enrolled student volunteers, who are offered the opportunity to
36.30provide athletic coaching services or other extracurricular academic coaching services
36.31to a school, regardless of whether any compensation is paid. In order for an individual
36.32to be eligible for employment or to provide the services, the individual must provide an
36.33executed criminal history consent form and a money order or check payable to either the
36.34Bureau of Criminal Apprehension or the school hiring authority, at the discretion of the
37.1school hiring authority, in an amount equal to the actual cost to the Bureau of Criminal
37.2Apprehension and the school district of conducting the criminal history background
37.3check. A school hiring authority deciding to receive payment may, at its discretion, accept
37.4payment in the form of a negotiable instrument other than a money order or check and
37.5shall pay the superintendent of the Bureau of Criminal Apprehension directly to conduct
37.6the background check. The superintendent of the Bureau of Criminal Apprehension shall
37.7conduct the background check by retrieving criminal history data maintained in the
37.8criminal justice information system computers. A school hiring authority, at its discretion,
37.9may decide not to request a criminal history background check on an individual who holds
37.10an initial entrance license issued by the State Board of Teaching or the commissioner of
37.11education within the 12 months preceding an offer of employment.
37.12    (b) A school hiring authority may use the results of a criminal background check
37.13conducted at the request of another school hiring authority if:
37.14    (1) the results of the criminal background check are on file with the other school
37.15hiring authority or otherwise accessible;
37.16    (2) the other school hiring authority conducted a criminal background check within
37.17the previous 12 months;
37.18    (3) the individual who is the subject of the criminal background check executes a
37.19written consent form giving a school hiring authority access to the results of the check; and
37.20    (4) there is no reason to believe that the individual has committed an act subsequent
37.21to the check that would disqualify the individual for employment.
37.22    (c) A school hiring authority may, at its discretion, request a criminal history
37.23background check from the superintendent of the Bureau of Criminal Apprehension on
37.24any individual who seeks to enter a school or its grounds for the purpose of serving as a
37.25school volunteer or working as an independent contractor or student employee. In order
37.26for an individual to enter a school or its grounds under this paragraph when the school
37.27hiring authority decides to request a criminal history background check on the individual,
37.28the individual first must provide an executed criminal history consent form and a money
37.29order, check, or other negotiable instrument payable to the school district in an amount
37.30equal to the actual cost to the Bureau of Criminal Apprehension and the school district
37.31of conducting the criminal history background check. Notwithstanding section 299C.62,
37.32subdivision 1 , the cost of the criminal history background check under this paragraph is
37.33the responsibility of the individual A school hiring authority may decide to pay the cost of
37.34conducting a background check under this paragraph, in which case the individual who is
37.35the subject of the background check need not pay for the background check.
38.1    (d) For all nonstate residents who are offered employment in a school, a school
38.2hiring authority shall request a criminal history background check on such individuals
38.3from the superintendent of the Bureau of Criminal Apprehension and from the government
38.4agency performing the same function in the resident state or, if no government entity
38.5performs the same function in the resident state, from the Federal Bureau of Investigation.
38.6Such individuals must provide an executed criminal history consent form and a money
38.7order, check, or other negotiable instrument payable to the school hiring authority in an
38.8amount equal to the actual cost to the government agencies and the school district of
38.9conducting the criminal history background check. Notwithstanding section 299C.62,
38.10subdivision 1 , the cost of the criminal history background check under this paragraph is
38.11the responsibility of the individual.
38.12    (e) At the beginning of each school year or when a student enrolls, a school hiring
38.13authority must notify parents and guardians about the school hiring authority's policy
38.14requiring a criminal history background check on employees and other individuals who
38.15provide services to the school, and identify those positions subject to a background check
38.16and the extent of the hiring authority's discretion in requiring a background check. The
38.17school hiring authority may include the notice in the student handbook, a school policy
38.18guide, or other similar communication. Nothing in this paragraph affects a school hiring
38.19authority's ability to request a criminal history background check on an individual under
38.20paragraph (c).
38.21EFFECTIVE DATE.This section is effective the day following final enactment.

38.22    Sec. 26. Minnesota Statutes 2008, section 123B.51, is amended by adding a
38.23subdivision to read:
38.24    Subd. 5a. Temporary closing. A school district that proposes to temporarily close a
38.25schoolhouse or that intends to lease the facility to another entity for use as a schoolhouse
38.26for three or fewer years is not subject to subdivision 5 if the school board holds a public
38.27meeting and allows public comment on the schoolhouse's future.
38.28EFFECTIVE DATE.This section is effective the day following final enactment.

38.29    Sec. 27. Minnesota Statutes 2008, section 124D.095, subdivision 2, is amended to read:
38.30    Subd. 2. Definitions. For purposes of this section, the following terms have the
38.31meanings given them.
38.32    (a) "Online learning" is an interactive course or program that delivers instruction
38.33from a teacher to a student by computer; is combined with other traditional delivery
39.1methods that include frequent student assessment and may include actual teacher contact
39.2time; and meets or exceeds state academic standards.
39.3    (b) "Online learning provider" is a school district, an intermediate school district, an
39.4organization of two or more school districts operating under a joint powers agreement, or
39.5a charter school located in Minnesota that provides online learning to students.
39.6    (c) "Student" is a Minnesota resident enrolled in a school under section 120A.22,
39.7subdivision 4 , in kindergarten through grade 12.
39.8    (d) "Online learning student" is a student enrolled in an online learning course or
39.9program delivered by an online provider under paragraph (b).
39.10    (e) "Enrolling district" means the school district or charter school in which a student
39.11is enrolled under section 120A.22, subdivision 4, for purposes of compulsory attendance.
39.12    (f) "Supplemental online learning" means an online course taken in place of a course
39.13period during the regular school day at a local district school.
39.14    (g) "Full-time online provider" means an enrolling school authorized by the
39.15department to deliver comprehensive public education at any or all of the elementary,
39.16middle, or high school levels.
39.17(h) "Supplemental online course syllabus" is a written document that an online
39.18learning provider makes available to the enrolling district using a format prescribed by the
39.19commissioner to identify the state academic standards embedded in a supplemental online
39.20course, the course content outline, required course assessments, expectations for actual
39.21teacher contact time and other student-to-teacher communications, and academic support
39.22available to the online learning student.

39.23    Sec. 28. Minnesota Statutes 2008, section 124D.095, subdivision 3, is amended to read:
39.24    Subd. 3. Authorization; notice; limitations on enrollment. (a) A student may
39.25apply for full-time enrollment in an approved online learning program under section
39.26124D.03 , 124D.08 or 124D.10, or for supplemental online learning. Notwithstanding
39.27sections 124D.03, 124D.08, and 124D.10, procedures for enrolling in supplemental online
39.28learning shall be as provided in this subdivision. A student age 17 or younger must
39.29have the written consent of a parent or guardian to apply. No school district or charter
39.30school may prohibit a student from applying to enroll in online learning. In order that a
39.31student may enroll in online learning, the student and the student's parents must submit an
39.32application to the online learning provider and identify the reason for enrolling in online
39.33learning. The online learning provider that accepts a student under this section must within
39.34ten days notify the student and the enrolling district in writing if the enrolling district is
39.35not the online learning provider. The student and family must notify the online learning
40.1provider of their intent to enroll in online learning within ten days of acceptance, at which
40.2time the student and parent must sign a statement of assurance that they have reviewed the
40.3online course or program and understand the expectations of online learning enrollment.
40.4The online learning provider must notify the enrolling district of the student's enrollment
40.5application to enroll in online learning in writing on a form provided by the department.
40.6    (b) Supplemental online learning notification to the enrolling district upon student
40.7enrollment in application to the online learning program provider will include the courses
40.8or program, credits to be awarded, and the start date of online enrollment, and confirmation
40.9that the courses will meet the student's graduation plan. An online learning provider must
40.10provide the enrolling district with a supplemental online course syllabus. Within 15 days
40.11after the online learning provider makes the supplemental online course syllabus available
40.12to the enrolling district, the enrolling district must notify the online provider whether or
40.13not the student, parent or guardian, and enrolling district agree that the course meets the
40.14enrolling district's graduation requirements. If the enrolling district denies that the course
40.15meets its graduation requirements, a student may enroll in the course and receive course
40.16credit but the student does not satisfy the graduation requirements of the enrolling district
40.17with that course. A student who satisfactorily completes an online learning course or
40.18program that meets or exceeds a graduation standard or grade progression requirements of
40.19the enrolling district based on the online provider's supplemental online course syllabus
40.20meets the corresponding graduation requirements applicable to the student in the enrolling
40.21district. A student may enroll in supplemental online learning courses up to the midpoint
40.22of the enrolling district's term. The enrolling district may waive this requirement for
40.23special circumstances and upon acceptance by the online provider.
40.24     (c) An online learning provider must notify the commissioner that it is delivering
40.25online learning and report the number of online learning students it is accepting and the
40.26online learning courses and programs it is delivering.
40.27     (d) An online learning provider may limit enrollment if the provider's school board
40.28or board of directors adopts by resolution specific standards for accepting and rejecting
40.29students' applications.
40.30     (e) An enrolling district may reduce an online learning student's regular classroom
40.31instructional membership in proportion to the student's membership in online learning
40.32courses.
40.33    (f) The online provider must report or provide access to information on an individual
40.34student's progress and accumulated credit to the student, parent or guardian, and enrolling
40.35district in a manner specified by the commissioner unless another manner is agreed upon
40.36by the enrolling district and the online provider and submitted to the commissioner. The
41.1enrolling district must designate a contact person to assist in facilitating and monitoring
41.2the student's progress and accumulated credit towards graduation.

41.3    Sec. 29. Minnesota Statutes 2008, section 124D.095, subdivision 4, is amended to read:
41.4    Subd. 4. Online learning parameters. (a) An online learning student must receive
41.5academic credit for completing the requirements of an online learning course or program.
41.6Secondary credits granted to an online learning student must be counted toward the
41.7graduation and credit requirements of the enrolling district. An online learning provider
41.8must make available to the enrolling district the course syllabus, standard alignment,
41.9content outline, assessment requirements, and contact information for supplemental online
41.10courses taken by students in the enrolling district. The enrolling district must apply the
41.11same graduation requirements to all students, including online learning students, and
41.12must continue to provide nonacademic services to online learning students. If a student
41.13completes an online learning course or program that meets or exceeds a graduation
41.14standard or grade progression requirement at the enrolling district, that standard or
41.15requirement is met. The enrolling district must use the same criteria for accepting online
41.16learning credits or courses as it does for accepting credits or courses for transfer students
41.17under section 124D.03, subdivision 9. The enrolling district may reduce the course
41.18schedule of an online learning student in proportion to the number of online learning
41.19courses the student takes from an online learning provider that is not the enrolling district.
41.20    (b) An online learning student may:
41.21    (1) enroll in supplemental online learning courses during a single school year to a
41.22maximum of 50 percent of the student's full schedule of courses per term. A student may
41.23exceed the supplemental online learning registration limit if the enrolling district grants
41.24permission for supplemental online learning enrollment above the limit, or if an agreement
41.25is made between the enrolling district and the online learning provider for instructional
41.26services;
41.27    (2) complete course work at a grade level that is different from the student's current
41.28grade level; and
41.29    (3) enroll in additional courses with the online learning provider under a separate
41.30agreement that includes terms for payment of any tuition or course fees.
41.31    (c) An online learning student has the same access to the computer hardware and
41.32education software available in a school as all other students in the enrolling district. An
41.33online learning provider must assist an online learning student whose family qualifies
41.34for the education tax credit under section 290.0674 to acquire computer hardware and
41.35educational software for online learning purposes.
42.1    (d) An enrolling district may offer online learning to its enrolled students. Such
42.2online learning does not generate online learning funds under this section. An enrolling
42.3district that offers online learning only to its enrolled students is not subject to the
42.4reporting requirements or review criteria under subdivision 7, unless the enrolling district
42.5is a full-time online provider. A teacher with a Minnesota license must assemble and
42.6deliver instruction to enrolled students receiving online learning from an enrolling district
42.7. The delivery of instruction occurs when the student interacts with the computer or the
42.8teacher and receives ongoing assistance and assessment of learning. The instruction may
42.9include curriculum developed by persons other than a teacher with a Minnesota license.
42.10    (e) An Both full-time and supplemental online learning provider that is not the
42.11enrolling district is providers are subject to the reporting requirements and review criteria
42.12under subdivision 7. A teacher with a Minnesota license must assemble and deliver
42.13instruction to online learning students. The delivery of instruction occurs when the student
42.14interacts with the computer or the teacher and receives ongoing assistance and assessment
42.15of learning. The instruction may include curriculum developed by persons other than a
42.16teacher with a Minnesota license. Unless the commissioner grants a waiver, a teacher
42.17providing online learning instruction must not instruct more than 40 students in any one
42.18online learning course or program.
42.19    (f) To enroll in more than 50 percent of the student's full schedule of courses per term
42.20in online learning, the student must qualify to exceed the supplemental online learning
42.21registration limit under paragraph (b) or apply for enrollment to an approved full-time
42.22online learning program following appropriate procedures in subdivision 3, paragraph (a).
42.23Full-time online learning students may enroll in classes at a local school per contract for
42.24instructional services between the online learning provider and the school district.

42.25    Sec. 30. Minnesota Statutes 2008, section 124D.095, subdivision 7, is amended to read:
42.26    Subd. 7. Department of Education. (a) The department must review and
42.27certify online learning providers. The online learning courses and programs must be
42.28rigorous, aligned with state academic standards, and contribute to grade progression
42.29in a single subject. Online learning providers must demonstrate to the commissioner
42.30that online learning courses have equivalent standards or instruction, curriculum, and
42.31assessment requirements as other courses offered to enrolled students. The online learning
42.32provider must also demonstrate expectations for actual teacher contact time or other
42.33student-to-teacher communication The online provider must provide a written statement
42.34indicating that all courses meet state academic standards, and also demonstrate that
42.35the substance of the supplemental online course syllabus meets nationally recognized
43.1professional standards, consistent with the commissioner's requirements. Once an online
43.2learning provider is approved under this paragraph, all of its online learning course
43.3offerings are eligible for payment under this section unless a course is successfully
43.4challenged by an enrolling district or the department under paragraph (b).
43.5    (b) An enrolling district may challenge the validity of a course offered by an online
43.6learning provider. The department must review such challenges based on the certification
43.7procedures under paragraph (a). The department may initiate its own review of the validity
43.8of an online learning course offered by an online learning provider.
43.9    (c) The department may collect a fee not to exceed $250 for certifying online
43.10learning providers or $50 per course for reviewing a challenge by an enrolling district.
43.11    (d) The department must develop, publish, and maintain a list of approved online
43.12learning providers and online learning courses and programs that it has reviewed and
43.13certified.

43.14    Sec. 31. Minnesota Statutes 2008, section 124D.095, subdivision 10, is amended to
43.15read:
43.16    Subd. 10. Online Learning Advisory Council. (a) An Online Learning Advisory
43.17Council is established under section 15.059, except that the term for each council member
43.18shall be three years. The advisory council is composed of 12 members from throughout
43.19the state who have demonstrated experience with or interest in online learning. The
43.20members of the council shall be appointed by the commissioner. The advisory council
43.21shall bring to the attention of the commissioner any matters related to online learning and
43.22provide input to the department in matters related, but not restricted, to:
43.23(1) quality assurance;
43.24(2) teacher qualifications;
43.25(3) program approval;
43.26(4) special education;
43.27(5) attendance;
43.28(6) program design and requirements; and
43.29(7) fair and equal access to programs.
43.30(b) Notwithstanding section 15.059, subdivision 5, the Online Learning Advisory
43.31Council under this subdivision expires June 30, 2008 2013.
43.32EFFECTIVE DATE.This section is effective the day following final enactment.

43.33    Sec. 32. Minnesota Statutes 2008, section 124D.128, subdivision 2, is amended to read:
44.1    Subd. 2. Commissioner designation. (a) An area learning center A state-approved
44.2alternative program designated by the state must be a site. An area learning center A
44.3state-approved alternative program must provide services to students who meet the criteria
44.4in section 124D.68 and who are enrolled in:
44.5    (1) a district that is served by the center state-approved alternative program; or
44.6    (2) a charter school located within the geographic boundaries of a district that is
44.7served by the center state-approved alternative program.
44.8    (b) A school district or charter school may be approved biennially by the state to
44.9provide additional instructional programming that results in grade level acceleration. The
44.10program must be designed so that students make grade progress during the school year
44.11and graduate prior to the students' peers.
44.12    (c) To be designated, a district, charter school, or center state-approved alternative
44.13program must demonstrate to the commissioner that it will:
44.14    (1) provide a program of instruction that permits pupils to receive instruction
44.15throughout the entire year; and
44.16    (2) develop and maintain a separate record system that, for purposes of section
44.17126C.05 , permits identification of membership attributable to pupils participating in the
44.18program. The record system and identification must ensure that the program will not have
44.19the effect of increasing the total average daily membership attributable to an individual
44.20pupil as a result of a learning year program. The record system must include the date the
44.21pupil originally enrolled in a learning year program, the pupil's grade level, the date of
44.22each grade promotion, the average daily membership generated in each grade level, the
44.23number of credits or standards earned, and the number needed to graduate.
44.24    (d) A student who has not completed a school district's graduation requirements
44.25may continue to enroll in courses the student must complete in order to graduate until
44.26the student satisfies the district's graduation requirements or the student is 21 years old,
44.27whichever comes first.

44.28    Sec. 33. Minnesota Statutes 2008, section 124D.128, subdivision 3, is amended to read:
44.29    Subd. 3. Student planning. A district, charter school, or area learning center
44.30state-approved alternative program must inform all pupils and their parents about the
44.31learning year program and that participation in the program is optional. A continual
44.32learning plan must be developed at least annually for each pupil with the participation
44.33of the pupil, parent or guardian, teachers, and other staff; each participant must sign and
44.34date the plan. The plan must specify the learning experiences that must occur during the
45.1entire fiscal year and are necessary for grade progression or, for secondary students,
45.2graduation. The plan must include:
45.3    (1) the pupil's learning objectives and experiences, including courses or credits the
45.4pupil plans to complete each year and, for a secondary pupil, the graduation requirements
45.5the student must complete;
45.6    (2) the assessment measurements used to evaluate a pupil's objectives;
45.7    (3) requirements for grade level or other appropriate progression; and
45.8    (4) for pupils generating more than one average daily membership in a given grade,
45.9an indication of which objectives were unmet.
45.10The plan may be modified to conform to district schedule changes. The district may
45.11not modify the plan if the modification would result in delaying the student's time of
45.12graduation.

45.13    Sec. 34. Minnesota Statutes 2008, section 124D.68, subdivision 2, is amended to read:
45.14    Subd. 2. Eligible pupils. A pupil under the age of 21 or who meets the requirements
45.15of section 120A.20, subdivision 1, paragraph (c), is eligible to participate in the graduation
45.16incentives program, if the pupil:
45.17(1) performs substantially below the performance level for pupils of the same age
45.18in a locally determined achievement test;
45.19(2) is at least one year behind in satisfactorily completing coursework or obtaining
45.20credits for graduation;
45.21(3) is pregnant or is a parent;
45.22(4) has been assessed as chemically dependent;
45.23(5) has been excluded or expelled according to sections 121A.40 to 121A.56;
45.24(6) has been appropriately referred in accordance with section 124D.68, subdivision
45.251, by a school district for enrollment in an eligible program or a program pursuant to
45.26section 124D.69;
45.27(7) is a victim of physical or sexual abuse;
45.28(8) has experienced mental health problems;
45.29(9) has experienced homelessness sometime within six months before requesting a
45.30transfer to an eligible program;
45.31(10) speaks English as a second language or has limited English proficiency; or
45.32(11) has withdrawn from school or has been chronically truant; or
45.33(12) is being treated in a hospital in the seven-county metropolitan area for cancer or
45.34other life threatening illness or is the sibling of an eligible pupil who is being currently
46.1treated, and resides with the pupil's family at least 60 miles beyond the outside boundary
46.2of the seven-county metropolitan area.

46.3    Sec. 35. Minnesota Statutes 2008, section 124D.68, subdivision 3, is amended to read:
46.4    Subd. 3. Eligible programs. (a) A pupil who is eligible according to subdivision 2
46.5may enroll in area learning centers a state-approved alternative program under sections
46.6123A.05 to 123A.08.
46.7(b) A pupil who is eligible according to subdivision 2 and who is between the ages
46.8of 16 and 21 a high school junior or senior may enroll in postsecondary courses under
46.9section 124D.09.
46.10(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary
46.11or secondary education program.
46.12(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic,
46.13nonsectarian school that has contracted with the serving school district to provide
46.14educational services. However, notwithstanding other provisions of this section, only a
46.15pupil who is eligible under subdivision 2, clause (12), may enroll in a contract alternative
46.16school that is specifically structured to provide educational services to such a pupil.
46.17(e) A pupil who is between the ages of 16 and 21 may enroll in any adult basic
46.18education programs approved under section 124D.52 and operated under the community
46.19education program contained in section 124D.19.

46.20    Sec. 36. Minnesota Statutes 2008, section 124D.68, subdivision 4, is amended to read:
46.21    Subd. 4. Additional eligible program. A pupil who is at least 16 years of age,
46.22who is eligible under subdivision 2, clause (a), and who has been enrolled only in a
46.23public school, if the pupil has been enrolled in any school, during the year immediately
46.24before transferring under this subdivision, may transfer to any nonpublic school that has
46.25contracted with the serving school district to provide nonsectarian educational services.
46.26The school must enroll every eligible pupil who seeks to transfer to the school under
46.27this program subject to available space.

46.28    Sec. 37. Minnesota Statutes 2008, section 124D.68, subdivision 5, is amended to read:
46.29    Subd. 5. Pupil enrollment. Any eligible pupil may apply to enroll in an eligible
46.30program. Approval of the resident district is not required for:
46.31(1) an eligible pupil to enroll in any eligible program in a nonresident district
46.32under subdivision 3 or 4 or an area learning center a state-approved alternative program
46.33established under section 123A.05; or
47.1(2) an eligible pupil under subdivision 2, to enroll in an adult basic education
47.2program approved under section 124D.52.

47.3    Sec. 38. Minnesota Statutes 2008, section 124D.83, subdivision 4, is amended to read:
47.4    Subd. 4. Early childhood family education revenue. A school receiving aid
47.5under this section is eligible may apply annually to the commissioner to receive an early
47.6childhood family education revenue grant to provide early childhood family education
47.7programs for parents and children who are enrolled or eligible for enrollment in a federally
47.8recognized tribe. The revenue equals 1.5 times the statewide average expenditure per
47.9participant under section 124D.135, times the number of children and parents participating
47.10full time in the program. The program must grant must be used for programs and services
47.11that comply with section 124D.13, except that the school is not required to provide a
47.12community education program or establish a community education advisory council. The
47.13program must be designed to improve the skills of parents and promote American Indian
47.14history, language, and culture. The school must make affirmative efforts to encourage
47.15participation by fathers. Admission may not be limited to those enrolled in or eligible for
47.16enrollment in a federally recognized tribe.

47.17    Sec. 39. Minnesota Statutes 2008, section 126C.05, subdivision 15, is amended to read:
47.18    Subd. 15. Learning year pupil units. (a) When a pupil is enrolled in a learning
47.19year program under section 124D.128, an area learning center or an alternative learning
47.20program approved by the commissioner under sections 123A.05 and 123A.06, an
47.21alternative program approved by the commissioner, or a contract alternative program
47.22under section 124D.68, subdivision 3, paragraph (d), or subdivision 3a, for more than
47.231,020 hours in a school year for a secondary student, more than 935 hours in a school year
47.24for an elementary student, or more than 425 hours in a school year for a kindergarten
47.25student without a disability, that pupil may be counted as more than one pupil in average
47.26daily membership for purposes of section 126C.10, subdivision 2a. The amount in excess
47.27of one pupil must be determined by the ratio of the number of hours of instruction
47.28provided to that pupil in excess of: (i) the greater of 1,020 hours or the number of hours
47.29required for a full-time secondary pupil in the district to 1,020 for a secondary pupil; (ii)
47.30the greater of 935 hours or the number of hours required for a full-time elementary pupil
47.31in the district to 935 for an elementary pupil in grades 1 through 6; and (iii) the greater of
47.32425 hours or the number of hours required for a full-time kindergarten student without a
47.33disability in the district to 425 for a kindergarten student without a disability. Hours that
47.34occur after the close of the instructional year in June shall be attributable to the following
47.35fiscal year. A kindergarten student must not be counted as more than 1.2 pupils in average
48.1daily membership under this subdivision. A student in grades 1 through 12 must not be
48.2counted as more than 1.2 pupils in average daily membership under this subdivision.
48.3(b)(i) To receive general education revenue for a pupil in an area learning center
48.4or alternative learning program that has an independent study component, a district
48.5must meet the requirements in this paragraph. The district must develop, for the pupil,
48.6a continual learning plan consistent with section 124D.128, subdivision 3. Each school
48.7district that has a state-approved public an area learning center or alternative learning
48.8program must reserve revenue in an amount equal to at least 90 percent of the district
48.9average general education revenue per pupil unit less compensatory revenue per pupil
48.10unit, minus an amount equal to the product of the formula allowance according to section
48.11126C.10, subdivision 2, times .0485, calculated without basic skills and transportation
48.12sparsity revenue, times the number of pupil units generated by students attending a
48.13state-approved public an area learning center or alternative learning program. The amount
48.14of reserved revenue available under this subdivision may only be spent for program costs
48.15associated with the state-approved public area learning center or alternative learning
48.16program. Compensatory revenue must be allocated according to section 126C.15,
48.17subdivision 2 . Basic skills revenue generated according to section 126C.10, subdivision 4,
48.18by pupils attending the eligible program must be allocated to the program.
48.19(ii) General education revenue for a pupil in an approved a state-approved
48.20alternative program without an independent study component must be prorated for a
48.21pupil participating for less than a full year, or its equivalent. The district must develop a
48.22continual learning plan for the pupil, consistent with section 124D.128, subdivision 3.
48.23Each school district that has a state-approved public an area learning center or alternative
48.24learning program must reserve revenue in an amount equal to at least 90 percent of the
48.25district average general education revenue per pupil unit less compensatory revenue per
48.26pupil unit, minus an amount equal to the product of the formula allowance according
48.27to section 126C.10, subdivision 2, times .0485, calculated without basic skills and
48.28transportation sparsity revenue, times the number of pupil units generated by students
48.29attending a state-approved public an area learning center or alternative learning program.
48.30The amount of reserved revenue available under this subdivision may only be spent for
48.31program costs associated with the state-approved public area learning center or alternative
48.32learning program. Compensatory revenue must be allocated according to section 126C.15,
48.33subdivision 2 . Basic skills revenue generated according to section 126C.10, subdivision 4,
48.34by pupils attending the eligible program must be allocated to the program.
48.35(iii) General education revenue for a pupil in an a state-approved alternative program
48.36that has an independent study component must be paid for each hour of teacher contact
49.1time and each hour of independent study time completed toward a credit or graduation
49.2standards necessary for graduation. Average daily membership for a pupil shall equal the
49.3number of hours of teacher contact time and independent study time divided by 1,020.
49.4(iv) For an a state-approved alternative program having an independent study
49.5component, the commissioner shall require a description of the courses in the program, the
49.6kinds of independent study involved, the expected learning outcomes of the courses, and
49.7the means of measuring student performance against the expected outcomes.

49.8    Sec. 40. Minnesota Statutes 2008, section 126C.05, subdivision 20, is amended to read:
49.9    Subd. 20. Project-based average daily membership. (a) Project-based is an
49.10instructional program where students complete coursework for credit at an individual pace
49.11that is primarily student-led and may be completed on site, in the community, or online. A
49.12project-based program may be made available to all or designated students and grades
49.13in a school. To receive general education revenue for a pupil enrolled in a public school
49.14with a project-based program, a school must meet the requirements in this paragraph.
49.15The school must:
49.16(1) register with the commissioner as a project-based program by May 30 of the
49.17preceding fiscal year apply and receive approval from the commissioner as a project-based
49.18program at least 90 days prior to starting the program;
49.19(2) provide a minimum teacher contact of no less than one hour per week per
49.20project-based credit for each pupil;
49.21(3) ensure that the program will not increase the total average daily membership
49.22generated by the student and that there will be the expectation that the students will be
49.23making typical progression towards high school graduation;
49.24(3) (4) maintain a record system that shows when each credit or portion thereof was
49.25reported for membership for each pupil; and
49.26(4) (5) report pupil membership consistent with paragraph (b).
49.27(b) The commissioner must develop a formula for reporting pupil membership to
49.28compute average daily membership for each registered approved project-based school
49.29program. Average daily membership for a pupil in a registered an approved project-based
49.30program is the lesser of:
49.31(1) 1.0; or
49.32(2) the ratio of (i) the number of membership hours generated by project-based
49.33credits completed during the school year plus membership hours generated by credits
49.34completed in a seat-based setting to (ii) the annual required instructional hours at that
49.35grade level. Membership hours for a partially completed project-based credit must be
50.1prorated. General education revenue for a pupil in a project-based program must be
50.2prorated for a pupil participating for less than a full year, or its equivalent.
50.3(c) For a program that has not been approved by the commissioner for project-based
50.4learning but an auditor or other site visit deems that any portion or credits awarded by the
50.5school are project-based, student membership must be computed per paragraph (b).

50.6    Sec. 41. [127A.70] MINNESOTA P-20 EDUCATION PARTNERSHIP.
50.7    Subdivision 1. Establishment; membership. A P-20 education partnership is
50.8established to create a seamless system of education that maximizes achievements of
50.9all students, from early childhood through elementary, secondary, and postsecondary
50.10education, while promoting the efficient use of financial and human resources. The
50.11partnership shall consist of major statewide educational groups or constituencies or
50.12noneducational statewide organizations with a stated interest in P-20 education. The initial
50.13membership of the partnership includes the members serving on the Minnesota P-16
50.14Education Partnership and four legislators appointed as follows:
50.15    (1) one senator from the majority party and one senator from the minority party,
50.16appointed by the Subcommittee on Committees of the Committee on Rules and
50.17Administration; and
50.18    (2) one member of the house of representatives appointed by the speaker of the
50.19house and one member appointed by the minority leader of the house.
50.20    The chair of the P-16 education partnership must convene the first meeting of the
50.21P-20 partnership. Prospective members may be nominated by any partnership member and
50.22new members will be added with the approval of a two-thirds majority of the partnership.
50.23The partnership will also seek input from nonmember organizations whose expertise can
50.24help inform the partnership's work.
50.25    Partnership members shall be represented by the chief executives, presidents, or
50.26other formally designated leaders of their respective organizations, or their designees. The
50.27partnership shall meet at least three times during each calendar year.
50.28    Subd. 2. Powers and duties; report. The partnership shall develop
50.29recommendations to the governor and the legislature designed to maximize the
50.30achievement of all P-20 students while promoting the efficient use of state resources,
50.31thereby helping the state realize the maximum value for its investment. These
50.32recommendations may include, but are not limited to, strategies, policies, or other actions
50.33focused on:
50.34    (1) improving the quality of and access to education at all points from preschool
50.35through the graduate education;
51.1    (2) improving preparation for, and transitions to, postsecondary education and
51.2work; and
51.3    (3) ensuring educator quality by creating rigorous standards for teacher recruitment,
51.4teacher preparation, induction and mentoring of beginning teachers, and continuous
51.5professional development for career teachers.
51.6    By January 15 of each year, the partnership shall submit a report to the governor
51.7and to the chairs and ranking minority members of the legislative committees and
51.8divisions with jurisdiction over P-20 education policy and finance that summarizes the
51.9partnership's progress in meeting its goals and identifies the need for any draft legislation
51.10when necessary to further the goals of the partnership to maximize student achievement
51.11while promoting efficient use of resources.
51.12    Subd. 3. Expiration. Notwithstanding section 15.059, subdivision 5, the partnership
51.13is permanent and does not expire.

51.14    Sec. 42. Minnesota Statutes 2008, section 171.05, subdivision 2, is amended to read:
51.15    Subd. 2. Person less than 18 years of age. (a) Notwithstanding any provision
51.16in subdivision 1 to the contrary, the department may issue an instruction permit to an
51.17applicant who is 15, 16, or 17 years of age and who:
51.18(1) has completed a course of driver education in another state, has a previously
51.19issued valid license from another state, or is enrolled in either:
51.20(i) a public, private, or commercial driver education program that is approved by
51.21the commissioner of public safety and that includes classroom and behind-the-wheel
51.22training; or
51.23(ii) an approved behind-the-wheel driver education program when the student is
51.24receiving full-time instruction in a home school within the meaning of sections 120A.22
51.25and 120A.24, the student is working toward a homeschool diploma, the student's status
51.26as a homeschool student has been certified by the superintendent of the school district in
51.27which the student resides, and the student is taking home-classroom driver training with
51.28classroom materials approved by the commissioner of public safety, and the student's
51.29parent has certified the student's homeschool and home-classroom driver training status on
51.30the form approved by the commissioner;
51.31(2) has completed the classroom phase of instruction in the driver education program;
51.32(3) has passed a test of the applicant's eyesight;
51.33(4) has passed a department-administered test of the applicant's knowledge of traffic
51.34laws;
52.1(5) has completed the required application, which must be approved by (i) either
52.2parent when both reside in the same household as the minor applicant or, if otherwise, then
52.3(ii) the parent or spouse of the parent having custody or, in the event there is no court order
52.4for custody, then (iii) the parent or spouse of the parent with whom the minor is living
52.5or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or,
52.6in the event a person under the age of 18 has no living father, mother, or guardian, or is
52.7married or otherwise legally emancipated, then (v) the applicant's adult spouse, adult close
52.8family member, or adult employer; provided, that the approval required by this clause
52.9contains a verification of the age of the applicant and the identity of the parent, guardian,
52.10adult spouse, adult close family member, or adult employer; and
52.11(6) has paid the fee required in section 171.06, subdivision 2.
52.12(b) For the purposes of determining compliance with the certification of paragraph
52.13(a), clause (1), item (ii), the commissioner may request verification of a student's
52.14homeschool status from the superintendent of the school district in which the student
52.15resides and the superintendent shall provide that verification.
52.16(c) The instruction permit is valid for two years from the date of application and
52.17may be renewed upon payment of a fee equal to the fee for issuance of an instruction
52.18permit under section 171.06, subdivision 2.

52.19    Sec. 43. Minnesota Statutes 2008, section 171.17, subdivision 1, is amended to read:
52.20    Subdivision 1. Offenses. (a) The department shall immediately revoke the license
52.21of a driver upon receiving a record of the driver's conviction of:
52.22(1) manslaughter resulting from the operation of a motor vehicle or criminal
52.23vehicular homicide or injury under section 609.21;
52.24(2) a violation of section 169A.20 or 609.487;
52.25(3) a felony in the commission of which a motor vehicle was used;
52.26(4) failure to stop and disclose identity and render aid, as required under section
52.27169.09 , in the event of a motor vehicle accident, resulting in the death or personal injury
52.28of another;
52.29(5) perjury or the making of a false affidavit or statement to the department under
52.30any law relating to the application, ownership or operation of a motor vehicle, including
52.31on the certification required under section 171.05, subdivision 2, clause (1), item (ii), to
52.32issue an instruction permit to a homeschool student;
52.33(6) except as this section otherwise provides, three charges of violating within a
52.34period of 12 months any of the provisions of chapter 169 or of the rules or municipal
53.1ordinances enacted in conformance with chapter 169, for which the accused may be
53.2punished upon conviction by imprisonment;
53.3(7) two or more violations, within five years, of the misdemeanor offense described
53.4in section 169.444, subdivision 2, paragraph (a);
53.5(8) the gross misdemeanor offense described in section 169.444, subdivision 2,
53.6paragraph (b);
53.7(9) an offense in another state that, if committed in this state, would be grounds for
53.8revoking the driver's license; or
53.9(10) a violation of an applicable speed limit by a person driving in excess of 100
53.10miles per hour. The person's license must be revoked for six months for a violation of
53.11this clause, or for a longer minimum period of time applicable under section 169A.53,
53.12169A.54 , or 171.174.
53.13(b) The department shall immediately revoke the school bus endorsement of a driver
53.14upon receiving a record of the driver's conviction of the misdemeanor offense described in
53.15section 169.443, subdivision 7.

53.16    Sec. 44. Minnesota Statutes 2008, section 171.22, subdivision 1, is amended to read:
53.17    Subdivision 1. Violations. With regard to any driver's license, including a
53.18commercial driver's license, it shall be unlawful for any person:
53.19(1) to display, cause or permit to be displayed, or have in possession, any fictitious
53.20or fraudulently altered driver's license or Minnesota identification card;
53.21(2) to lend the person's driver's license or Minnesota identification card to any other
53.22person or knowingly permit the use thereof by another;
53.23(3) to display or represent as one's own any driver's license or Minnesota
53.24identification card not issued to that person;
53.25(4) to use a fictitious name or date of birth to any police officer or in any application
53.26for a driver's license or Minnesota identification card, or to knowingly make a false
53.27statement, or to knowingly conceal a material fact, or otherwise commit a fraud in any
53.28such application;
53.29(5) to alter any driver's license or Minnesota identification card;
53.30(6) to take any part of the driver's license examination for another or to permit
53.31another to take the examination for that person;
53.32(7) to make a counterfeit driver's license or Minnesota identification card;
53.33(8) to use the name and date of birth of another person to any police officer for the
53.34purpose of falsely identifying oneself to the police officer; or
54.1(9) to display as a valid driver's license any canceled, revoked, or suspended driver's
54.2license. A person whose driving privileges have been withdrawn may display a driver's
54.3license only for identification purposes; or
54.4(10) to submit a false affidavit or statement to the department on the certification
54.5required under section 171.05, subdivision 2, clause (1), item (ii), to issue an instruction
54.6permit to a homeschool student.

54.7    Sec. 45. Minnesota Statutes 2008, section 181A.05, subdivision 1, is amended to read:
54.8    Subdivision 1. When issued. Any minor 14 or 15 years of age who wishes to work
54.9on school days during school hours shall first secure an employment certificate. The
54.10certificate shall be issued only by the school district superintendent, the superintendent's
54.11agent, or some other person designated by the Board of Education, or by the person in
54.12charge of providing instruction for students enrolled in nonpublic schools as defined in
54.13section 120A.22, subdivision 4. The employment certificate shall be issued only for
54.14a specific position with a designated employer and shall be issued only in the following
54.15circumstances:
54.16(1) if a minor is to be employed in an occupation not prohibited by rules promulgated
54.17under section 181A.09 and as evidence thereof presents a signed statement from the
54.18prospective employer; and
54.19(2) if the parent or guardian of the minor consents to the employment; and
54.20(3) if the issuing officer believes the minor is physically capable of handling the job
54.21in question and further believes the best interests of the minor will be served by permitting
54.22the minor to work.

54.23    Sec. 46. IMPLEMENTING RIGOROUS COURSEWORK MEASURES
54.24RELATED TO STUDENT PERFORMANCE.
54.25    To implement the requirements of Minnesota Statutes, section 120B.35, subdivision
54.263, paragraph (c), clauses (1) and (2), and to help parents and members of the public better
54.27understand the reported data, the commissioner of education must convene a group
54.28of recognized and qualified experts and interested stakeholders, including parents and
54.29teachers among other stakeholders, to develop a model projecting anticipated performance
54.30of each high school on preparation and rigorous coursework measures that compares the
54.31school with similar schools. The model must use information about entering high school
54.32students based on particular background characteristics that are predictive of differing
54.33rates of college readiness. These characteristics include grade 8 achievement levels, high
54.34school student mobility, high school student attendance, and the size of each entering ninth
54.35grade class. The group of experts and stakeholders may examine other characteristics not
55.1part of the prediction model including the nine student categories identified under the
55.2federal 2001 No Child Left Behind Act, and two student gender categories of male and
55.3female, respectively. The commissioner annually must use the predicted level of entering
55.4students' performance to provide a context for interpreting graduating students' actual
55.5performance. The group convened under this section expires June 30, 2011.
55.6EFFECTIVE DATE.This section is effective the day following final enactment
55.7and applies to school report cards beginning July 1, 2011.

55.8    Sec. 47. IMPLEMENTING MEASURES FOR ASSESSING SCHOOL SAFETY
55.9AND STUDENTS' ENGAGEMENT AND CONNECTION AT SCHOOL .
55.10    (a) To implement the requirements of Minnesota Statutes, section 120B.35,
55.11subdivision 3, paragraph (d), the commissioner of education, in consultation with
55.12interested stakeholders, including parents and teachers among other stakeholders,
55.13must convene a group of recognized and qualified experts on student engagement and
55.14connection and classroom teachers currently teaching in Minnesota schools to:
55.15    (1) identify highly reliable variables of student engagement and connection that
55.16may include student attendance, home support for learning, and student participation in
55.17out-of-school activities, among other variables; and
55.18    (2) determine how to report "safety" in order to comply with federal law.
55.19    (b) The commissioner must submit a written report and all the group's working
55.20papers to the education committees of the house of representatives and senate by February
55.2115, 2010, presenting the group's responses to paragraph (a), clauses (1) and (2). The
55.22commissioner must submit a second, related report to the education committees of the
55.23legislature by February 15, 2013, indicating the content and analysis of and the format
55.24for reporting the data collected in the 2010-2011 and 2011-2012 school years under
55.25Minnesota Statutes, section 120B.35, subdivision 3, paragraph (d). The group convened
55.26under this section expires December 31, 2013.
55.27EFFECTIVE DATE.This section is effective the day following final enactment
55.28and applies to school report cards beginning July 1, 2013.

55.29    Sec. 48. EXAMINING THE CHARACTERISTICS AND IMPACT OF "HIGH
55.30STAKES" MATH AND SCIENCE TESTS IN THE CONTEXT OF AWARDING
55.31HIGH SCHOOL DIPLOMAS.
55.32(a) To carefully and responsibly determine the state policy of administering "high
55.33stakes" math and science tests in the context of awarding high school diplomas, the
55.34Independent Office of Educational Accountability under Minnesota Statutes, section
56.1120B.31, subdivision 3, must convene and facilitate an advisory group that includes
56.2measurement experts selected by the State Council on Measurement in Education,
56.3three regionally diverse school district research and evaluation directors selected by the
56.4Minnesota Assessment Group, one school superintendent selected by the Minnesota
56.5Association of School Administrators, one high school principal selected by the Minnesota
56.6Board of School Administrators, one University of Minnesota faculty member selected
56.7by the dean of the College of Education and Human Development, one licensed math
56.8teacher and one licensed science teacher selected by Education Minnesota, the director of
56.9evaluation and testing at the Minnesota Department of Education, two parents of currently
56.10enrolled high school students selected by the Minnesota Parent Teacher Association,
56.11one representative of the business community selected by the Minnesota Chamber of
56.12Commerce, one representative of the business community selected by the Minnesota
56.13Business Partnership, one representative of Minnesota's two-year postsecondary
56.14institutions selected by Minnesota State Colleges and Universities, one representative of
56.15Minnesota's four-year postsecondary institutions selected by the University of Minnesota,
56.16an interested member of the public, and mathematicians, scientists, and workforce
56.17development experts that the Office of Educational Accountability selects to consider and
56.18recommend how best to motivate students and improve students' academic achievement in
56.19the context of "high stakes" math and science exams required for high school graduation.
56.20The advisory group at least must evaluate and make recommendations on:
56.21(1) particular kinds of math and science exams that Minnesota might use as "high
56.22stakes" exams to award or deny students a high school diploma;
56.23(2) appropriate levels of high school math and science proficiency and the
56.24educational support to help students achieve those proficiency levels;
56.25(3) the relationship between math and science proficiency levels and state definitions
56.26of college and career readiness;
56.27(4) the interrelationship between requiring students to demonstrate math and science
56.28proficiency and college or career readiness, and awarding or denying students a high
56.29school diploma;
56.30(5) the interrelationship between "high stakes" testing and other coursework and
56.31credits required for graduation or college and career readiness; and
56.32(6) appropriate accommodations for students with individualized education plans
56.33and students with limited English proficiency in some circumstances.
56.34(b) The advisory group under paragraph (a) is not subject to Minnesota Statutes,
56.35section 15.059. The Office of Educational Accountability must present the advisory
56.36group's evaluation and recommendations under paragraph (a) to the education policy
57.1and finance committees of the legislature by February 15, 2010. The advisory group
57.2expires on June 1, 2010.
57.3EFFECTIVE DATE.This section is effective the day following final enactment.

57.4    Sec. 49. APPROPRIATION; OFFICE OF EDUCATIONAL ACCOUNTABILITY.
57.5$....... in fiscal year 2010 and $....... in fiscal year 2011 is appropriated from the
57.6general fund to the Board of Regents of the University of Minnesota for the Office of
57.7Educational Accountability under Minnesota Statutes, section 120B.31, subdivision 3.
57.8Any balance in the first year does not cancel but is available in the second year. The
57.9base appropriation for the Office of Educational Accountability in fiscal years 2010 and
57.102011 is $....... each year.

57.11    Sec. 50. REPEALER.
57.12Minnesota Statutes 2008, section 120B.362, is repealed the day following final
57.13enactment.


57.16    Section 1. Minnesota Statutes 2008, section 121A.41, subdivision 7, is amended to
57.17read:
57.18    Subd. 7. Pupil. "Pupil" means any student:
57.19(1) without a disability under 21 years of age old; or
57.20(2) with a disability until September 1 after the child with a disability becomes 22
57.21years of age under 21 years old who has not received a regular high school diploma or
57.22for a child with a disability who becomes 21 years old during the school year but has not
57.23received a regular high school diploma, until the end of that school year;
57.24(3) and who remains eligible to attend a public elementary or secondary school.

57.25    Sec. 2. Minnesota Statutes 2008, section 124D.60, subdivision 1, is amended to read:
57.26    Subdivision 1. Notice. Within ten 30 days after the enrollment of any pupil in an
57.27instructional program for limited English proficient students, the district in which the pupil
57.28resides must notify the parent by mail. This notice must:
57.29(1) be in writing in English and in the primary language of the pupil's parents;
57.30(2) inform the parents that their child has been enrolled in an instructional program
57.31for limited English proficient students;
57.32(3) contain a simple, nontechnical description of the purposes, method and content
57.33of the program;
58.1(4) inform the parents that they have the right to visit the educational program for
58.2limited English proficient students in which their child is enrolled;
58.3(5) inform the parents of the time and manner in which to request and receive a
58.4conference for the purpose of explaining the nature and purpose of the program; and
58.5(6) inform the parents of their rights to withdraw their child from an educational
58.6program for limited English proficient students and the time and manner in which to do so.
58.7The department shall, at the request of the district, prepare the notice in the primary
58.8language of the parent.

58.9    Sec. 3. Minnesota Statutes 2008, section 125A.02, is amended to read:
58.10125A.02 CHILD WITH A DISABILITY DEFINED.
58.11    Subdivision 1. Child with a disability. Every child who has Child with a disability
58.12means a child identified under federal and state special education law as having a hearing
58.13impairment, blindness, visual disability, speech or language impairment, physical
58.14disability, other health impairment, mental disability, emotional/behavioral disorder,
58.15specific learning disability, autism, traumatic brain injury, multiple disabilities, or
58.16deaf/blind disability and who needs special instruction and education and related services,
58.17as determined by the standards rules of the commissioner, is a child with a disability. A
58.18licensed physician, an advanced practice nurse, or a licensed psychologist is qualified
58.19to make a diagnosis and determination of attention deficit disorder or attention deficit
58.20hyperactivity disorder for purposes of identifying a child with a disability.
58.21    Subd. 1a. Children ages three through seven experiencing developmental
58.22delays. In addition, every child under age three, and at local district discretion from age
58.23three to age seven, who needs special instruction and services, as determined by the
58.24standards rules of the commissioner, because the child has a substantial delay or has
58.25an identifiable physical or mental condition known to hinder normal development is
58.26a child with a disability.
58.27    Subd. 2. Not a child with a disability. A child with a short-term or temporary
58.28physical or emotional illness or disability, as determined by the standards rules of the
58.29commissioner, is not a child with a disability.

58.30    Sec. 4. [125A.031] GENERAL SCHOOL DISTRICT OBLIGATIONS TO
58.31CHILDREN WITH DISABILITIES.
58.32(a) Except as specifically provided in other law, the following requirements
58.33governing school district obligations to children with disabilities apply.
59.1(b) A resident school district must identify, locate, and evaluate every child with
59.2a disability who is in need of special education and related services, including a child
59.3from birth to age 3.
59.4(c) A resident school district must make available a free appropriate public education
59.5to:
59.6(1) a child with a disability under 21 years old who has not received a regular high
59.7school diploma; and
59.8(2) for the duration of the school year, a child with a disability who becomes 21
59.9years old during that school year but has not received a regular high school diploma.
59.10(d) The resident school district must ensure that a child with a disability who is
59.11enrolled in a nonpublic school or facility receives special education and related services,
59.12consistent with the child's individualized education program, at no cost to the child's parent
59.13if the district places the child in the nonpublic school or facility to meet the requirements
59.14of this section or applicable federal law.
59.15(e) Consistent with the number of children with disabilities who are enrolled by their
59.16parents in a nonpublic school or facility located within a district, the district in which the
59.17nonpublic school or facility is located must ensure that those children have an opportunity
59.18to participate in special education and related services and that the amount the district
59.19spends to provide such services must be at least equal to the proportionate amount of
59.20federal funds made available under this chapter.
59.21EFFECTIVE DATE.This section is effective the day following final enactment.

59.22    Sec. 5. Minnesota Statutes 2008, section 125A.07, is amended to read:
59.23125A.07 RULES OF COMMISSIONER RULEMAKING.
59.24(a) As defined in Consistent with this paragraph section, the commissioner must
59.25shall adopt new rules and amend existing rules relative to qualifications of essential
59.26personnel, courses of study, methods of instruction, pupil eligibility, size of classes, rooms,
59.27equipment, supervision, parent consultation, and other necessary rules for instruction of
59.28children with a disability. These rules must provide standards and procedures appropriate
59.29for the implementation of and within the limitations of sections 125A.08 and 125A.091.
59.30These rules must also provide standards for the discipline, control, management, and
59.31protection of children with a disability. The commissioner must not adopt rules for pupils
59.32served primarily in the regular classroom establishing either case loads or the maximum
59.33number of pupils that may be assigned to special education teachers. The commissioner, in
59.34consultation with the Departments of Health and Human Services, must adopt permanent
59.35rules for instruction and services for children under age five and their families. These
60.1rules are binding on state and local education, health, and human services agencies. The
60.2commissioner must adopt rules to determine eligibility for special education services. The
60.3rules must include procedures and standards by which to grant variances for experimental
60.4eligibility criteria. The commissioner must, according to section 14.05, subdivision 4,
60.5notify a district applying for a variance from the rules within 45 calendar days of receiving
60.6the request whether the request for the variance has been granted or denied. If a request is
60.7denied, the commissioner must specify the program standards used to evaluate the request
60.8and the reasons for denying the request related to children with disabilities only under
60.9specific authority and consistent with the requirements of chapter 14 and paragraph (c).
60.10(b) As provided in this paragraph, the state's regulatory scheme should support
60.11schools by assuring that all state special education rules adopted by the commissioner
60.12result in one or more of the following outcomes:
60.13(1) increased time available to teachers and, where appropriate, to support staff
60.14including school nurses for educating students through direct and indirect instruction;
60.15(2) consistent and uniform access to effective education programs for students with
60.16disabilities throughout the state;
60.17(3) reduced inequalities and conflict, appropriate due process hearing procedures
60.18and reduced court actions related to the delivery of special education instruction and
60.19services for students with disabilities;
60.20(4) clear expectations for service providers and for students with disabilities;
60.21(5) increased accountability for all individuals and agencies that provide instruction
60.22and other services to students with disabilities;
60.23(6) greater focus for the state and local resources dedicated to educating students
60.24with disabilities; and
60.25(7) clearer standards for evaluating the effectiveness of education and support
60.26services for students with disabilities.
60.27(c) Subject to chapter 14, the commissioner may adopt, amend or rescind a rule
60.28related to children with disabilities if such action is specifically required by federal law.

60.29    Sec. 6. Minnesota Statutes 2008, section 125A.08, is amended to read:
60.30125A.08 SCHOOL DISTRICT OBLIGATIONS INDIVIDUALIZED
60.31EDUCATION PROGRAMS.
60.32(a) At the beginning of each school year, each school district shall have in effect, for
60.33each child with a disability, an individualized education program.
60.34(b) As defined in this section, every district must ensure the following:
61.1(1) all students with disabilities are provided the special instruction and services
61.2which are appropriate to their needs. Where the individual education plan team has
61.3determined appropriate goals and objectives based on the student's needs, including the
61.4extent to which the student can be included in the least restrictive environment, and Where
61.5there are essentially equivalent and effective instruction, related services, or assistive
61.6technology devices available to meet the student's needs, cost to the district may be among
61.7the factors considered by the team in choosing how to provide the appropriate services,
61.8instruction, or devices that are to be made part of the student's individual education plan.
61.9The individual education plan team shall consider and may authorize services covered
61.10by medical assistance according to section 256B.0625, subdivision 26. The student's
61.11needs and the special education instruction and services to be provided must be agreed
61.12upon through the development of an individual education plan. The plan must address
61.13the student's need to develop skills to live and work as independently as possible within
61.14the community. The individual education plan team must consider positive behavioral
61.15interventions, strategies, and supports that address behavior for children with attention
61.16deficit disorder or attention deficit hyperactivity disorder. By During grade 9 or age 14,
61.17the plan must address the student's needs for transition from secondary services to
61.18postsecondary education and training, employment, community participation, recreation,
61.19and leisure and home living. In developing the plan, districts must inform parents of the
61.20full range of transitional goals and related services that should be considered. The plan
61.21must include a statement of the needed transition services, including a statement of the
61.22interagency responsibilities or linkages or both before secondary services are concluded;
61.23(2) children with a disability under age five and their families are provided special
61.24instruction and services appropriate to the child's level of functioning and needs;
61.25(3) children with a disability and their parents or guardians are guaranteed procedural
61.26safeguards and the right to participate in decisions involving identification, assessment
61.27including assistive technology assessment, and educational placement of children with a
61.28disability;
61.29(4) eligibility and needs of children with a disability are determined by an initial
61.30assessment or reassessment, which may be completed using existing data under United
61.31States Code, title 20, section 33, et seq.;
61.32(5) to the maximum extent appropriate, children with a disability, including those
61.33in public or private institutions or other care facilities, are educated with children who
61.34are not disabled, and that special classes, separate schooling, or other removal of children
61.35with a disability from the regular educational environment occurs only when and to the
62.1extent that the nature or severity of the disability is such that education in regular classes
62.2with the use of supplementary services cannot be achieved satisfactorily;
62.3(6) in accordance with recognized professional standards, testing and evaluation
62.4materials, and procedures used for the purposes of classification and placement of children
62.5with a disability are selected and administered so as not to be racially or culturally
62.6discriminatory; and
62.7(7) the rights of the child are protected when the parents or guardians are not known
62.8or not available, or the child is a ward of the state.
62.9(b) (c) For paraprofessionals employed to work in programs for students with
62.10disabilities, the school board in each district shall ensure that:
62.11(1) before or immediately upon employment, each paraprofessional develops
62.12sufficient knowledge and skills in emergency procedures, building orientation, roles and
62.13responsibilities, confidentiality, vulnerability, and reportability, among other things, to
62.14begin meeting the needs of the students with whom the paraprofessional works;
62.15(2) annual training opportunities are available to enable the paraprofessional to
62.16continue to further develop the knowledge and skills that are specific to the students with
62.17whom the paraprofessional works, including understanding disabilities, following lesson
62.18plans, and implementing follow-up instructional procedures and activities; and
62.19(3) a districtwide process obligates each paraprofessional to work under the ongoing
62.20direction of a licensed teacher and, where appropriate and possible, the supervision of a
62.21school nurse.

62.22    Sec. 7. Minnesota Statutes 2008, section 125A.091, is amended to read:
62.23125A.091 ALTERNATIVE DISPUTE RESOLUTION AND DUE PROCESS
62.24HEARINGS.
62.25    Subdivision 1. District obligation. A school district must use the procedures in
62.26federal law and state law and rule to reach decisions about the identification, evaluation,
62.27educational placement, manifestation determination, interim alternative educational
62.28placement, or the provision of a free appropriate public education to a child with a
62.29disability.
62.30    Subd. 2. Prior written notice. A parent must receive prior written notice
62.31a reasonable time before the district proposes or refuses to initiate or change the
62.32identification, evaluation, educational placement, or the provision of a free appropriate
62.33public education to a child with a disability.
62.34    Subd. 3. Content of notice. The notice under subdivision 2 must:
62.35(1) describe the action the district proposes or refuses;
63.1(2) explain why the district proposes or refuses to take the action;
63.2(3) describe any other option the district considered and the reason why it rejected
63.3the option;
63.4(4) describe each evaluation procedure, test, record, or report the district used as a
63.5basis for the proposed or refused action;
63.6(5) describe any other factor affecting the proposal or refusal of the district to take
63.7the action;
63.8(6) state that the parent of a child with a disability is protected by procedural
63.9safeguards and, if this notice is not an initial referral for evaluation, how a parent can get a
63.10description of the procedural safeguards; and
63.11(7) identify where a parent can get help in understanding this law.
63.12    Subd. 3a. Additional requirements for prior written notice. In additional to
63.13federal law requirements, a prior written notice shall:
63.14(1) inform the parent that except for the initial placement of a child in special
63.15education, the school district will proceed with its proposal for the child's placement or
63.16for providing special education services unless the child's parent notifies the district of
63.17an objection within 14 days of when the district sends the prior written notice to the
63.18parent; and
63.19(2) state that a parent who objects to a proposal or refusal in the prior written notice
63.20may request a conciliation conference under subdivision 7 or another alternative dispute
63.21resolution procedure under subdivision 8 or 9.
63.22    Subd. 4. Understandable notice. (a) The written notice under subdivision 2 must
63.23be understandable to the general public and available in the parent's native language or by
63.24another communication form, unless it is clearly not feasible to do so.
63.25(b) If the parent's native language or other communication form is not written,
63.26the district must take steps to ensure that:
63.27(1) the notice is translated orally or by other means to the parent in the parent's
63.28native language or other communication form;
63.29(2) the parent understands the notice; and
63.30(3) written evidence indicates the requirements in subdivision 2 are met.
63.31    Subd. 5. Initial action; parent consent. (a) The district must not proceed with the
63.32initial evaluation of a child, the initial placement of a child in a special education program,
63.33or the initial provision of special education services for a child without the prior written
63.34consent of the child's parent. A district may not override the written refusal of a parent to
63.35consent to an initial evaluation or reevaluation.
64.1(b) A parent, after consulting with health care, education, or other professional
64.2providers, may agree or disagree to provide the parent's child with sympathomimetic
64.3medications unless section 144.344 applies.
64.4    Subd. 6. Dispute resolution processes; generally. Parties are encouraged to
64.5resolve disputes over the identification, evaluation, educational placement, manifestation
64.6determination, interim alternative educational placement, or the provision of a free
64.7appropriate public education to a child with a disability through conciliation, mediation,
64.8facilitated team meetings, or other alternative process. All dispute resolution options are
64.9voluntary on the part of the parent and must not be used to deny or delay the right to a
64.10due process hearing. All dispute resolution processes under this section are provided
64.11at no cost to the parent.
64.12    Subd. 7. Conciliation conference. A parent must have an opportunity to meet
64.13with appropriate district staff in at least one conciliation conference if the parent objects
64.14to any proposal of which the parent receives notice under subdivision 2 3a. If the parent
64.15refuses district efforts to conciliate the dispute, the conciliation requirement is satisfied.
64.16Following a conciliation conference A district must hold a conciliation conference within
64.1710 calendar days from the date the district receives a parent's objection to a proposal or
64.18refusal in the prior written notice. Except as provided in this section, all discussions held
64.19during a conciliation conference are confidential and are not admissible in a due process
64.20hearing. Within five school days after the final conciliation conference, the district must
64.21prepare and provide to the parent a conciliation conference memorandum that describes
64.22the district's final proposed offer of service. This memorandum is admissible in evidence
64.23in any subsequent proceeding.
64.24    Subd. 8. Voluntary dispute resolution options. In addition to offering at least
64.25one conciliation conference, a district must inform a parent of other dispute resolution
64.26processes, including at least mediation and facilitated team meetings. The fact that
64.27an alternative dispute resolution process was used is admissible in evidence at any
64.28subsequent proceeding. State-provided mediators and team meeting facilitators shall not
64.29be subpoenaed to testify at a due process hearing or civil action under federal special
64.30education law nor are any records of mediators or state-provided team meeting facilitators
64.31accessible to the parties.
64.32    Subd. 9. Mediation. Mediation is a dispute resolution process that involves a
64.33neutral party provided by the state to assist a parent and a district in resolving disputes
64.34over the identification, evaluation, educational placement, manifestation determination,
64.35interim alternative educational placement, or the provision of a free appropriate public
64.36education to a child with a disability. A mediation process is available as an informal
65.1alternative to a due process hearing but must not be used to deny or postpone the
65.2opportunity of a parent or district to obtain a due process hearing. Mediation is voluntary
65.3for all parties. All mediation discussions are confidential and inadmissible in evidence
65.4in any subsequent proceeding, unless the:
65.5(1) parties expressly agree otherwise;
65.6(2) evidence is otherwise available; or
65.7(3) evidence is offered to prove bias or prejudice of a witness.
65.8    Subd. 10. Mediated agreements. Mediated agreements are not admissible unless
65.9the parties agree otherwise or a party to the agreement believes the agreement is not being
65.10implemented, in which case the aggrieved party may enter the agreement into evidence at
65.11a due process hearing. The parties may request another mediation to resolve a dispute over
65.12implementing the mediated agreement. After a due process hearing is requested, a party
65.13may request mediation and the commissioner must provide a mediator who conducts a
65.14mediation session no later than the third business day after the mediation request is made
65.15to the commissioner. If the parties resolve all or a portion of the dispute, or agree to use
65.16another procedure to resolve the dispute, the mediator shall ensure that the resolution
65.17or agreement is in writing and signed by the parties and each party is given a copy of
65.18the document. The written resolution or agreement shall state that all discussions that
65.19occurred during mediation are confidential and may not be used as evidence in any hearing
65.20or civil proceeding. The resolution or agreement is legally binding upon the parties and is
65.21enforceable in the state or federal district court. A party may request another mediation to
65.22resolve a dispute over implementing the mediated agreement.
65.23    Subd. 11. Facilitated team meeting. A facilitated team meeting is an IEP, IFSP,
65.24or IIIP team meeting led by an impartial state-provided facilitator to promote effective
65.25communication and assist a team in developing an individualized education plan.
65.26    Subd. 12. Impartial due process hearing. (a) A parent or a district is entitled to
65.27an impartial due process hearing conducted by the state when a dispute arises over the
65.28identification, evaluation, educational placement, manifestation determination, interim
65.29alternative educational placement, or the provision of a free appropriate public education
65.30to a child with a disability. The hearing must be held in the district responsible for
65.31ensuring that a free appropriate public education is provided according to state and federal
65.32law. The proceedings must be recorded and preserved, at state expense, pending ultimate
65.33disposition of the action. The parent and the district shall receive, at state expense, a copy
65.34of the hearing transcript or recording and the hearing officer's findings of fact, conclusion
65.35of law, and decisions.
66.1(b) The due process hearing must be conducted according to the rules of the
66.2commissioner and federal law.
66.3    Subd. 13. Hearing officer qualifications. The commissioner must appoint an
66.4individual who is qualified under this subdivision to serve as a hearing officer. The
66.5commissioner shall maintain a list of qualified hearing officers who are not employees of
66.6or otherwise under contract with the department or the school district except when under
66.7contract with the department as a hearing officer, and who do not have a personal or
66.8professional interest that conflicts with their objectivity when serving as hearing officers
66.9in hearings under this section. The list shall include a statement of the qualifications of
66.10each person listed. A hearing officer must know and understand state and federal special
66.11education laws, rules, and regulations, and legal interpretations by federal and state courts.
66.12A hearing officer also must have the knowledge and ability to conduct hearings and render
66.13and write decisions according to appropriate, standard legal practice. Upon receipt of a
66.14written request for a hearing, the commissioner shall appoint a hearing officer from the
66.15list. The hearing officer must:
66.16(1) be knowledgeable and impartial;
66.17(2) have no personal interest in or specific involvement with the student who is a
66.18party to the hearing;
66.19(3) not have been employed as an administrator by the district that is a party to
66.20the hearing;
66.21(4) not have been involved in selecting the district administrator who is a party
66.22to the hearing;
66.23(5) have no personal, economic, or professional interest in the outcome of the
66.24hearing other than properly administering federal and state laws, rules, and policies;
66.25(6) have no substantial involvement in developing state or local policies or
66.26procedures challenged in the hearing;
66.27(7) not be a current employee or board member of a Minnesota public school district,
66.28education district, intermediate unit or regional education agency, or the department if
66.29the department is the service provider; and
66.30(8) not be a current employee or board member of a disability advocacy organization
66.31or group.
66.32    Subd. 14. Request for hearing. A request for a due process hearing must:
66.33(1) be in writing;
66.34(2) describe the nature of the dispute about providing special education services to
66.35the student including facts relating to the dispute; and
66.36(3) state, to the extent known, the relief sought.
67.1Any school district administrator receiving a request for a due process hearing
67.2must immediately forward the request to the commissioner. Within two business days of
67.3receiving a request for a due process hearing, the commissioner must appoint a hearing
67.4officer. The commissioner must not deny a request for hearing because the request
67.5is incomplete. A party may disqualify a hearing officer only by affirmatively showing
67.6prejudice or bias to the commissioner or to the chief administrative law judge if the hearing
67.7officer is an administrative law judge. If a party affirmatively shows prejudice against a
67.8hearing officer, the commissioner must assign another hearing officer to hear the matter. (a)
67.9A parent or a school district may file a written request for a due process hearing regarding
67.10a proposal or refusal to initiate or change that child's evaluation, individualized education
67.11program, or educational placement, or to provide a free appropriate public education.
67.12(b) The parent shall include in the hearing request the name of the child, the address
67.13of the child's residence, the name of the school the child attends, a description of the
67.14child's problem relating to the proposed or refused initiation or change, including facts
67.15relating to the problem, and a proposed resolution of the problem to the extent known
67.16and available to the parents at the time.
67.17(c) A parent or a school district may file a written request for a hearing under United
67.18States Code, title 20, section 1415, paragraph (k).
67.19(d) A parent or school district filing a request for a hearing under this subdivision
67.20must provide the request to the other party and a copy of the request to the department.
67.21Upon receiving a request for a hearing, the department shall give to the child's parent a
67.22copy of the procedural safeguards notice available to a parent under federal regulations.
67.23(e) (1) If the parent of a child with a disability files a written request for a hearing,
67.24and the school district has not previously sent a written notice to the parent under
67.25subdivision 3, regarding the subject matter of the hearing request, the school district
67.26shall, within ten days of receiving the hearing request, send to the child's parent a written
67.27explanation of why the school district proposed or refused to take the action raised in the
67.28hearing request, a description of other options that the individualized education program
67.29team considered and the reason why those options were rejected, a description of each
67.30evaluation procedure, assessment, record, or report that the school district used as the basis
67.31for the proposed or refused action, and a description of the factors that are relevant to the
67.32school district's proposal or refusal. A response by a school district under this subdivision
67.33does not preclude the school district from asserting that the parent's request for a hearing
67.34is insufficient under clause (2) of this paragraph.
67.35(2) A hearing may not occur until the party requesting the hearing files a request that
67.36meets the requirements of paragraph (b). The request under paragraph (b) is considered
68.1sufficient unless the party receiving the request notifies the hearing officer and the other
68.2party in writing within 15 days of receiving the request that the receiving party believes
68.3the request does not meet the requirements of paragraph (b). Within five days of receiving
68.4a notice under this subdivision, the hearing officer shall determine whether the request
68.5meets the requirements under paragraph (b) and notify the parties.
68.6(f) Except as provided in paragraph (e), clause (1), the party receiving a request for a
68.7hearing shall send to the party requesting the hearing a written response that addresses the
68.8issues raised in the hearing request within ten days of receiving the request.
68.9    Subd. 15. Prehearing conference. A prehearing conference must be held within
68.10five business days of the date the commissioner appoints the hearing officer. The hearing
68.11officer must initiate the prehearing conference which may be conducted in person, at a
68.12location within the district, or by telephone. The hearing officer must create a written
68.13verbatim record of the prehearing conference which is available to either party upon
68.14request. At the prehearing conference, the hearing officer must:
68.15(1) identify the questions that must be answered to resolve the dispute and eliminate
68.16claims and complaints that are without merit;
68.17(2) set a scheduling order for the hearing and additional prehearing activities;
68.18(3) determine if the hearing can be disposed of without an evidentiary hearing and, if
68.19so, establish the schedule and procedure for doing so; and
68.20(4) establish the management, control, and location of the hearing to ensure its fair,
68.21efficient, and effective disposition.
68.22    Subd. 16. Burden of proof. The burden of proof at a due process hearing is on the
68.23district to demonstrate, by a preponderance of the evidence, that it is complying with the
68.24law and offered or provided a free appropriate public education to the child in the least
68.25restrictive environment. If the district has not offered or provided a free appropriate public
68.26education in the least restrictive environment and the parent wants the district to pay for a
68.27private placement, the burden of proof is on the parent to demonstrate, by a preponderance
68.28of the evidence, that the private placement is appropriate party seeking relief.
68.29    Subd. 17. Admissible evidence. The hearing officer may admit all evidence
68.30that possesses probative value, including hearsay, if it is the type of evidence on which
68.31reasonable, prudent persons are accustomed to rely in conducting their serious affairs. The
68.32hearing officer must give effect to the rules of privilege recognized by law and exclude
68.33evidence that is incompetent, irrelevant, immaterial, or unduly repetitious.
68.34    Subd. 18. Hearing officer authority. (a) A hearing officer must limit an impartial
68.35due process hearing to the time sufficient for each party to present its case.
69.1(b) A hearing officer must establish and maintain control and manage the hearing.
69.2This authority includes, but is not limited to:
69.3(1) requiring attorneys representing parties at the hearing, after notice and an
69.4opportunity to be heard, to pay court reporting and hearing officer costs, or fines payable
69.5to the state, for failing to: (i) obey scheduling or prehearing orders, (ii) appear, (iii) be
69.6prepared, or (iv) participate in the hearing process in good faith;
69.7(2) administering oaths and affirmations;
69.8(3) issuing subpoenas;
69.9(4) determining the responsible and providing districts and joining those districts, if
69.10not already notified, in the proceedings;
69.11(5) making decisions involving identification, evaluation, educational placement,
69.12manifestation determination, interim alternative educational placement, or the provision of
69.13a free appropriate public education to a child with a disability; and
69.14(6) ordering an independent educational evaluation of a child at district expense; and
69.15(7) extending the hearing decision timeline for good cause shown.
69.16(c) Good cause includes, but is not limited to, the time required for mediation or
69.17other settlement discussions, independent educational evaluation, complexity and volume
69.18of issues, or finding or changing counsel.
69.19    Subd. 19. Expedited due process hearings. Consistent with federal law, a parent
69.20has the right to or a school district may file a written request for an expedited due process
69.21hearing when there is a dispute over a manifestation determination or a proposed or actual
69.22placement in an interim alternative educational setting. A district has the right to an
69.23expedited due process hearing when proposing or seeking to maintain placement in an
69.24interim alternative educational setting. A hearing officer must hold an expedited due
69.25process hearing within 20 school days of the date the expedited due process request is
69.26filed and must issue a decision within ten calendar school days of after the request for a
69.27hearing. A hearing officer may extend by up to five additional calendar days the time for
69.28issuing a decision in an expedited due process hearing. All policies in this section apply
69.29to expedited due process hearings to the extent they do not conflict with federal law. A
69.30resolution meeting must occur within seven days of receiving the request for an expedited
69.31due process hearing unless the parent and the school district agree in writing either to
69.32waive the resolution meeting or use the mediation process. The expedited due process
69.33hearing may proceed unless the matter has been resolved to the satisfaction of both parties
69.34within 15 days of receiving the expedited due process hearing request.
69.35    Subd. 20. Hearing officer's decision; time period. (a) The hearing officer must
69.36issue a decision within 45 calendar days of the date on which the commissioner receives
70.1the request for a due process hearing ensure that not later than 45 days after the 30-day
70.2period or the adjusted time periods under federal regulations expire, the hearing officer
70.3reaches a final decision in the due process hearing and transmits a copy of the decision to
70.4each party. A hearing officer, at the request of either party, may grant specific extensions
70.5of time beyond the 45-day period under subdivision 18. The hearing officer must conduct
70.6the oral arguments in a hearing at a time and place that is reasonably convenient to the
70.7parents and child involved. A hearing officer is encouraged to accelerate the time line to
70.830 days for a child under the age of three whose needs change rapidly and who requires
70.9quick resolution of a dispute. A hearing officer may not extend the time beyond the 45-day
70.10period unless requested by either party for good cause shown on the record. Extensions
70.11of time must not exceed a total of 30 calendar days unless both parties and the hearing
70.12officer agree or time is needed to complete an independent educational evaluation. Good
70.13cause includes, but is not limited to, the time required for mediation or other settlement
70.14discussions, independent educational evaluation, complexity and volume of issues, or
70.15finding or changing counsel.
70.16(b) The hearing officer's decision must:
70.17(1) be in writing;
70.18(2) state the controlling and material facts upon which the decision is made in order
70.19to apprise the reader of the basis and reason for the decision; and
70.20(3) be based on local standards, state statute, the rules of the commissioner, and
70.21federal law.
70.22(c) Once the hearing officer has issued a final decision, the hearing officer lacks
70.23authority to amend the decision except for clerical or mathematical errors.
70.24(d) Nothing in this subdivision precludes a hearing officer from ordering a school
70.25district to comply with federal procedural safeguards under the federal Individuals with
70.26Disabilities Education Act.
70.27    Subd. 21. Compensatory educational services. The hearing officer may require
70.28the resident or responsible district to provide compensatory educational services to the
70.29child if the hearing officer finds that the district has not offered or made available to
70.30the child a free appropriate public education in the least restrictive environment and the
70.31child suffered a loss of educational benefit. Such services take the form of direct and
70.32indirect special education and related services designed to address any loss of educational
70.33benefit that may have occurred. The hearing officer's finding must be based on a present
70.34determination of whether the child has suffered a loss of educational benefit.
70.35    Subd. 22. Child's educational placement during due process hearing. (a) Until a
70.36due process hearing under this section is completed or the district and the parent agree
71.1otherwise, the child must remain in the child's current educational placement and must
71.2not be denied initial admission to school.
71.3(b) Until an expedited due process hearing challenging an interim alternative
71.4educational placement is completed, the child must remain in the interim alternative
71.5educational setting until the decision of the hearing officer or the expiration of the 45 days
71.6permitted for an interim alternative educational setting, whichever occurs first, unless the
71.7parent and district agree otherwise.
71.8    Subd. 23. Implementation of hearing officer order. (a) That portion of a hearing
71.9officer's decision granting relief requested by the parent must be implemented upon
71.10issuance.
71.11(b) Except as provided under paragraph (a) or the district and parent agree otherwise,
71.12following a hearing officer's decision granting relief requested by the district, the child
71.13must remain in the current educational placement until the time to request judicial review
71.14under subdivision 24 expires or, if judicial review is requested, at the time the Minnesota
71.15Court of Appeals or the federal district court issues its decision, whichever is later.
71.16    Subd. 24. Review of hearing officer decisions. The parent or district may seek
71.17review of the hearing officer's decision in the Minnesota Court of Appeals or in the federal
71.18district court, consistent with federal law. A party must appeal to the Minnesota Court
71.19of Appeals within 60 days of receiving the hearing officer's decision and must appeal to
71.20federal district court within 90 days of receiving the hearing officer's decision.
71.21    Subd. 25. Enforcement of orders. The commissioner must monitor final hearing
71.22officer decisions and ensure enforcement of hearing officer orders decisions.
71.23    Subd. 26. Hearing officer and person conducting alternative dispute resolution
71.24are state employees. A hearing officer or person conducting alternative dispute resolution
71.25under this section is an employee of the state under section 3.732 for purposes of section
71.263.736 only.
71.27    Subd. 27. Hearing officer training. A hearing officer must participate in training
71.28and follow procedures established offered by the commissioner.
71.29    Subd. 28. District liability. A district is not liable for harmless technical violations
71.30of this section or rules implementing this section federal or state laws, rules or regulations
71.31governing special education if the school district can demonstrate on a case-by-case basis
71.32that the violations did not harm a student's educational progress or the parent's right to
71.33notice, participation, or due process. This subdivision is applicable to due process hearings
71.34and special education complaints filed with the department.

72.1    Sec. 8. [125A.094] RESTRICTIVE PROCEDURES FOR CHILDREN WITH
72.2DISABILITIES.
72.3The use of restrictive procedures for children with disabilities is governed by
72.4sections 125A.0941 and 125A.0942, and must be consistent with this chapter.
72.5EFFECTIVE DATE.This section is effective July 1, 2010.

72.6    Sec. 9. [125A.0941] DEFINITIONS.
72.7(a) The following terms have the meanings given them.
72.8(b) "Emergency" means a situation where immediate intervention is needed to protect
72.9a child or other individual from physical injury or to prevent serious property damage.
72.10(c) "Positive behavioral interventions and supports" means interventions and
72.11strategies to improve the school environment and teach children the skills to behave
72.12appropriately.
72.13(d) "Physical holding" means physical intervention intended to hold a child immobile
72.14or limit a child's movement and where body contact is the only source of physical restraint.
72.15The term "physical holding" does not mean physical contact:
72.16(1) that helps a child respond or complete a task;
72.17(2) comforts or assists a child without restricting the child's movement;
72.18(3) is needed to administer an authorized health-related service or procedure; or
72.19(4) is needed to physically escort a child.
72.20(e) "Restrictive procedures" means the use of physical holding or seclusion in an
72.21emergency that is involuntary or unintended by the child, deprives the child of mobility, or
72.22is adverse to that child.
72.23(f) "Seclusion" means confining a child alone in a locked room from which the child
72.24can not exit but may be quickly removed if a fire or other disaster occurs. Time-out is
72.25not seclusion.
72.26(g) "Time-out" means removing a child from an activity to a location where the child
72.27cannot participate or observe the activity and may include moving or ordering a child to
72.28an unlocked room.
72.29EFFECTIVE DATE.This section is effective July 1, 2010.

72.30    Sec. 10. [125A.0942] STANDARDS FOR RESTRICTIVE PROCEDURES.
72.31    Subdivision 1. Restrictive procedures plan. (a) Schools shall maintain and make
72.32publicly accessible an allowable restrictive procedures plan for children that includes at
72.33least the following:
72.34(1) the list of restrictive procedures the school intends to use;
73.1(2) how the school will monitor the use of restrictive procedures, including
73.2conducting post-use debriefings and convening an oversight committee;
73.3(3) a written description and verification of the training staff completed under
73.4subdivision 5; and
73.5(4) how the school will periodically review the use of restrictive procedures on a
73.6child and systemwide basis within a school or district.
73.7(b) In reviewing the use of restrictive procedures the school or district must consider:
73.8(1) any pattern or problems indicated by similarities in the time of day, day of the
73.9week, duration of the use of a procedure, individuals involved, or other factors related to
73.10using restrictive procedures consistent with subdivision 5;
73.11(2) any injuries resulting from the use of restrictive procedures;
73.12(3) actions needed to correct deficiencies in how the school implements restrictive
73.13procedures;
73.14(4) an assessment of when restrictive procedures could be avoided; and
73.15(5) proposed actions to limit use of physical holding or seclusion.
73.16    Subd. 2. Restrictive procedures. (a) Restrictive procedures may be used only by a
73.17licensed special education teacher, school social worker, school psychologist, behavior
73.18analyst certified by the National Behavior Analyst Certification Board, other licensed
73.19education professional, paraprofessional under section 120B.363, or mental health
73.20professional under section 245.4871, subdivision 27, who has completed the training
73.21program under subdivision 5.
73.22(b) A school shall make reasonable efforts to notify the parent on the same day
73.23a restrictive procedure is used on the child or as indicated by the child's parent under
73.24paragraph (e).
73.25(c) When restrictive procedures are used twice in 30 days or when a pattern emerges
73.26and restrictive procedures are not included in a child's individualized education plan, the
73.27district must hold a meeting of the individualized education plan team, conduct or review
73.28a functional behavioral analysis, review data, develop additional or revised positive
73.29behavioral interventions and support, propose actions to reduce the use of restrictive
73.30procedures, and modify the individualized education plan or behavior intervention plan as
73.31appropriate. At the meeting, the team must review and include in the child's individualized
73.32education plan any known medical or psychological limitations that contraindicate the use
73.33of a restrictive procedure, and prohibit that restrictive procedure.
73.34(d) An individualized education plan team may plan for using restrictive procedures
73.35and may include these procedures in a child's individualized education plan.
74.1(e) Restrictive procedures may be included in the child's individualized education
74.2plan but are not considered part of the pupil's behavior intervention plan and can only be
74.3used in an emergency, consistent with this section. The individualized education plan shall
74.4indicate how the parent wants to be notified when a restrictive procedure is used.
74.5    Subd. 3. Physical holding or seclusion. Physical holding or seclusion may be used
74.6only in an emergency. A school that uses physical holding or seclusion shall meet the
74.7following requirements:
74.8(1) the physical holding or seclusion must be the least intrusive intervention that
74.9effectively responds to the emergency;
74.10(2) physical holding or seclusion must end when the threat of harm ends and the
74.11staff determines that the child can safely return to the classroom or activity;
74.12(3) staff must constantly and directly observe the child while physical holding or
74.13seclusion is being used;
74.14(4) each time physical holding or seclusion is used, the staff person who implements
74.15or oversees the physical holding or seclusion shall document, as soon as possible after the
74.16incident concludes, the following information:
74.17(i) a detailed description of the incident that led to the physical holding or seclusion;
74.18(ii) why a less restrictive measure failed or was determined by staff to be
74.19inappropriate or impractical;
74.20(iii) the time the physical holding or seclusion began and the time the child was
74.21released; and
74.22(iv) brief record of the child's behavioral and physical status;
74.23(5) the room used for seclusion must:
74.24(i) be at least six feet by five feet;
74.25(ii) be well lit, well ventilated, and clean;
74.26(iii) have a window that allows staff to directly observe a child in seclusion;
74.27(iv) have tamperproof fixtures, electrical switches located immediately outside the
74.28door, and secure ceilings;
74.29(v) have doors that open out and are unlocked, locked with keyless locks that
74.30have immediate release mechanisms, or locked with locks that have immediate release
74.31mechanisms connected with a fire and emergency system; and
74.32(vi) not contain objects that a child may use to injure the child or others; and
74.33(6) before using a room for seclusion, a school must:
74.34(i) receive written notice from local authorities regarding its compliance with
74.35applicable building, fire, and safety codes; and
74.36(ii) register the room with the commissioner, who may view that room.
75.1    Subd. 4. Prohibitions. The following actions or procedures are prohibited:
75.2(1) engaging in conduct prohibited under section 121A.58;
75.3(2) requiring a child to assume and maintain a specified physical position, activity,
75.4or posture that induces physical pain;
75.5(3) totally or partially restricting a child's senses, except at a level of intrusiveness
75.6that does not exceed:
75.7(i) placing a hand in front of a child's eyes as a visual screen; or
75.8(ii) playing music through earphones worn by the child at a sound level that causes
75.9discomfort;
75.10(4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
75.11substance, or spray;
75.12(5) denying or restricting a child's access to equipment and devices such as walkers,
75.13wheelchairs, hearing aids, and communication boards that facilitate the child's functioning,
75.14except when temporarily removing the equipment or device is needed to prevent injury
75.15to the child or others or serious damage to the equipment or device, in which case the
75.16equipment or device shall be returned to the child as soon as possible;
75.17(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or
75.18physical abuse under section 626.556;
75.19(7) withholding regularly scheduled meals or water;
75.20(8) denying access to bathroom facilities; and
75.21(9) physical holding that restricts a child's ability to breathe.
75.22    Subd. 5. Training for staff. (a) To meet the requirements of subdivision 1,
75.23paragraph (a), clause (4), staff who use restrictive procedures shall successfully complete
75.24training in the following skills and knowledge areas before using restrictive procedures
75.25with a child:
75.26(1) positive behavioral interventions;
75.27(2) communicative intent of behaviors;
75.28(3) relationship building;
75.29(4) alternatives to restrictive procedures, including techniques to identify events and
75.30environmental factors that may escalate behavior;
75.31(5) deescalation methods;
75.32(6) avoiding power struggles;
75.33(7) standards for using restrictive procedures;
75.34(8) obtaining emergency medical assistance;
75.35(9) time limits for restrictive procedures;
75.36(10) obtaining approval for using restrictive procedures;
76.1(11) appropriate use of approved restrictive procedures including simulated
76.2experiences involving physical restraint;
76.3(12) thresholds for using and stopping restrictive procedures;
76.4(13) the physiological and psychological impact of physical holding and seclusion;
76.5(14) monitoring and responding to a child's physical signs of distress when physical
76.6holding is being used; and
76.7(15) recognizing the symptoms of and interventions that may cause positional
76.8asphyxia when physical holding is used.
76.9(b) The commissioner, after consulting with the commissioner of human services,
76.10must develop and maintain a list of training programs that satisfy the requirements of
76.11paragraph (a). The district shall maintain records of staff who have been trained and the
76.12organization or professional that conducted the training. The district may collaborate with
76.13children's community mental health providers to coordinate trainings.
76.14(c) Training under this subdivision must be updated at least every two school years.
76.15    Subd. 6. Records. For purposes of monitoring and review, a school using restrictive
76.16procedures shall make data available upon request on the number and types of restrictive
76.17procedures used, consistent with applicable law. Schools annually shall submit to the
76.18commissioner aggregate data on the use of restrictive procedures. The commissioner shall
76.19issue an annual report by December 31 on the use of restrictive procedures in Minnesota
76.20and post the report on the department's Web site.
76.21    Subd. 7. Behavior supports. School districts must establish effective schoolwide
76.22systems of positive behavior supports and may use restrictive procedures only in
76.23emergencies. Nothing in this section precludes the use of reasonable force under sections
76.24121A.582 and 609.379.
76.25EFFECTIVE DATE.This section is effective July 1, 2010.

76.26    Sec. 11. Minnesota Statutes 2008, section 125A.15, is amended to read:
76.27125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
76.28The responsibility for special instruction and services for a child with a disability
76.29temporarily placed in another district for care and treatment shall be determined in the
76.30following manner:
76.31(a) The district of residence of a child shall be the district in which the child's parent
76.32resides, if living, or the child's guardian, or the district designated by the commissioner if
76.33neither parent nor guardian is living within the state.
76.34(b) If a district other than the resident district places a pupil for care and treatment,
76.35the district placing the pupil must notify and give the resident district an opportunity to
77.1participate in the placement decision. When an immediate emergency placement of a
77.2pupil is necessary and time constraints foreclose a resident district from participating in
77.3the emergency placement decision, the district in which the pupil is temporarily placed
77.4must notify the resident district of the emergency placement within 15 days. The resident
77.5district has up to five business days after receiving notice of the emergency placement
77.6to request an opportunity to participate in the placement decision, which the placing
77.7district must then provide.
77.8(c) When a child is temporarily placed for care and treatment in a day program
77.9located in another district and the child continues to live within the district of residence
77.10during the care and treatment, the district of residence is responsible for providing
77.11transportation to and from the care and treatment facility program and an appropriate
77.12educational program for the child. The resident district may establish reasonable
77.13restrictions on transportation, except if a Minnesota court or agency orders the child
77.14placed at a day care and treatment program and the resident district receives a copy of
77.15the order, then the resident district must provide transportation to and from the program
77.16unless the court or agency orders otherwise. Transportation shall only be provided by the
77.17resident district during regular operating hours of the resident district. The resident district
77.18may provide the educational program at a school within the district of residence, at the
77.19child's residence, or in the district in which the day treatment center is located by paying
77.20tuition to that district.
77.21(c) (d) When a child is temporarily placed in a residential program for care and
77.22treatment, the nonresident district in which the child is placed is responsible for providing
77.23an appropriate educational program for the child and necessary transportation while the
77.24child is attending the educational program; and must bill the district of the child's residence
77.25for the actual cost of providing the program, as outlined in section 125A.11, except as
77.26provided in paragraph (d) (e). However, the board, lodging, and treatment costs incurred
77.27in behalf of a child with a disability placed outside of the school district of residence by
77.28the commissioner of human services or the commissioner of corrections or their agents,
77.29for reasons other than providing for the child's special educational needs must not become
77.30the responsibility of either the district providing the instruction or the district of the child's
77.31residence. For the purposes of this section, the state correctional facilities operated on a
77.32fee-for-service basis are considered to be residential programs for care and treatment.
77.33(d) (e) A privately owned and operated residential facility may enter into a contract
77.34to obtain appropriate educational programs for special education children and services
77.35with a joint powers entity. The entity with which the private facility contracts for special
77.36education services shall be the district responsible for providing students placed in that
78.1facility an appropriate educational program in place of the district in which the facility is
78.2located. If a privately owned and operated residential facility does not enter into a contract
78.3under this paragraph, then paragraph (c) (d) applies.
78.4(e) (f) The district of residence shall pay tuition and other program costs, not
78.5including transportation costs, to the district providing the instruction and services.
78.6The district of residence may claim general education aid for the child as provided by
78.7law. Transportation costs must be paid by the district responsible for providing the
78.8transportation and the state must pay transportation aid to that district.
78.9EFFECTIVE DATE.This section is effective the day following final enactment.

78.10    Sec. 12. Minnesota Statutes 2008, section 125A.28, is amended to read:
78.11125A.28 STATE INTERAGENCY COORDINATING COUNCIL.
78.12An Interagency Coordinating Council of at least 17, but not more than 25 members
78.13is established, in compliance with Public Law 108-446, section 641. The members
78.14must be appointed by the governor. Council members must elect the council chair. The
78.15representative of the commissioner may not serve as the chair. The council must be
78.16composed of at least five parents, including persons of color, of children with disabilities
78.17under age 12, including at least three parents of a child with a disability under age seven,
78.18five representatives of public or private providers of services for children with disabilities
78.19under age five, including a special education director, county social service director,
78.20local Head Start director, and a community health services or public health nursing
78.21administrator, one member of the senate, one member of the house of representatives, one
78.22representative of teacher preparation programs in early childhood-special education or
78.23other preparation programs in early childhood intervention, at least one representative of
78.24advocacy organizations for children with disabilities under age five, one physician who
78.25cares for young children with special health care needs, one representative each from the
78.26commissioners of commerce, education, health, human services, a representative from the
78.27state agency responsible for child care, foster care, mental health, homeless coordinator
78.28of education of homeless children and youth, and a representative from Indian health
78.29services or a tribal council. Section 15.059, subdivisions 2 to 5, apply to the council.
78.30The council must meet at least quarterly.
78.31The council must address methods of implementing the state policy of developing
78.32and implementing comprehensive, coordinated, multidisciplinary interagency programs of
78.33early intervention services for children with disabilities and their families.
78.34The duties of the council include recommending policies to ensure a comprehensive
78.35and coordinated system of all state and local agency services for children under age five
79.1with disabilities and their families. The policies must address how to incorporate each
79.2agency's services into a unified state and local system of multidisciplinary assessment
79.3practices, individual intervention plans, comprehensive systems to find children in need of
79.4services, methods to improve public awareness, and assistance in determining the role of
79.5interagency early intervention committees.
79.6On the date that Minnesota Part C Annual Performance Report is submitted to the
79.7federal Office of Special Education, the council must recommend to the governor and the
79.8commissioners of education, health, human services, commerce, and employment and
79.9economic development policies for a comprehensive and coordinated system.
79.10Notwithstanding any other law to the contrary, the State Interagency Coordinating
79.11Council expires on June 30, 2009 2014.

79.12    Sec. 13. Minnesota Statutes 2008, section 125A.51, is amended to read:
79.13125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
79.14EDUCATION AND TRANSPORTATION.
79.15The responsibility for providing instruction and transportation for a pupil without a
79.16disability who has a short-term or temporary physical or emotional illness or disability, as
79.17determined by the standards of the commissioner, and who is temporarily placed for care
79.18and treatment for that illness or disability, must be determined as provided in this section.
79.19(a) The school district of residence of the pupil is the district in which the pupil's
79.20parent or guardian resides.
79.21(b) When parental rights have been terminated by court order, the legal residence
79.22of a child placed in a residential or foster facility for care and treatment is the district in
79.23which the child resides.
79.24(c) Before the placement of a pupil for care and treatment, the district of residence
79.25must be notified and provided an opportunity to participate in the placement decision.
79.26When an immediate emergency placement is necessary and time does not permit
79.27resident district participation in the placement decision, the district in which the pupil is
79.28temporarily placed, if different from the district of residence, must notify the district
79.29of residence of the emergency placement within 15 days of the placement. When a
79.30nonresident district makes an emergency placement without first consulting with the
79.31resident district, the resident district has up to five business days after receiving notice
79.32of the emergency placement to request an opportunity to participate in the placement
79.33decision, which the placing district must then provide.
79.34(d) When a pupil without a disability is temporarily placed for care and treatment
79.35in a day program and the pupil continues to live within the district of residence during
80.1the care and treatment, the district of residence must provide instruction and necessary
80.2transportation to and from the care and treatment facility program for the pupil. The
80.3resident district may establish reasonable restrictions on transportation, except if a
80.4Minnesota court or agency orders the child placed at a day care and treatment program
80.5and the resident district receives a copy of the order, then the resident district must provide
80.6transportation to and from the program unless the court or agency orders otherwise.
80.7Transportation shall only be provided by the resident district during regular operating
80.8hours of the resident district. The resident district may provide the instruction at a school
80.9within the district of residence, at the pupil's residence, or in the case of a placement
80.10outside of the resident district, in the district in which the day treatment program is located
80.11by paying tuition to that district. The district of placement may contract with a facility to
80.12provide instruction by teachers licensed by the state Board of Teaching.
80.13(e) When a pupil without a disability is temporarily placed in a residential program
80.14for care and treatment, the district in which the pupil is placed must provide instruction
80.15for the pupil and necessary transportation while the pupil is receiving instruction, and in
80.16the case of a placement outside of the district of residence, the nonresident district must
80.17bill the district of residence for the actual cost of providing the instruction for the regular
80.18school year and for summer school, excluding transportation costs.
80.19(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or
80.20private homeless shelter, then the district that enrolls the pupil under section 127A.47,
80.21subdivision 2 , shall provide the transportation, unless the district that enrolls the pupil
80.22and the district in which the pupil is temporarily placed agree that the district in which
80.23the pupil is temporarily placed shall provide transportation. When a pupil without a
80.24disability is temporarily placed in a residential program outside the district of residence,
80.25the administrator of the court placing the pupil must send timely written notice of the
80.26placement to the district of residence. The district of placement may contract with a
80.27residential facility to provide instruction by teachers licensed by the state Board of
80.28Teaching. For purposes of this section, the state correctional facilities operated on a
80.29fee-for-service basis are considered to be residential programs for care and treatment.
80.30(g) The district of residence must include the pupil in its residence count of pupil
80.31units and pay tuition as provided in section 123A.488 to the district providing the
80.32instruction. Transportation costs must be paid by the district providing the transportation
80.33and the state must pay transportation aid to that district. For purposes of computing state
80.34transportation aid, pupils governed by this subdivision must be included in the disabled
80.35transportation category if the pupils cannot be transported on a regular school bus route
80.36without special accommodations.
81.1EFFECTIVE DATE.This section is effective the day following final enactment.

81.2    Sec. 14. Minnesota Statutes 2008, section 125A.57, subdivision 2, is amended to read:
81.3    Subd. 2. Assistive technology device. "Assistive technology device" means any
81.4item, piece of equipment, software, or product system, whether acquired commercially
81.5off the shelf, modified, or customized, that is used to increase, maintain, or improve
81.6functional capabilities of children with disabilities a child with a disability. The term does
81.7not include a surgically implanted medical device or a replacement of that device.
81.8EFFECTIVE DATE.This section is effective the day following final enactment.

81.9    Sec. 15. Minnesota Statutes 2008, section 125A.63, subdivision 2, is amended to read:
81.10    Subd. 2. Programs. The resource centers must offer summer institutes and like
81.11programs or other training programs throughout the state for deaf or hard of hearing, blind
81.12or visually impaired, and multiply disabled pupils. The resource centers must also offer
81.13workshops for teachers, and leadership development for teachers.
81.14A program offered through the resource centers must promote and develop education
81.15programs offered by school districts or other organizations. The program must assist
81.16school districts or other organizations to develop innovative programs.

81.17    Sec. 16. Minnesota Statutes 2008, section 125A.63, subdivision 4, is amended to read:
81.18    Subd. 4. Advisory committees. The commissioner shall establish an
81.19advisory committee for each resource center. The advisory committees shall develop
81.20recommendations regarding the resource centers and submit an annual report to the
81.21commissioner on the form and in the manner prescribed by the commissioner. The
81.22advisory committee for the Resource Center for the Deaf and Hard of Hearing shall meet
81.23at least four times a year and submit an annual report to the commissioner, the legislature,
81.24and the Commission of Deaf, DeafBlind and Hard of Hearing Minnesotans.
81.25The recommendations must include:
81.26(1) aggregate data-based education outcomes over time for deaf and hard of hearing
81.27children, consistent with state academic standards and assessments under chapter 120B;
81.28and
81.29(2) a data-based plan that includes evidence-based best practices known to improve
81.30the educational outcomes of deaf and hard of hearing children.

81.31    Sec. 17. Minnesota Statutes 2008, section 125A.69, is amended by adding a
81.32subdivision to read:
82.1    Subd. 1a. Trial placement. A parent may apply on behalf of a child who meets
82.2state disability entrance criteria for being deaf, hard of hearing, blind, or visually impaired
82.3and resides within the state of Minnesota. After completing the application process, the
82.4child may attend the academies for a 60-day trial placement. Once the trial placement
82.5concludes, academies staff and the parent must meet to determine if the academies are
82.6the appropriate placement for the child.

82.7    Sec. 18. Minnesota Statutes 2008, section 125A.744, subdivision 3, is amended to read:
82.8    Subd. 3. Implementation. Consistent with section 256B.0625, subdivision 26,
82.9school districts may enroll as medical assistance providers or subcontractors and bill
82.10the Department of Human Services under the medical assistance fee for service claims
82.11processing system for special education services which are covered services under chapter
82.12256B, which are provided in the school setting for a medical assistance recipient, and for
82.13whom the district has secured informed consent consistent with section 13.05, subdivision
82.144 , paragraph (d), and section 256B.77, subdivision 2, paragraph (p), to bill for each type
82.15of covered service. School districts shall be reimbursed by the commissioner of human
82.16services for the federal share of individual education plan health-related services that
82.17qualify for reimbursement by medical assistance, minus up to five percent retained by the
82.18commissioner of human services for administrative costs, not to exceed $350,000 per
82.19fiscal year. The commissioner may withhold up to five percent of each payment to a
82.20school district. Following the end of each fiscal year, the commissioner shall settle up with
82.21each school district in order to ensure that collections from each district for departmental
82.22administrative costs are made on a pro rata basis according to federal earnings for these
82.23services in each district. A school district is not eligible to enroll as a home care provider
82.24or a personal care provider organization for purposes of billing home care services under
82.25sections 256B.0651 and 256B.0653 to 256B.0656 until the commissioner of human
82.26services issues a bulletin instructing county public health nurses on how to assess for the
82.27needs of eligible recipients during school hours. To use private duty nursing services or
82.28personal care services at school, the recipient or responsible party must provide written
82.29authorization in the care plan identifying the chosen provider and the daily amount
82.30of services to be used at school.

82.31    Sec. 19. REPEALER.
82.32(a) Minnesota Statutes 2008, sections 121A.43; 125A.05; and 125A.18, are repealed.
82.33Minnesota Statutes 2008, sections 121A.66; and 121A.67, subdivision 1, are
82.34repealed effective July 1, 2010.
83.1(c) Minnesota Rules, parts 3525.0210, subparts 5, 6, 9, 13, 17, 29, 30, 34, 43, 46,
83.2and 47; 3525.0400; 3525.1100, subpart 2, item F; 3525.2445; 3525.2900, subpart 5; and
83.33525.4220, are repealed effective July 1, 2010.


83.6    Section 1. Minnesota Statutes 2008, section 134.31, subdivision 4a, is amended to read:
83.7    Subd. 4a. Services to the blind and physically handicapped people with visual
83.8and physical disabilities. The Minnesota Department of Education shall provide
83.9specialized services to the blind and physically handicapped people with visual and
83.10physical disabilities through the Minnesota Braille and Talking Book Library for the Blind
83.11and Physically Handicapped under a cooperative plan with the National Library Services
83.12for the Blind and Physically Handicapped of the Library of Congress.

83.13    Sec. 2. Minnesota Statutes 2008, section 134.31, is amended by adding a subdivision
83.14to read:
83.15    Subd. 7. Telephone or electronic meetings. (a) Notwithstanding section 13D.01,
83.16the Advisory Committee for the Minnesota Braille and Talking Book Library may conduct
83.17a meeting of its members by telephone or other electronic means so long as the following
83.18conditions are met:
83.19(1) all members of the committee participating in the meeting, wherever their
83.20physical locations, can hear one another and can hear all discussion and testimony;
83.21(2) members of the public present at the regular meeting location of the committee
83.22can hear all discussion, testimony, and votes of the members of the committee;
83.23(3) at least one member of the committee is physically present at the regular meeting
83.24location; and
83.25(4) all votes are conducted by roll call, so each member's vote on each issue can be
83.26identified and recorded.
83.27(b) Each member of the committee participating in a meeting by telephone or other
83.28electronic means is considered present at the meeting for purposes of determining quorum
83.29and participating in all proceedings.
83.30(c) If telephone or other electronic means is used to conduct a meeting, to the extent
83.31practical, the committee shall allow a person to monitor the meeting electronically from a
83.32remote location. The committee may require the person making the connection to pay
83.33for the documented additional costs that the committee incurs as a result of the additional
83.34connection.
84.1(d) If telephone or other electronic means is used to conduct a regular, special, or
84.2emergency meeting, the committee shall provide notice of the regular meeting location,
84.3the fact that some members may participate by telephone or other electronic means, and
84.4the provisions of paragraph (c). The timing and method of providing notice is governed
84.5by section 13D.04.


84.8    Section 1. Minnesota Statutes 2008, section 299A.297, is amended to read:
84.9299A.297 OTHER DUTIES.
84.10The commissioner of public safety, in consultation with the Chemical Abuse and
84.11Violence Prevention Council, shall:
84.12(1) provide information and assistance upon request to school preassessment teams
84.13established under section 121A.26 and school and community advisory teams established
84.14under section 121A.27;
84.15(2) provide information and assistance upon request to the State Board of Pharmacy
84.16with respect to the board's enforcement of chapter 152;
84.17(3) cooperate with and provide information and assistance upon request to the
84.18Alcohol and Other Drug Abuse Section in the Department of Human Services;
84.19(4) coordinate the policy of the office with that of the Narcotic Enforcement Unit in
84.20the Bureau of Criminal Apprehension; and
84.21(5) coordinate the activities of the regional drug task forces, provide assistance and
84.22information to them upon request, and assist in the formation of task forces in areas of
84.23the state in which no task force operates.

84.24    Sec. 2. REPEALER.
84.25Minnesota Statutes 2008, section 121A.27, is repealed.


84.28    Section 1. Minnesota Statutes 2008, section 127A.08, is amended by adding a
84.29subdivision to read:
84.30    Subd. 5. Grants and gifts. The commissioner may apply for and receive grants
84.31and gifts administered by agencies of the state and other government or nongovernment
84.32sources. Any money received is hereby appropriated and dedicated for the purpose for
84.33which it is granted. The commissioner annually by February 1 must report to the education
85.1policy and finance committees of the legislature the amount of money it received under
85.2this subdivision and the purpose for which it was granted.


85.5    Section 1. Minnesota Statutes 2008, section 120B.021, subdivision 1, is amended to
85.6read:
85.7    Subdivision 1. Required academic standards. The following subject areas are
85.8required for statewide accountability:
85.9    (1) language arts;
85.10    (2) mathematics;
85.11    (3) science;
85.12    (4) social studies, including history, geography, economics, and government and
85.13citizenship;
85.14    (5) health and physical education, for which locally developed academic standards
85.15apply; and
85.16    (6) the arts, for which statewide or locally developed academic standards apply, as
85.17determined by the school district. Public elementary and middle schools must offer at least
85.18three and require at least two of the following four arts areas: dance; music; theater; and
85.19visual arts. Public high schools must offer at least three and require at least one of the
85.20following five arts areas: media arts; dance; music; theater; and visual arts.
85.21    The commissioner must submit proposed standards in science and social studies to
85.22the legislature by February 1, 2004.
85.23For purposes of applicable federal law, the academic standards for language arts,
85.24mathematics, and science apply to all public school students, except the very few students
85.25with extreme cognitive or physical impairments for whom an individualized education
85.26plan team has determined that the required academic standards are inappropriate. An
85.27individualized education plan team that makes this determination must establish alternative
85.28standards with appropriate alternate achievement standards based on these academic
85.29standards for students with individualized education plans described under federal law.
85.30    A school district, no later than the 2007-2008 school year, must adopt graduation
85.31requirements that meet or exceed state graduation requirements established in law or
85.32rule. A school district that incorporates these state graduation requirements before the
85.332007-2008 school year must provide students who enter the 9th grade in or before
85.34the 2003-2004 school year the opportunity to earn a diploma based on existing locally
85.35established graduation requirements in effect when the students entered the 9th grade.
86.1District efforts to develop, implement, or improve instruction or curriculum as a result
86.2of the provisions of this section must be consistent with sections 120B.10, 120B.11,
86.3and 120B.20.
86.4    The commissioner must include the contributions of Minnesota American Indian
86.5tribes and communities as they relate to the academic standards during the review and
86.6revision of the required academic standards.

86.7    Sec. 2. Minnesota Statutes 2008, section 122A.31, subdivision 4, is amended to read:
86.8    Subd. 4. Reimbursement. (a) For purposes of revenue under section 125A.78
86.9125A.76, the Department of Education must only reimburse school districts for the
86.10services of those interpreters/transliterators who satisfy the standards of competency
86.11under this section.
86.12(b) Notwithstanding paragraph (a), a district shall be reimbursed for the services
86.13of interpreters with a nonrenewable provisional certificate, interpreters/transliterators
86.14employed to mentor the provisional certified interpreters, and persons for whom a
86.15time-limited extension has been granted under subdivision 1, paragraph (d), or subdivision
86.162, paragraph (c).

86.17    Sec. 3. Minnesota Statutes 2008, section 123B.14, subdivision 7, is amended to read:
86.18    Subd. 7. Clerk records. The clerk shall keep a record of all meetings of the
86.19district and the board in books provided by the district for that purpose. The clerk shall,
86.20within three days after an election, notify all persons elected of their election. By August
86.21September 15 of each year the clerk shall file with the board a report of the revenues,
86.22expenditures and balances in each fund for the preceding fiscal year. The report together
86.23with vouchers and supporting documents shall subsequently be examined by a public
86.24accountant or the state auditor, either of whom shall be paid by the district, as provided
86.25in section 123B.77, subdivision 3. The board shall by resolution approve the report or
86.26require a further or amended report. By August September 15 of each year, the clerk shall
86.27make and transmit to the commissioner certified reports, showing:
86.28(1) The condition and value of school property;
86.29(2) the revenues and expenditures in detail, and such other financial information
86.30required by law, rule, or as may be called for by the commissioner;
86.31(3) (2) the length of school term and the enrollment and attendance by grades; and
86.32(4) (3) such other items of information as may be called for by the commissioner.
86.33The clerk shall enter in the clerk's record book copies of all reports and of the
86.34teachers' term reports, as they appear in the registers, and of the proceedings of any
86.35meeting as furnished by the clerk pro tem, and keep an itemized account of all the
87.1expenses of the district. The clerk shall furnish to the auditor of the proper county, by
87.2October 10 September 30 of each year, an attested copy of the clerk's record, showing
87.3the amount of money proposed property tax voted by the district or the board for school
87.4purposes; draw and sign all orders upon the treasurer for the payment of money for bills
87.5allowed by the board for salaries of officers and for teachers' wages and all claims, to be
87.6countersigned by the chair. Such orders must state the consideration, payee, and the
87.7fund and the clerk shall take a receipt therefor. Teachers' wages shall have preference in
87.8the order in which they become due, and no money applicable for teachers' wages shall
87.9be used for any other purpose, nor shall teachers' wages be paid from any fund except
87.10that raised or apportioned for that purpose.

87.11    Sec. 4. Minnesota Statutes 2008, section 123B.81, subdivision 3, is amended to read:
87.12    Subd. 3. Debt verification. The commissioner shall establish a uniform auditing or
87.13other verification procedure for districts to determine whether a statutory operating debt
87.14exists in any Minnesota school district as of June 30, 1977. This procedure must identify
87.15all interfund transfers made during fiscal year 1977 from a fund included in computing
87.16statutory operating debt to a fund not included in computing statutory operating debt. The
87.17standards for this uniform auditing or verification procedure must be promulgated by the
87.18state board pursuant to chapter 14 commissioner. If a district applies to the commissioner
87.19for a statutory operating debt verification or if the unaudited financial statement for the
87.20school year ending June 30, 1977 reveals that a statutory operating debt might exist, the
87.21commissioner shall require a verification of the amount of the statutory operating debt
87.22which actually does exist.

87.23    Sec. 5. Minnesota Statutes 2008, section 123B.81, subdivision 4, is amended to read:
87.24    Subd. 4. Debt elimination. If an audit or other verification procedure conducted
87.25pursuant to subdivision 3 determines that a statutory operating debt exists, a district
87.26must follow the procedures set forth in this section 123B.83 to eliminate this statutory
87.27operating debt.

87.28    Sec. 6. Minnesota Statutes 2008, section 123B.81, subdivision 5, is amended to read:
87.29    Subd. 5. Certification of debt. The commissioner shall certify the amount of
87.30statutory operating debt for each district. Prior to June 30, 1979, the commissioner may,
87.31on the basis of corrected figures, adjust the total amount of statutory operating debt
87.32certified for any district.

87.33    Sec. 7. Minnesota Statutes 2008, section 125A.62, subdivision 8, is amended to read:
88.1    Subd. 8. Grants and gifts. The board, through the chief administrators of the
88.2academies, may apply for all competitive grants administered by agencies of the state
88.3and other government or nongovernment sources. Application may not be made for
88.4grants over which the board has discretion. Any funds received under this subdivision is
88.5appropriated and dedicated for the purpose for which it is granted.

88.6    Sec. 8. Minnesota Statutes 2008, section 125A.76, subdivision 1, is amended to read:
88.7    Subdivision 1. Definitions. For the purposes of this section, the definitions in this
88.8subdivision apply.
88.9    (a) "Basic revenue" has the meaning given it in section 126C.10, subdivision 2.
88.10For the purposes of computing basic revenue pursuant to this section, each child with a
88.11disability shall be counted as prescribed in section 126C.05, subdivision 1.
88.12    (b) "Essential personnel" means teachers, cultural liaisons, related services, and
88.13support services staff providing direct services to students. Essential personnel may also
88.14include special education paraprofessionals or clericals providing support to teachers and
88.15students by preparing paperwork and making arrangements related to special education
88.16compliance requirements, including parent meetings and individual education plans.
88.17Essential personnel does not include administrators and supervisors.
88.18    (c) "Average daily membership" has the meaning given it in section 126C.05.
88.19    (d) "Program growth factor" means 1.046 for fiscal year 2012 and later.

88.20    Sec. 9. Minnesota Statutes 2008, section 126C.10, subdivision 34, is amended to read:
88.21    Subd. 34. Basic alternative teacher compensation aid. (a) For fiscal years
88.222007 and later 2008, and 2009, the basic alternative teacher compensation aid for a
88.23school district with a plan approved under section 122A.414, subdivision 2b, equals 65
88.2473.1 percent of the alternative teacher compensation revenue under section 122A.415,
88.25subdivision 1 . The basic alternative teacher compensation aid for an intermediate school
88.26district or charter school with a plan approved under section 122A.414, subdivisions 2a
88.27and 2b , if the recipient is a charter school, equals $260 times the number of pupils enrolled
88.28in the school on October 1 of the previous fiscal year, or on October 1 of the current fiscal
88.29year for a charter school in the first year of operation, times the ratio of the sum of the
88.30alternative teacher compensation aid and alternative teacher compensation levy for all
88.31participating school districts to the maximum alternative teacher compensation revenue
88.32for those districts under section 122A.415, subdivision 1.
88.33    (b) For fiscal years 2010 and later, the basic alternative teacher compensation aid for
88.34a school with a plan approved under section 122A.414, subdivision 2b, equals 65 percent
88.35of the alternative teacher compensation revenue under section 122A.415, subdivision 1.
89.1The basic alternative teacher compensation aid for an intermediate school district or
89.2charter school with a plan approved under section 122A.414, subdivisions 2a and 2b, if
89.3the recipient is a charter school, equals $260 times the number of pupils enrolled in the
89.4school on October 1 of the previous year, or on October 1 of the current year for a charter
89.5school in the first year of operation, times the ratio of the sum of the alternative teacher
89.6compensation aid and alternative teacher compensation levy for all participating school
89.7districts to the maximum alternative teacher compensation revenue for those districts
89.8under section 122A.415, subdivision 1.
89.9(b) (c) Notwithstanding paragraphs (a) and (b) and section 122A.415, subdivision
89.101 , the state total basic alternative teacher compensation aid entitlement must not exceed
89.11$75,636,000 for fiscal year 2007 and later. The commissioner must limit the amount
89.12of alternative teacher compensation aid approved under section 122A.415 so as not to
89.13exceed these limits.
89.14EFFECTIVE DATE.This section is effective the day following final enactment.

89.15    Sec. 10. Minnesota Statutes 2008, section 127A.47, subdivision 5, is amended to read:
89.16    Subd. 5. Notification of resident district. A district educating a pupil who is
89.17a resident of another district must notify the district of residence within 60 days of the
89.18date the pupil is determined by the district to be a nonresident, but not later than August
89.191 following the end of the school year in which the pupil is educated. If the district of
89.20residence does not receive a notification from the providing district pursuant to this
89.21subdivision, it is not liable to that district for any tuition billing received after August 1
89.22of the next school year."
89.23Amend the title accordingly