1.1.................... moves to amend H.F. No. 1381 as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. Minnesota Statutes 2010, section 11A.16, subdivision 5, is amended to read:
1.6    Subd. 5. Calculation of income. As of the end of each fiscal year, the state
1.7board shall calculate the investment income earned by the permanent school fund. The
1.8investment income earned by the fund shall equal the amount of interest on debt securities
1.9and, dividends on equity securities, and interest earned on certified monthly earnings
1.10before transfer to the Department of Education. Gains and losses arising from the sale of
1.11securities shall be apportioned as follows:
1.12(a) If the sale of securities results in a net gain during a fiscal year, the gain shall
1.13be apportioned in equal installments over the next ten fiscal years to offset net losses in
1.14those years. If any portion of an installment is not needed to recover subsequent losses
1.15identified in paragraph (b) it shall be added to the principal of the fund.
1.16(b) If the sale of securities results in a net loss during a fiscal year, the net loss shall
1.17be recovered first from the gains in paragraph (a) apportioned to that fiscal year. If these
1.18gains are insufficient, any remaining net loss shall be recovered from interest and dividend
1.19income in equal installments over the following ten fiscal years.

1.20    Sec. 2. Minnesota Statutes 2010, section 123B.41, subdivision 2, is amended to read:
1.21    Subd. 2. Textbook. "Textbook" means any book or book substitute, including
1.22electronic books as well as other printed materials delivered electronically, which a
1.23pupil uses as a text or text substitute in a particular class or program in the school
1.24regularly attended and a copy of which is expected to be available for the individual use
1.25of each pupil in this class or program. The term shall be limited to books, workbooks,
2.1or manuals, whether bound or in loose-leaf form, as well as electronic books and other
2.2printed materials delivered electronically, intended for use as a principal source of study
2.3material for a given class or a group of students. The term includes only such secular,
2.4neutral and nonideological textbooks as are available, used by, or of benefit to Minnesota
2.5public school pupils.

2.6    Sec. 3. Minnesota Statutes 2010, section 123B.41, subdivision 5, is amended to read:
2.7    Subd. 5. Individualized instructional or cooperative learning materials.
2.8"Individualized instructional or cooperative learning materials" means educational
2.9materials which:
2.10(a) are designed primarily for individual pupil use or use by pupils in a cooperative
2.11learning group in a particular class or program in the school the pupil regularly attends;
2.12(b) are secular, neutral, nonideological and not capable of diversion for religious
2.13use; and
2.14(c) are available, used by, or of benefit to Minnesota public school pupils.
2.15Subject to the requirements in clauses (a), (b), and (c), "individualized instructional
2.16or cooperative learning materials" include, but are not limited to, the following if they
2.17do not fall within the definition of "textbook" in subdivision 2: published materials;
2.18periodicals; documents; pamphlets; photographs; reproductions; pictorial or graphic
2.19works; prerecorded video programs; prerecorded tapes, cassettes and other sound
2.20recordings; manipulative materials; desk charts; games; study prints and pictures; desk
2.21maps; models; learning kits; blocks or cubes; flash cards; individualized multimedia
2.22systems; prepared instructional computer software programs; choral and band sheet music;
2.23electronic books and other printed materials delivered electronically; and CD-Rom.
2.24"Individualized instructional or cooperative learning materials" do not include
2.25instructional equipment, instructional hardware, or ordinary daily consumable classroom
2.26supplies.

2.27    Sec. 4. Minnesota Statutes 2010, section 123B.63, subdivision 3, is amended to read:
2.28    Subd. 3. Capital project levy referendum. A district may levy the local tax
2.29rate approved by a majority of the electors voting on the question to provide funds for
2.30an approved project. The election must take place no more than five years before the
2.31estimated date of commencement of the project. The referendum must be held on a date
2.32set by the board. A district must meet the requirements of section 123B.71 for projects
2.33funded under this section. If a review and comment is required under section 123B.71,
2.34subdivision 8, a referendum for a project not receiving a positive review and comment by
3.1the commissioner under section 123B.71 must be approved by at least 60 percent of the
3.2voters at the election. The referendum may be called by the school board and may be held:
3.3    (1) separately, before an election for the issuance of obligations for the project
3.4under chapter 475; or
3.5    (2) in conjunction with an election for the issuance of obligations for the project
3.6under chapter 475; or
3.7    (3) notwithstanding section 475.59, as a conjunctive question authorizing both the
3.8capital project levy and the issuance of obligations for the project under chapter 475. Any
3.9obligations authorized for a project may be issued within five years of the date of the
3.10election.
3.11    The ballot must provide a general description of the proposed project, state the
3.12estimated total cost of the project, state whether the project has received a positive or
3.13negative review and comment from the commissioner, state the maximum amount of the
3.14capital project levy as a percentage of net tax capacity, state the amount that will be raised
3.15by that local tax rate in the first year it is to be levied, and state the maximum number of
3.16years that the levy authorization will apply.
3.17    The ballot must contain a textual portion with the information required in this
3.18section and a question stating substantially the following:
3.19    "Shall the capital project levy proposed by the board of .......... School District
3.20No. .......... be approved?"
3.21    If approved, the amount provided by the approved local tax rate applied to the net
3.22tax capacity for the year preceding the year the levy is certified may be certified for the
3.23number of years, not to exceed ten, approved.
3.24    In the event a conjunctive question proposes to authorize both the capital project
3.25levy and the issuance of obligations for the project, appropriate language authorizing the
3.26issuance of obligations must also be included in the question.
3.27    The district must notify the commissioner of the results of the referendum.

3.28    Sec. 5. Minnesota Statutes 2010, section 123B.75, subdivision 5, is amended to read:
3.29    Subd. 5. Levy recognition. (a) For fiscal years 2009 and 2010, in June of each
3.30year, the school district must recognize as revenue, in the fund for which the levy was
3.31made, the lesser of:
3.32(1) the sum of May, June, and July school district tax settlement revenue received in
3.33that calendar year, plus general education aid according to section 126C.13, subdivision
3.344 , received in July and August of that calendar year; or
3.35(2) the sum of:
4.1(i) 31 percent of the referendum levy certified according to section 126C.17, in
4.2calendar year 2000; and
4.3(ii) the entire amount of the levy certified in the prior calendar year according to
4.4section 124D.86, subdivision 4, for school districts receiving revenue under sections
4.5124D.86, subdivision 3 , clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, paragraph
4.6(a), and 3 , paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48,
4.7subdivision 6 ; plus
4.8(iii) zero percent of the amount of the levy certified in the prior calendar year for the
4.9school district's general and community service funds, plus or minus auditor's adjustments,
4.10not including the levy portions that are assumed by the state, that remains after subtracting
4.11the referendum levy certified according to section 126C.17 and the amount recognized
4.12according to item (ii).
4.13(b) For fiscal year 2011 and later years, in June of each year, the school district must
4.14recognize as revenue, in the fund for which the levy was made, the lesser of:
4.15(1) the sum of May, June, and July school district tax settlement revenue received in
4.16that calendar year, plus general education aid according to section 126C.13, subdivision
4.174, received in July and August of that calendar year; or
4.18(2) the sum of:
4.19(i) the greater of 48.6 percent of the referendum levy certified according to section
4.20126C.17 in the prior calendar year, or 31 percent of the referendum levy certified
4.21according to section 126C.17 in calendar year 2000; plus
4.22(ii) the entire amount of the levy certified in the prior calendar year according to
4.23section 124D.4531, 124D.86, subdivision 4, for school districts receiving revenue under
4.24sections 124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2,
4.25paragraph (a), and 3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457;
4.26and 126C.48, subdivision 6; plus
4.27(iii) 48.6 percent of the amount of the levy certified in the prior calendar year for the
4.28school district's general and community service funds, plus or minus auditor's adjustments,
4.29not including the levy portions that are assumed by the state, that remains after subtracting
4.30the referendum levy certified according to section 126C.17 and the amount recognized
4.31according to item (ii).

4.32    Sec. 6. Minnesota Statutes 2010, section 125A.79, subdivision 1, is amended to read:
4.33    Subdivision 1. Definitions. For the purposes of this section, the definitions in this
4.34subdivision apply.
4.35    (a) "Unreimbursed special education cost" means the sum of the following:
5.1    (1) expenditures for teachers' salaries, contracted services, supplies, equipment, and
5.2transportation services eligible for revenue under section 125A.76; plus
5.3    (2) expenditures for tuition bills received under sections 125A.03 to 125A.24 and
5.4125A.65 for services eligible for revenue under section 125A.76, subdivision 2; minus
5.5    (3) revenue for teachers' salaries, contracted services, supplies, equipment, and
5.6transportation services under section 125A.76; minus
5.7    (4) tuition receipts under sections 125A.03 to 125A.24 and 125A.65 for services
5.8eligible for revenue under section 125A.76, subdivision 2.
5.9    (b) "General revenue" for a school district means the sum of the general education
5.10revenue according to section 126C.10, subdivision 1, excluding alternative teacher
5.11compensation revenue, plus the total qualifying referendum revenue specified in paragraph
5.12(e) minus transportation sparsity revenue minus and total operating capital revenue.
5.13"General revenue" for a charter school means the sum of the general education revenue
5.14according to section 124D.11, subdivision 1, excluding alternative teacher compensation
5.15revenue, referendum equalization aid, transportation sparsity revenue, and operating
5.16capital revenue, and transportation revenue according to section 124D.11, subdivision 2.
5.17    (c) "Average daily membership" has the meaning given it in section 126C.05.
5.18    (d) "Program growth factor" means 1.02 for fiscal year 2012 and later.
5.19    (e) "Total qualifying referendum revenue" means two-thirds of the district's total
5.20referendum revenue as adjusted according to section 127A.47, subdivision 7, paragraphs
5.21(a) to (c), for fiscal year 2006, one-third of the district's total referendum revenue for fiscal
5.22year 2007, and none of the district's total referendum revenue for fiscal year 2008 and later.
5.23EFFECTIVE DATE.This section is effective the day following final enactment.

5.24    Sec. 7. Minnesota Statutes 2010, section 126C.10, subdivision 8a, is amended to read:
5.25    Subd. 8a. Sparsity revenue for school districts that close facilities. A school
5.26district that closes a school facility is eligible for elementary and secondary sparsity
5.27revenue equal to the greater of the amounts calculated under subdivisions 6, 7, and 8 or
5.28the total amount of sparsity revenue for the previous fiscal year if the school board of the
5.29district has adopted a written resolution stating that the district intends to close the school
5.30facility, but cannot proceed with the closure without the adjustment to sparsity revenue
5.31authorized by this subdivision. The written resolution must be approved by the school
5.32board and filed with the commissioner of education at least 60 days prior to the start of the
5.33fiscal year for which aid under this subdivision is first requested.
6.1EFFECTIVE DATE.This section is effective for board resolutions approved by
6.2the school board in fiscal year 2011 and later for sparsity revenue calculations in fiscal
6.3year 2012 and later.

6.4    Sec. 8. Minnesota Statutes 2010, section 126C.15, subdivision 2, is amended to read:
6.5    Subd. 2. Building allocation. (a) A district or cooperative must allocate its
6.6compensatory revenue to each school building in the district or cooperative where
6.7the children who have generated the revenue are served unless the school district or
6.8cooperative has received permission under Laws 2005, First Special Session chapter 5,
6.9article 1, section 50, to allocate compensatory revenue according to student performance
6.10measures developed by the school board.
6.11    (b) Notwithstanding paragraph (a), a district or cooperative may allocate up to
6.12five percent of the amount of compensatory revenue that the district receives to school
6.13sites according to a plan adopted by the school board. The money reallocated under
6.14this paragraph must be spent for the purposes listed in subdivision 1, but may be
6.15spent on students in any grade, including students attending school readiness or other
6.16prekindergarten programs.
6.17    (c) For the purposes of this section and section 126C.05, subdivision 3, "building"
6.18means education site as defined in section 123B.04, subdivision 1.
6.19    (d) Notwithstanding section 123A.26, subdivision 1, compensatory revenue
6.20generated by students served at a cooperative unit shall be paid to the cooperative unit.
6.21    (e) A district or cooperative with school building openings, school building
6.22closings, changes in attendance area boundaries, or other changes in programs or student
6.23demographics between the prior year and the current year may reallocate compensatory
6.24revenue among sites to reflect these changes. A district or cooperative must report to the
6.25department any adjustments it makes according to this paragraph and the department must
6.26use the adjusted compensatory revenue allocations in preparing the report required under
6.27section 123B.76, subdivision 3, paragraph (c).

6.28    Sec. 9. Minnesota Statutes 2010, section 126C.41, subdivision 2, is amended to read:
6.29    Subd. 2. Retired employee health benefits. (a) A district may levy an amount up
6.30to the amount the district is required by the collective bargaining agreement in effect
6.31on March 30, 1992, to pay for health insurance or unreimbursed medical expenses for
6.32licensed and nonlicensed employees who have terminated services in the employing
6.33district and withdrawn from active teaching service or other active service, as applicable,
6.34before July 1, 1992, and to pay for health insurance or unreimbursed medical expenses
7.1for licensed and nonlicensed employees who have terminated services in the employing
7.2district and withdrawn from active teaching service or other active service, as applicable
7.3before July 1, 1998, only if a sunset clause is in effect for the current collective bargaining
7.4agreement. The total amount of the levy each year may not exceed $600,000.
7.5(b) In addition to the levy authority granted under paragraph (a), a school district
7.6may levy for other postemployment benefits expenses actually paid during the previous
7.7fiscal year. For purposes of this subdivision, "postemployment benefits" means benefits
7.8giving rise to a liability under Statement No. 45 of the Government Accounting Standards
7.9Board. A district seeking levy authority under this subdivision must:
7.10(1) create or have created an actuarial liability to pay postemployment benefits to
7.11employees or officers after their termination of service;
7.12(2) have a sunset clause in effect for the current collective bargaining agreement as
7.13required by paragraph (a); and
7.14(3) apply for the authority in the form and manner required by the commissioner
7.15of education.
7.16If the total levy authority requested under this paragraph exceeds the amount established
7.17in paragraph (c), the commissioner must proportionately reduce each district's maximum
7.18levy authority under this subdivision. The commissioner may subsequently adjust each
7.19district's levy authority under this subdivision so long as the total levy authority does not
7.20exceed the maximum levy authority for that year.
7.21(c) The maximum levy authority under paragraph (b) must not exceed the following
7.22amounts:
7.23(1) $9,242,000 for taxes payable in 2010;
7.24(2) $29,863,000 for taxes payable in 2011; and
7.25(3) for taxes payable in 2012 and later, the maximum levy authority must not exceed
7.26the sum of the previous year's authority and $14,000,000.

7.27    Sec. 10. REPEALER.
7.28Minnesota Statutes 2010, section 126C.457, is repealed.


7.31    Section 1. Minnesota Statutes 2010, section 13.32, subdivision 6, is amended to read:
7.32    Subd. 6. Admissions forms; remedial instruction. (a) Minnesota postsecondary
7.33education institutions, for purposes of reporting and research, may collect on the
7.341986-1987 admissions form, and disseminate to any public educational agency or
8.1institution the following data on individuals: student sex, ethnic background, age, and
8.2disabilities. The data shall not be required of any individual and shall not be used for
8.3purposes of determining the person's admission to an institution.
8.4(b) A school district that receives information under subdivision 3, paragraph (h)
8.5from a postsecondary institution about an identifiable student shall maintain the data
8.6as educational data and use that data to conduct studies to improve instruction. Public
8.7postsecondary systems annually shall provide summary data to the Department of
8.8Education indicating the extent and content of the remedial instruction received in each
8.9system during the prior academic year by, and the results of assessment testing and the
8.10academic performance of, students who graduated from a Minnesota school district within
8.11two years before receiving the remedial instruction, and include as separate categories of
8.12summary data the number and percentage of recent high school graduates who prepared
8.13for postsecondary academic and career opportunities under section 120B.35, subdivision
8.143, paragraph (c), and the number of recent high school graduates who graduated as
8.15students with disabilities. The department shall evaluate the data and annually report its
8.16findings to the education committees of the legislature.
8.17(c) This section supersedes any inconsistent provision of law.

8.18    Sec. 2. Minnesota Statutes 2010, section 120A.22, subdivision 11, is amended to read:
8.19    Subd. 11. Assessment of performance. (a) Each year the performance of
8.20every child who is not enrolled in a public school must be assessed using a nationally
8.21norm-referenced standardized achievement examination. The superintendent of the
8.22district in which the child receives instruction and the person in charge of the child's
8.23instruction must agree about the specific examination to be used and the administration
8.24and location of the examination or a nationally recognized college entrance exam.
8.25(b) To the extent the examination in paragraph (a) does not provide assessment in
8.26all of the subject areas in subdivision 9, the parent must assess the child's performance
8.27in the applicable subject area. This requirement applies only to a parent who provides
8.28instruction and does not meet the requirements of subdivision 10, clause (1), (2), or (3).
8.29(c) If the results of the assessments in paragraphs (a) and (b) indicate that the
8.30child's performance on the total battery score is at or below the 30th percentile or one
8.31grade level below the performance level for children of the same age, the parent must
8.32obtain additional evaluation of the child's abilities and performance for the purpose of
8.33determining whether the child has learning problems.
9.1(d) (b) A child receiving instruction from a nonpublic school, person, or institution
9.2that is accredited by an accrediting agency, recognized according to section 123B.445, or
9.3recognized by the commissioner, is exempt from the requirements of this subdivision.

9.4    Sec. 3. Minnesota Statutes 2010, section 120A.24, is amended to read:
9.5120A.24 REPORTING.
9.6    Subdivision 1. Reports to superintendent. (a) The person in charge of providing
9.7instruction to a child must submit the following information to the superintendent of the
9.8district in which the child resides the name, birth date, and address of the child; the annual
9.9tests intended to be used under section 120A.22, subdivision 11, if required; the name of
9.10each instructor; and evidence of compliance with one of the requirements specified in
9.11section 120A.22, subdivision 10:
9.12(1) by October 1 of each the first school year, the name, birth date, and address
9.13of each child receiving instruction the child receives instruction after reaching the age
9.14of seven;
9.15(2) the name of each instructor and evidence of compliance with one of the
9.16requirements specified in section 120A.22, subdivision 10;
9.17(3) an annual instructional calendar; and
9.18(4) for each child instructed by a parent who meets only the requirement of section
9.19120A.22, subdivision 10, clause (6), a quarterly report card on the achievement of the
9.20child in each subject area required in section 120A.22, subdivision 9.
9.21(2) within 15 days of when a parent withdraws a child from public school after
9.22age seven to homeschool;
9.23(3) within 15 days of moving out of a district; and
9.24(4) by October 1 after a new resident district is established.
9.25(b) The person in charge of providing instruction to a child between the ages of
9.26seven and 16 must submit, by October 1 of each school year, a letter of intent to continue
9.27to provide instruction under this section for all students under the person's supervision and
9.28any changes to the information required in paragraph (a) for each student.
9.29(c) The superintendent may collect the required information under this section
9.30through an electronic or Web-based format, but must not require electronic submission
9.31of information under this section from the person in charge of reporting under this
9.32subdivision.
9.33    Subd. 2. Availability of documentation. (a) The person in charge of providing
9.34instruction to a child must make available maintain documentation indicating that the
9.35subjects required in section 120A.22, subdivision 9, are being taught and proof that the
10.1tests under section 120A.22, subdivision 11, have been administered. This documentation
10.2must include class schedules, copies of materials used for instruction, and descriptions of
10.3methods used to assess student achievement.
10.4(b) The parent of a child who enrolls full time in public school after having been
10.5enrolled in a home school under section 120A.22, subdivision 6, must provide the
10.6enrolling public school or school district with the child's scores on any tests administered
10.7to the child under section 120A.22, subdivision 11, and other education-related documents
10.8the enrolling school or district requires to determine where the child is placed in school
10.9and what course requirements apply. This paragraph does not apply to a shared time
10.10student who does not seek a public school diploma.
10.11(c) The person in charge of providing instruction to a child must make the
10.12documentation in this subdivision available to the county attorney when a case is
10.13commenced under section 120A.26, subdivision 5; chapter 260C; or when diverted under
10.14chapter 260A.
10.15    Subd. 3. Exemptions. A nonpublic school, person, or other institution that is
10.16accredited by an accrediting agency, recognized according to section 123B.445, or
10.17recognized by the commissioner, is exempt from the requirements in subdivisions 1 and
10.18subdivision 2, except for the requirement in subdivision 1, clause (1).
10.19    Subd. 4. Reports to the state. A superintendent must make an annual report to the
10.20commissioner of education by December 1 of the total number of nonpublic children
10.21reported as residing in the district. The report must include the following information:
10.22(1) the number of children residing in the district attending nonpublic schools or
10.23receiving instruction from persons or institutions other than a public school;
10.24(2) the number of children in clause (1) who are in compliance with section 120A.22
10.25and this section; and
10.26(3) the number of children in clause (1) who the superintendent has determined are
10.27not in compliance with section 120A.22 and this section.
10.28    Subd. 5. Obligations. Nothing in this section alleviates the obligations under
10.29section 120A.22.

10.30    Sec. 4. Minnesota Statutes 2010, section 120A.40, is amended to read:
10.31120A.40 SCHOOL CALENDAR.
10.32(a) Except for learning programs during summer, flexible learning year programs
10.33authorized under sections 124D.12 to 124D.127, and learning year programs under section
10.34124D.128 , a district must not commence an elementary or secondary school year before
10.35Labor Day, except as provided under paragraph (b). Days devoted to teachers' workshops
11.1may be held before Labor Day. Districts that enter into cooperative agreements are
11.2encouraged to adopt similar school calendars.
11.3(b) A district may begin the school year on any day before Labor Day:
11.4(1) to accommodate a construction or remodeling project of $400,000 or more
11.5affecting a district school facility;
11.6(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35
11.7with a district that qualifies under clause (1); or
11.8(3) if the district agrees to the same schedule with a school district in an adjoining
11.9state; or
11.10(4) if the district canceled at least two instructional school days in the previous
11.11school year because of a flood, tornado, or fire.
11.12EFFECTIVE DATE.This section is effective the day following final enactment.

11.13    Sec. 5. Minnesota Statutes 2010, section 120B.023, subdivision 2, is amended to read:
11.14    Subd. 2. Revisions and reviews required. (a) The commissioner of education must
11.15revise and appropriately embed technology and information literacy standards consistent
11.16with recommendations from school media specialists into the state's academic standards
11.17and graduation requirements and implement a review cycle for state academic standards
11.18and related benchmarks, consistent with this subdivision. During each review cycle, the
11.19commissioner also must examine the alignment of each required academic standard and
11.20related benchmark with the knowledge and skills students need for college readiness and
11.21advanced work in the particular subject area.
11.22(b) The commissioner in the 2006-2007 school year must revise and align the state's
11.23academic standards and high school graduation requirements in mathematics to require
11.24that students satisfactorily complete the revised mathematics standards, beginning in the
11.252010-2011 school year. Under the revised standards:
11.26(1) students must satisfactorily complete an algebra I credit by the end of eighth
11.27grade; and
11.28(2) students scheduled to graduate in the 2014-2015 school year or later must
11.29satisfactorily complete an algebra II credit or its equivalent.
11.30The commissioner also must ensure that the statewide mathematics assessments
11.31administered to students in grades 3 through 8 and 11 are aligned with the state academic
11.32standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph
11.33(b). The commissioner must implement a review of the academic standards and related
11.34benchmarks in mathematics beginning in the 2015-2016 school year.
12.1(c) The commissioner in the 2007-2008 school year must revise and align the state's
12.2academic standards and high school graduation requirements in the arts to require that
12.3students satisfactorily complete the revised arts standards beginning in the 2010-2011
12.4school year. The commissioner must implement a review of the academic standards and
12.5related benchmarks in arts beginning in the 2016-2017 school year.
12.6(d) The commissioner in the 2008-2009 school year must revise and align the state's
12.7academic standards and high school graduation requirements in science to require that
12.8students satisfactorily complete the revised science standards, beginning in the 2011-2012
12.9school year. Under the revised standards, students scheduled to graduate in the 2014-2015
12.10school year or later must satisfactorily complete a chemistry or, physics, or career and
12.11technical education credit. The commissioner must implement a review of the academic
12.12standards and related benchmarks in science beginning in the 2017-2018 school year.
12.13(e) The commissioner in the 2009-2010 school year must revise and align the state's
12.14academic standards and high school graduation requirements in language arts to require
12.15that students satisfactorily complete the revised language arts standards beginning in the
12.162012-2013 school year. The commissioner must implement a review of the academic
12.17standards and related benchmarks in language arts beginning in the 2018-2019 school year.
12.18(f) The commissioner in the 2010-2011 school year must revise and align the state's
12.19academic standards and high school graduation requirements in social studies to require
12.20that students satisfactorily complete the revised social studies standards beginning in the
12.212013-2014 school year. The commissioner must implement a review of the academic
12.22standards and related benchmarks in social studies beginning in the 2019-2020 school year.
12.23(g) School districts and charter schools must revise and align local academic
12.24standards and high school graduation requirements in health, world languages, and career
12.25and technical education to require students to complete the revised standards beginning
12.26in a school year determined by the school district or charter school. School districts and
12.27charter schools must formally establish a periodic review cycle for the academic standards
12.28and related benchmarks in health, world languages, and career and technical education.
12.29(h) The commissioner is prohibited from adopting common core state standards
12.30in any subject and school year listed in any revision cycle under this section that were
12.31developed with the participation of the National Governors Association and the Council
12.32of Chief State School Officers.

12.33    Sec. 6. Minnesota Statutes 2010, section 120B.11, is amended to read:
12.34120B.11 SCHOOL DISTRICT PROCESS FOR REVIEWING CURRICULUM,
12.35INSTRUCTION, AND STUDENT ACHIEVEMENT.
13.1    Subdivision 1. Definitions. For the purposes of this section and section 120B.10,
13.2the following terms have the meanings given them.
13.3(a) "Instruction" means methods of providing learning experiences that enable a
13.4student to meet state and district academic standards and graduation requirements.
13.5(b) "Curriculum" means district or school adopted programs and written plans for
13.6providing students with learning experiences that lead to expected knowledge and skills
13.7and college and career readiness.
13.8    Subd. 2. Adopting policies. A school board shall have in place an adopted written
13.9adopt a policy to support and improve teaching and learning that includes the following:
13.10(1) district goals for instruction including the use of best teaching practices, district
13.11and school curriculum, and achievement for all student subgroups identified in section
13.12120B.35, subdivision 3, paragraph (b), clause (2);
13.13(2) a process for evaluating each student's progress toward meeting state and local
13.14academic standards and identifying the strengths and weaknesses of instruction in pursuit
13.15of student and school success and curriculum affecting students' progress academic
13.16achievement and growth;
13.17(3) a performance-based system for periodically reviewing and evaluating the
13.18effectiveness all instruction and curriculum;
13.19(4) a plan for improving instruction, curriculum, and student academic achievement
13.20and growth; and
13.21(5) an education effectiveness plan aligned with section sections 120B.023,
13.22subdivision 2, and 122A.625 that integrates high quality instruction, rigorous curriculum,
13.23and technology, and a collaborative professional culture that develops teacher quality,
13.24performance, and effectiveness.
13.25    Subd. 3. District advisory committee. Each school board shall establish an
13.26advisory committee to ensure active community participation in all phases of planning and
13.27improving the instruction and curriculum affecting state and district academic standards,
13.28consistent with subdivision 2. A district advisory committee, to the extent possible,
13.29shall reflect the diversity of the district and its learning school sites, and shall include
13.30teachers, parents, support staff, students, and other community residents. The district
13.31may establish building site teams as subcommittees of the district advisory committee
13.32under subdivision 4. The district advisory committee shall recommend to the school
13.33board rigorous academic standards, student achievement goals and measures consistent
13.34with section 120B.35, district assessments, and program evaluations. Learning School
13.35sites may expand upon district evaluations of instruction, curriculum, assessments, or
14.1programs. Whenever possible, parents and other community residents shall comprise at
14.2least two-thirds of advisory committee members.
14.3    Subd. 4. Building Site team. A school may establish a building site team to develop
14.4and implement an education effectiveness plan to improve instruction, curriculum,
14.5and student achievement at the school site, consistent with subdivision 2. The team
14.6shall advise the board and the advisory committee about developing an instruction and
14.7curriculum improvement plan that aligns curriculum, assessment of student progress in
14.8meeting state and district academic standards, and instruction.
14.9    Subd. 5. Local report. (a) By October 1 of each year, the school board shall use
14.10standard statewide reporting procedures the commissioner develops and adopt a report
14.11that includes the following:
14.12(1) student achievement goals for meeting state academic standards;
14.13(2) results of local assessment data, and any additional test data;
14.14(3) the annual school district improvement plans including staff development goals
14.15under section 122A.60;
14.16(4) information about district and learning site progress in realizing previously
14.17adopted improvement plans; and
14.18(5) the amount and type of revenue attributed to each education site as defined
14.19in section 123B.04.
14.20(b) Consistent with requirements for school performance report cards under section
14.21120B.36, subdivision 1, the school board shall publish a summary of the report about
14.22student achievement goals, local assessment outcomes, plans for improving curriculum
14.23and instruction, and success in realizing previously adopted improvement plans in the
14.24local newspaper with the largest circulation in the district, by mail, or by electronic means
14.25such as the district Web site. If electronic means are used, school districts must publish
14.26notice of the report in a periodical of general circulation in the district. School districts
14.27must make copies of the report available to the public on request.
14.28(c) The title of the report shall contain the name and number of the school district and
14.29read "Annual Report on Curriculum, Instruction, and Student Achievement." The report
14.30must include at least the following information about advisory committee membership:
14.31(1) the name of each committee member and the date when that member's term
14.32expires;
14.33(2) the method and criteria the school board uses to select committee members; and
14.34(3) the date by which a community resident must apply to next serve on the
14.35committee.
15.1    Subd. 6. Student evaluation. The school board annually shall provide high school
15.2graduates or GED recipients who receive received a diploma or its equivalent from the
15.3school district with the two previous school years with an opportunity to report to the
15.4board by electronic means on the following:
15.5(1) the quality of district instruction, curriculum, and services; and
15.6(2) the quality of district delivery of instruction, curriculum, and services;
15.7(3) the utility of district facilities; and
15.8(4) the effectiveness of district administration.
15.9For purposes of improving instruction and curriculum and consistent with section
15.1013.32, subdivision 6, paragraph (b), the board must forward a summary of its evaluation
15.11findings to the commissioner upon request.
15.12    Subd. 7. Periodic report. Each school district shall periodically ask affected
15.13constituencies about their level of satisfaction with school. The district shall include the
15.14results of this evaluation in the report required under subdivision 5.
15.15    Subd. 8. Biennial evaluation; assessment program. At least once every two years,
15.16the district report under subdivision 5 shall include an evaluation of the effectiveness of
15.17district testing programs, according to the following:
15.18(1) written objectives of the assessment program;
15.19(2) names of tests and grade levels tested;
15.20(3) use of test results; and
15.21(4) student achievement results compared to previous years.
15.22EFFECTIVE DATE.This section is effective the day following final enactment
15.23and applies to reports on the 2011-2012 school year and later.

15.24    Sec. 7. [120B.115] HELPING STUDENTS ACQUIRE GRADE-LEVEL
15.25READING PROFICIENCY BY THE END OF GRADE 3.
15.26    Subdivision 1. Local literacy plan for students to achieve grade-level reading
15.27proficiency. (a) To ensure every child succeeds in reading at or above grade level by
15.28the end of grade 3, to identify and remediate students' reading deficiencies in a timely
15.29manner, and to intervene effectively when students experience reading difficulties so that
15.30they acquire the skills they need to make academic progress throughout elementary and
15.31secondary school, and consistent with this section and section 120B.12, school districts
15.32and charter schools must develop a local literacy plan to monitor the reading proficiency
15.33of students in kindergarten through grade 3, inform parents of their students' reading
15.34proficiency and growth, and set intervention strategies to bring students to grade-level
15.35proficiency. Any student who is identified as not being grade-level proficient in reading
16.1based on state or local reading assessments is a student with a reading deficiency for
16.2purposes of this section.
16.3(b) Consistent with its local literacy plan, school sites within the district and charter
16.4schools annually must assess a student's reading proficiency and provide intensive reading
16.5instruction to any student who in any grade kindergarten through grade 3 is identified
16.6as having a reading deficiency. Each September and May and periodically throughout
16.7the school year, school sites within a district and charter schools must transmit to each
16.8parent of an enrolled student updated and timely information about that student's reading
16.9needs, proficiency, and growth toward becoming a successful grade-level reader, and,
16.10where applicable, information about interventions under subdivision 2, paragraph (c).
16.11Reading assessments must identify the nature of a student's difficulty, the student's areas
16.12of academic need, and strategies for providing the student with appropriate intervention,
16.13support, and instruction. A student must continue to receive intensive, comprehensive,
16.14scientifically based reading instruction in the five reading areas: phonemic awareness,
16.15phonics, fluency, vocabulary, and comprehension; as defined in section 122A.06, until the
16.16student achieves grade-level reading proficiency.
16.17(c) Beginning in the 2014-2015 school year and later, school sites within a district
16.18or a charter school must not promote to grade 4 a student who is unable to demonstrate
16.19grade-level proficiency as measured by the statewide reading assessment in grade 3 or
16.20locally determined reading assessments but may establish a good cause exception to
16.21ensure a student is not unnecessarily retained in grade 3, consistent with paragraph (f).
16.22At the start of grade 3, a district or charter school, consistent with its literacy plan under
16.23paragraph (a), must give written notice to the parent of a student who demonstrates a
16.24reading deficiency of the following:
16.25(1) the student has been identified as having a reading deficiency;
16.26(2) reading-related services currently being provided to the student;
16.27(3) proposed supplemental instructional services and supports to be provided to the
16.28student to remediate the student's identified reading deficiencies;
16.29(4) a student whose reading deficiencies are not remediated by the end of grade 3
16.30must be retained in grade 3 unless a good cause exception applies;
16.31(5) strategies for parents to use in helping their student succeed in becoming
16.32grade-level proficient in reading; and
16.33(6) that the annual statewide reading assessment score is not the sole factor in
16.34determining whether a student is promoted and multiple assessments of a student's reading
16.35proficiency, including additional evaluations, portfolio reviews, and local assessments are
17.1available to help parents and the district or charter school decide whether a student is
17.2reading at or above grade level and ready to be promoted to grade 4.
17.3(d) No district or charter school may assign a student to grade 4 based solely on the
17.4student's age or any other factor that relates to keeping the student with the student's social
17.5peers despite the student's reading deficiencies and constitutes social promotion. A student
17.6must be promoted to grade 4 only after demonstrating mastery of the reading skills needed
17.7to achieve academic success in grade 4 unless a good cause exception applies.
17.8(e) Districts and charter schools must include in their literacy plan under paragraph
17.9(a) specific criteria and policies for promoting midyear to grade 4 a student retained in
17.10grade 3 who subsequently demonstrates grade level reading proficiency.
17.11(f) Under a good cause exception established by the district or charter school in its
17.12literacy plan under paragraph (a), a student who does not demonstrate grade-level reading
17.13proficiency on the statewide reading assessment by the end of grade 3 may be promoted to
17.14grade 4 if the student is:
17.15(1) a limited English proficient student who has not received instruction in an
17.16English language learner program during two school years;
17.17(2) an eligible child with disabilities whose individualized education program
17.18indicates that participating in the statewide reading assessment program is not appropriate;
17.19(3) a student who demonstrates grade-level reading proficiency on an alternative
17.20locally approved standardized reading assessment or, using a student portfolio compiled
17.21by the teacher for this purpose, demonstrates grade-level reading proficiency;
17.22(4) an eligible child with disabilities who participates in statewide assessments
17.23under an individualized education program or Section 504 plan that indicates that the
17.24child has received intensive reading remediation for more than two school years, remains
17.25substantially deficient in reading, and was previously retained in one or more grades in an
17.26appropriate alternative placement, consistent with the student's individualized education
17.27program; or
17.28(5) a student who received intensive reading instruction for two or more school years,
17.29continues to be substantially deficient in reading, and was previously retained for a total of
17.30two school years in an appropriate alternative placement as part of the local literacy plan.
17.31A student who is promoted to grade 4 under clause (5) must continue to be provided
17.32specialized diagnostic information and specific research-based reading strategies during
17.33the school day that are designed to improve the student's reading proficiency under
17.34subdivision 2.
17.35(g) To request that a student be promoted to grade 4 under paragraph (e), a teacher
17.36must submit to the school principal or other person having administrative control of the
18.1school either the student's progress monitoring plan, individualized education program,
18.2report card, or student portfolio that demonstrates, based on the student's record, that it is
18.3appropriate to promote the student. The principal or other chief school administrator must
18.4review the evidence and, after consulting with the student's teacher, determine whether
18.5or not to promote the student. A principal employed by a school district must notify the
18.6school superintendent of a decision to promote a student under this paragraph.
18.7    Subd. 2. Supporting success in reading proficiency for retained students.
18.8(a) Using valid and reliable diagnostic assessments, school sites within a district or a
18.9charter school must provide a student who is not meeting grade-level reading standards
18.10under this section with intensive, comprehensive, scientifically based reading instruction
18.11and interventions, consistent with section 122A.06, subdivision 4, until the student
18.12demonstrates grade-level reading proficiency. The student must receive expanded
18.13instructional time and interventions that accommodate the student's learning style and
18.14provide intensive skill development in phonemic awareness, phonics, fluency, vocabulary,
18.15and comprehension, consistent with sections 120B.12 and 122A.06.
18.16(b) Beginning in the 2014-2015 school year, school sites within a district or a
18.17charter school, in consultation with a student's parent, must review the student progress
18.18monitoring plan for each student in grade 3 who is unable to demonstrate grade-level
18.19proficiency on the statewide reading assessment and who does not meet the criteria for a
18.20good cause exception. The review must identify additional supports and services needed
18.21to remediate students' reading deficiency and enable the students to attain grade-level
18.22reading proficiency.
18.23(c) School sites within Districts and charter schools, consistent with their literacy
18.24plan under subdivision 1, paragraph (a), must provide a student who is not a grade-level
18.25reader or not promoted to grade 4 with intensive interventions to enhance the student's
18.26ability to become a successful, grade-level reader. These interventions may include but
18.27are not limited to:
18.28(1) small group instruction;
18.29(2) more frequent progress monitoring;
18.30(3) tutoring or mentoring by an individual trained in scientifically based reading
18.31instruction;
18.32(4) extended school day, week, or year programs; and
18.33(5) summer reading camps.
18.34(d) School sites within A district or a charter school, consistent with its literacy plan
18.35under subdivision 1, paragraph (a), must notify a parent in writing when a student is not
18.36promoted because the student has a substantial reading deficiency and is ineligible for a
19.1good cause exception under subdivision 1, paragraph (f). The notice must indicate the
19.2interventions and supports that the school site or charter school will provide to the student
19.3to remediate the student's reading deficiencies. The notice also must offer parents at least
19.4one of the following instructional options for their student:
19.5(1) supplemental tutoring in comprehensive, scientifically based reading instruction,
19.6including tutoring before or after school;
19.7(2) a read-at-home plan with parent-guided home reading; or
19.8(3) a mentor or tutor with specialized reading training.
19.9(e) The commissioner annually must analyze and publicly report data on the number
19.10of students retained under this subdivision and section 120B.36, subdivision 1, paragraph
19.11(f), on a school-by-school basis to indicate the extent of state and local progress in
19.12enabling students to attain grade-level reading proficiency by the end of grade 3.
19.13EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
19.14later.

19.15    Sec. 8. Minnesota Statutes 2010, section 120B.12, is amended to read:
19.16120B.12 READING INTERVENTION.
19.17    Subdivision 1. Literacy goal. The legislature seeks to have Minnesota's children
19.18able to read no later than the end of second third grade.
19.19    Subd. 2. Identification; report. For the 2002-2003 school year and later, Each
19.20school district and charter school shall identify before the end of first second grade
19.21students who are at risk of not learning to read reading at or above grade level before the
19.22end of second third grade. The district and charter school must use a locally adopted
19.23assessment method, consistent with section 120B.115, subdivision 1, to assess a student's
19.24reading proficiency and to intervene effectively when a student demonstrates reading
19.25deficiencies. The district and charter school must annually report the assessment results
19.26of the assessment to the commissioner by June 1, consistent with section 120B.36,
19.27subdivision 1, paragraph (f).
19.28    Subd. 3. Intervention. For each student identified under subdivision 2, the district
19.29and charter school shall provide a reading intervention method or program to assist the
19.30student in reaching the goal of learning to read reading at or above grade level no later
19.31than the end of second third grade. District intervention methods shall encourage parental
19.32involvement and, where possible, collaboration with appropriate school and community
19.33programs. Intervention methods may include, but are not limited to, requiring attendance
20.1in summer school and intensified reading instruction that may require that the student be
20.2removed from the regular classroom for part of the school day.
20.3    Subd. 4. Staff development. Each district and charter school shall identify the staff
20.4development needs to ensure that:
20.5(1) elementary teachers are able to implement comprehensive, scientifically based,
20.6and balanced reading instruction programs that have resulted in improved student
20.7performance;
20.8(2) elementary teachers who are instructing students identified under subdivision 2
20.9are prepared to teach using the intervention methods or programs selected by the district
20.10or charter school for the identified students; and
20.11(3) all licensed teachers employed by the district or charter school have regular
20.12opportunities to improve reading instruction.
20.13    Subd. 5. Commissioner. The commissioner shall recommend to districts and
20.14charter schools multiple assessment tools that will assist districts, charter schools, and
20.15teachers with identifying students under subdivision 2. The commissioner shall also
20.16make available to districts and charter schools examples of nationally recognized and
20.17research-based instructional methods or programs that districts and charter schools may
20.18use to provide reading intervention according to this section and section 120B.115.
20.19EFFECTIVE DATE.This section is effective the day following final enactment
20.20and applies to school districts on that date. For charter schools, this section is effective
20.21for the 2014-2015 school year and later.

20.22    Sec. 9. Minnesota Statutes 2010, section 120B.30, subdivision 1, is amended to read:
20.23    Subdivision 1. Statewide testing. (a) The commissioner, with advice from experts
20.24with appropriate technical qualifications and experience and stakeholders, consistent with
20.25subdivision 1a, shall include in the comprehensive assessment system, for each grade
20.26level to be tested, state-constructed tests developed from and aligned with the state's
20.27required academic standards under section 120B.021, include multiple choice questions,
20.28and be administered annually to all students in grades 3 through 8. State-developed
20.29high school tests aligned with the state's required academic standards under section
20.30120B.021 and administered to all high school students in a subject other than writing
20.31must include multiple choice questions. The commissioner shall establish one or more
20.32months during which schools shall administer the tests to students each school year.
20.33Schools that the commissioner identifies for stand-alone field testing or other national
20.34sampling must participate as directed. Superintendents or charter school directors may
20.35appeal in writing to the commissioner for an exemption from a field test based on undue
21.1hardship. The commissioner's decision regarding the appeal is final. For students enrolled
21.2in grade 8 before the 2005-2006 school year, Minnesota basic skills tests in reading,
21.3mathematics, and writing shall fulfill students' basic skills testing requirements for a
21.4passing state notation. The passing scores of basic skills tests in reading and mathematics
21.5are the equivalent of 75 percent correct for students entering grade 9 based on the first
21.6uniform test administered in February 1998. Students who have not successfully passed
21.7a Minnesota basic skills test by the end of the 2011-2012 school year must pass the
21.8graduation-required assessments for diploma under paragraph (c).
21.9(b) The state assessment system must be aligned to the most recent revision of
21.10academic standards as described in section 120B.023 in the following manner:
21.11(1) mathematics;
21.12(i) grades 3 through 8 beginning in the 2010-2011 school year; and
21.13(ii) high school level beginning in the 2013-2014 school year;
21.14(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
21.15school year; and
21.16(3) language arts and reading; grades 3 through 8 and high school level beginning in
21.17the 2012-2013 school year.
21.18    (c) For students enrolled in grade 8 in the 2005-2006 school year and later, only the
21.19following options shall fulfill students' state graduation test requirements:
21.20    (1) for reading and mathematics:
21.21    (i) obtaining an achievement level equivalent to or greater than proficient as
21.22determined through a standard setting process on the Minnesota comprehensive
21.23assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing
21.24score as determined through a standard setting process on the graduation-required
21.25assessment for diploma in grade 10 for reading and grade 11 for mathematics or
21.26subsequent retests;
21.27    (ii) achieving a passing score as determined through a standard setting process on the
21.28state-identified language proficiency test in reading and the mathematics test for English
21.29language learners or the graduation-required assessment for diploma equivalent of those
21.30assessments for students designated as English language learners;
21.31    (iii) achieving an individual passing score on the graduation-required assessment
21.32for diploma as determined by appropriate state guidelines for students with an individual
21.33education plan or 504 plan;
21.34    (iv) obtaining achievement level equivalent to or greater than proficient as
21.35determined through a standard setting process on the state-identified alternate assessment
22.1or assessments in grade 10 for reading and grade 11 for mathematics for students with
22.2an individual education plan; or
22.3    (v) achieving an individual passing score on the state-identified alternate assessment
22.4or assessments as determined by appropriate state guidelines for students with an
22.5individual education plan; and
22.6    (2) for writing:
22.7    (i) achieving a passing score on the graduation-required assessment for diploma;
22.8    (ii) achieving a passing score as determined through a standard setting process on
22.9the state-identified language proficiency test in writing for students designated as English
22.10language learners;
22.11    (iii) achieving an individual passing score on the graduation-required assessment
22.12for diploma as determined by appropriate state guidelines for students with an individual
22.13education plan or 504 plan; or
22.14    (iv) achieving an individual passing score on the state-identified alternate assessment
22.15or assessments as determined by appropriate state guidelines for students with an
22.16individual education plan.
22.17    (d) Students enrolled in grade 8 in any school year from the 2005-2006 school
22.18year to the 2009-2010 school year who do not pass the mathematics graduation-required
22.19assessment for diploma under paragraph (c) are eligible to receive a high school diploma
22.20if they:
22.21(1) complete with a passing score or grade all state and local coursework and credits
22.22required for graduation by the school board granting the students their diploma;
22.23(2) participate in district-prescribed academic remediation in mathematics; and
22.24    (3) fully participate in at least two retests of the mathematics GRAD test or until
22.25they pass the mathematics GRAD test, whichever comes first. A school, district, or charter
22.26school must place on the high school transcript a student's highest assessment score for
22.27each of the following statewide assessments on the student's high school transcript: the
22.28mathematics Minnesota Comprehensive Assessment, reading Minnesota Comprehensive
22.29Assessment, and writing Graduation-Required Assessment for Diploma, and when
22.30applicable, the mathematics Graduation-Required Assessment for Diploma and reading
22.31Graduation-Required Assessment for Diploma required for graduation.
22.32In addition, the school board granting the students their diplomas may formally
22.33decide to include a notation of high achievement on the high school diplomas of those
22.34graduating seniors who, according to established school board criteria, demonstrate
22.35exemplary academic achievement during high school.
23.1(e) The 3rd through 8th grade and high school test results shall be available to
23.2districts for diagnostic purposes affecting student learning and district instruction and
23.3curriculum, and for establishing educational accountability. The commissioner must
23.4disseminate to the public the high school test results upon receiving those results.
23.5    (f) The 3rd through 8th grade and high school tests must be aligned with state
23.6academic standards. The commissioner shall determine the testing process and the order
23.7of administration. The statewide results shall be aggregated at the site and district level,
23.8consistent with subdivision 1a.
23.9    (g) In addition to the testing and reporting requirements under this section, the
23.10commissioner shall include the following components in the statewide public reporting
23.11system:
23.12    (1) uniform statewide testing of all students in grades 3 through 8 and at the high
23.13school level that provides appropriate, technically sound accommodations or alternate
23.14assessments;
23.15    (2) educational indicators that can be aggregated and compared across school
23.16districts and across time on a statewide basis, including average daily attendance, high
23.17school graduation rates, and high school drop-out rates by age and grade level;
23.18    (3) state results on the American College Test; and
23.19    (4) state results from participation in the National Assessment of Educational
23.20Progress so that the state can benchmark its performance against the nation and other
23.21states, and, where possible, against other countries, and contribute to the national effort
23.22to monitor achievement.

23.23    Sec. 10. Minnesota Statutes 2010, section 120B.30, subdivision 4, is amended to read:
23.24    Subd. 4. Access to tests. Consistent with section 13.34, the commissioner must
23.25adopt and publish a policy to provide public and parental access for review of basic skills
23.26tests, Minnesota Comprehensive Assessments, or any other such statewide test and
23.27assessment which would not compromise the objectivity or fairness of the testing or
23.28examination process. Upon receiving a written request, the commissioner must make
23.29available to parents or guardians a copy of their student's actual responses to the test
23.30questions for their review.

23.31    Sec. 11. Minnesota Statutes 2010, section 120B.31, subdivision 4, is amended to read:
23.32    Subd. 4. Statistical adjustments; Student performance data. In developing
23.33policies and assessment processes to hold schools and districts accountable for high levels
23.34of academic standards under section 120B.021, the commissioner shall aggregate student
24.1data over time to report student performance and growth levels measured at the school,
24.2school district, and statewide level. When collecting and reporting the performance data,
24.3the commissioner shall: (1) acknowledge the impact of significant demographic factors
24.4such as residential instability, the number of single parent families, parents' level of
24.5education, and parents' income level on school outcomes; and (2) organize and report the
24.6data so that state and local policy makers can understand the educational implications
24.7of changes in districts' demographic profiles over time. Any report the commissioner
24.8disseminates containing summary data on student performance must integrate student
24.9performance and the demographic factors that strongly correlate with that performance.

24.10    Sec. 12. Minnesota Statutes 2010, section 120B.36, subdivision 1, is amended to read:
24.11    Subdivision 1. School performance report cards. (a) The commissioner
24.12shall report student academic performance under section 120B.35, subdivision 2; the
24.13percentages of students showing low, medium, and high growth under section 120B.35,
24.14subdivision 3 , paragraph (b); school safety and student engagement and connection
24.15under section 120B.35, subdivision 3, paragraph (d); rigorous coursework under
24.16section 120B.35, subdivision 3, paragraph (c); two separate student-to-teacher ratios
24.17that clearly indicate the definition of teacher consistent with sections 122A.06 and
24.18122A.15 for purposes of determining these ratios; staff characteristics excluding salaries;
24.19student enrollment demographics; district mobility; students' reading proficiency; and
24.20extracurricular activities. The report also must indicate a school's adequate yearly progress
24.21status, and must not set any designations applicable to high- and low-performing schools
24.22due solely to adequate yearly progress status.
24.23    (b) The commissioner shall develop, annually update, and post on the department
24.24Web site school performance report cards.
24.25    (c) The commissioner must make available performance report cards by the
24.26beginning of each school year.
24.27    (d) A school or district may appeal its adequate yearly progress status in writing to
24.28the commissioner within 30 days of receiving the notice of its status. The commissioner's
24.29decision to uphold or deny an appeal is final.
24.30    (e) School performance report card data are nonpublic data under section 13.02,
24.31subdivision 9 , until not later than ten days after the appeal procedure described in
24.32paragraph (d) concludes. The department shall annually post school performance report
24.33cards to its public Web site no later than September 1.
24.34(f) Consistent with this subdivision and sections 120B.115 and 120B.12, each school
24.35site within a district and charter school must report to parents and the department on:
25.1(1) on a grade-by-grade basis, the progress that students are making toward
25.2achieving local and state expectations for attaining reading proficiency and growth;
25.3(2) the effect of academic policies and procedures, including parent notification
25.4among other policies and procedures, on promoting and retaining students based on
25.5a student's reading proficiency;
25.6(3) the number and percentage of students in each grade 3 through 10 who do or do
25.7not demonstrate proficiency on statewide reading assessments;
25.8(4) the number and percentage of students promoted to grade 4 under section
25.9120B.115, subdivision 1, paragraph (f); and
25.10(5) changes in local literacy policies to increase the number of students in each grade
25.113 through 10 who demonstrate reading proficiency and growth.
25.12Upon request, the department may provide school sites within a district and charter
25.13schools with technical assistance to improve students' grade-level reading proficiency,
25.14consistent with the data under this subdivision and sections 120B.115 and 120B.12.
25.15EFFECTIVE DATE.This section is effective for the 2014-2015 school year and
25.16later, and applies to reports prepared using data from the 2014-2015 school year and later.

25.17    Sec. 13. Minnesota Statutes 2010, section 120B.36, subdivision 2, is amended to read:
25.18    Subd. 2. Adequate yearly progress and other data. All data the department
25.19receives, collects, or creates to determine adequate yearly progress status under Public
25.20Law 107-110, section 1116, set state growth targets, and determine student growth are
25.21nonpublic data under section 13.02, subdivision 9, until not later than ten days after the
25.22appeal procedure described in subdivision 1, paragraph (d), concludes the commissioner
25.23publicly releases the data. Districts must provide parents sufficiently detailed summary
25.24data to permit parents to appeal under Public Law 107-110, section 1116(b)(2). The
25.25department commissioner shall annually post federal adequate yearly progress data and
25.26state student growth data to its the department's public Web site no later than September
25.271, except that in years when adequate yearly progress reflects new performance standards,
25.28the commissioner shall post federal adequate yearly progress data and state student growth
25.29data no later than October 1.

25.30    Sec. 14. Minnesota Statutes 2010, section 121A.15, subdivision 8, is amended to read:
25.31    Subd. 8. Report. The administrator or other person having general control and
25.32supervision of the elementary or secondary school shall file a report with the commissioner
25.33on all persons enrolled in the school. The superintendent of each district shall file a report
25.34with the commissioner for all persons within the district receiving instruction in a home
26.1school in compliance with sections 120A.22 and 120A.24. The parent of persons receiving
26.2instruction in a home school shall submit the statements as required by subdivisions 1, 2,
26.33, and 4, and 12 to the superintendent of the district in which the person resides by October
26.41 of each school year the first year of their homeschooling in Minnesota and the grade 7
26.5year. The school report must be prepared on forms developed jointly by the commissioner
26.6of health and the commissioner of education and be distributed to the local districts by the
26.7commissioner of health. The school report must state the number of persons attending the
26.8school, the number of persons who have not been immunized according to subdivision 1 or
26.92, and the number of persons who received an exemption under subdivision 3, clause (c)
26.10or (d). The school report must be filed with the commissioner of education within 60 days
26.11of the commencement of each new school term. Upon request, a district must be given a
26.1260-day extension for filing the school report. The commissioner of education shall forward
26.13the report, or a copy thereof, to the commissioner of health who shall provide summary
26.14reports to boards of health as defined in section 145A.02, subdivision 2. The administrator
26.15or other person having general control and supervision of the child care facility shall file a
26.16report with the commissioner of human services on all persons enrolled in the child care
26.17facility. The child care facility report must be prepared on forms developed jointly by
26.18the commissioner of health and the commissioner of human services and be distributed
26.19to child care facilities by the commissioner of health. The child care facility report
26.20must state the number of persons enrolled in the facility, the number of persons with no
26.21immunizations, the number of persons who received an exemption under subdivision 3,
26.22clause (c) or (d), and the number of persons with partial or full immunization histories.
26.23The child care facility report must be filed with the commissioner of human services by
26.24November 1 of each year. The commissioner of human services shall forward the report,
26.25or a copy thereof, to the commissioner of health who shall provide summary reports to
26.26boards of health as defined in section 145A.02, subdivision 2. The report required by this
26.27subdivision is not required of a family child care or group family child care facility, for
26.28prekindergarten children enrolled in any elementary or secondary school provided services
26.29according to sections 125A.05 and 125A.06, nor for child care facilities in which at least
26.3075 percent of children in the facility participate on a onetime only or occasional basis to a
26.31maximum of 45 hours per child, per month.

26.32    Sec. 15. Minnesota Statutes 2010, section 122A.09, subdivision 4, is amended to read:
26.33    Subd. 4. License and rules. (a) The board must adopt rules to license public school
26.34teachers and interns subject to chapter 14.
27.1(b) The board must adopt rules requiring a person to successfully complete pass a
27.2skills examination in reading, writing, and mathematics as a requirement for initial teacher
27.3licensure. Such rules must require college and universities offering a board-approved
27.4teacher preparation program to provide offer remedial assistance to persons who did not
27.5achieve a qualifying score on the skills examination, including those for whom English is
27.6a second language.
27.7(c) The board must adopt rules to approve teacher preparation programs. The board,
27.8upon the request of a postsecondary student preparing for teacher licensure or a licensed
27.9graduate of a teacher preparation program, shall assist in resolving a dispute between the
27.10person and a postsecondary institution providing a teacher preparation program when the
27.11dispute involves an institution's recommendation for licensure affecting the person or the
27.12person's credentials. At the board's discretion, assistance may include the application
27.13of chapter 14.
27.14(d) The board must provide the leadership and shall adopt rules for the redesign of
27.15teacher education programs to implement a research based, results-oriented curriculum
27.16that focuses on the skills teachers need in order to be effective. The board shall implement
27.17new systems of teacher preparation program evaluation to assure program effectiveness
27.18based on proficiency of graduates in demonstrating attainment of program outcomes.
27.19(e) The board must adopt rules requiring candidates for initial licenses to successfully
27.20complete pass an examination of general pedagogical knowledge and examinations of
27.21licensure-specific teaching skills. The rules shall be effective by September 1, 2001.
27.22The rules under this paragraph also must require candidates for initial licenses to teach
27.23prekindergarten or elementary students to successfully complete pass, as part of the
27.24examination of licensure-specific teaching skills, test items assessing the candidates'
27.25knowledge, skill, and ability in comprehensive, scientifically based reading instruction
27.26under section 122A.06, subdivision 4, and their knowledge and understanding of the
27.27foundations of reading development, the development of reading comprehension, and
27.28reading assessment and instruction, and their ability to integrate that knowledge and
27.29understanding.
27.30(f) The board must adopt rules requiring teacher educators to work directly with
27.31elementary or secondary school teachers in elementary or secondary schools to obtain
27.32periodic exposure to the elementary or secondary teaching environment.
27.33(g) The board must grant licenses to interns and to candidates for initial licenses.
27.34(h) The board must design and implement an assessment system which requires a
27.35candidate for an initial license and first continuing license to demonstrate the abilities
27.36necessary to perform selected, representative teaching tasks at appropriate levels.
28.1(i) The board must receive recommendations from local committees as established
28.2by the board for the renewal of teaching licenses.
28.3(j) The board must grant life licenses to those who qualify according to requirements
28.4established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and
28.5214.10 . The board must not establish any expiration date for application for life licenses.
28.6(k) The board must adopt rules that require all licensed teachers who are renewing
28.7their continuing license to include in their renewal requirements further preparation in
28.8the areas of using positive behavior interventions and in accommodating, modifying, and
28.9adapting curricula, materials, and strategies to appropriately meet the needs of individual
28.10students and ensure adequate progress toward the state's graduation rule.
28.11(l) In adopting rules to license public school teachers who provide health-related
28.12services for disabled children, the board shall adopt rules consistent with license or
28.13registration requirements of the commissioner of health and the health-related boards who
28.14license personnel who perform similar services outside of the school.
28.15(m) The board must adopt rules that require all licensed teachers who are renewing
28.16their continuing license to include in their renewal requirements further reading
28.17preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect
28.18until they are approved by law. Teachers who do not provide direct instruction including, at
28.19least, counselors, school psychologists, school nurses, school social workers, audiovisual
28.20directors and coordinators, and recreation personnel are exempt from this section.
28.21(n) The board must adopt rules that require all licensed teachers who are renewing
28.22their continuing license to include in their renewal requirements further preparation
28.23in understanding the key warning signs of early-onset mental illness in children and
28.24adolescents.

28.25    Sec. 16. Minnesota Statutes 2010, section 122A.16, as amended by Laws 2011, chapter
28.265, section 2, is amended to read:
28.27122A.16 HIGHLY QUALIFIED TEACHER DEFINED.
28.28(a) A qualified teacher is one holding a valid license, under this chapter, to perform
28.29the particular service for which the teacher is employed in a public school.
28.30(b) For the purposes of the federal No Child Left Behind Act, a highly qualified
28.31teacher is one who holds a valid license under this chapter, including under section
28.32122A.245 , among other sections, to perform the particular service for which the teacher is
28.33employed in a public school or who meets the requirements of a highly objective uniform
28.34state standard of evaluation (HOUSSE) and is determined by local administrators as
28.35having highly qualified status according to the approved Minnesota highly qualified plan.
29.1Teachers delivering core content instruction must be deemed highly qualified at the local
29.2level and reported to the state via the staff automated reporting system.
29.3All Minnesota teachers teaching in a core academic subject area, as defined by the
29.4federal No Child Left Behind Act, in which they are not fully licensed may complete the
29.5following HOUSSE process in the core subject area for which the teacher is requesting
29.6highly qualified status by completing an application, in the form and manner described by
29.7the commissioner, that includes:
29.8(1) documentation of student achievement as evidenced by norm-referenced test
29.9results that are objective and psychometrically valid and reliable;
29.10(2) evidence of local, state, or national activities, recognition, or awards for
29.11professional contribution to achievement;
29.12(3) description of teaching experience in the teachers' core subject area in a public
29.13school under a waiver, variance, limited license or other exception; nonpublic school; and
29.14postsecondary institution;
29.15(4) test results from the Praxis II content test;
29.16(5) evidence of advanced certification from the National Board for Professional
29.17Teaching Standards;
29.18(6) evidence of the successful completion of course work or pedagogy courses; and
29.19(7) evidence of the successful completion of high quality professional development
29.20activities.
29.21Districts must assign a school administrator to serve as a HOUSSE reviewer to
29.22meet with teachers under this paragraph and, where appropriate, certify the teachers'
29.23applications. Teachers satisfy the definition of highly qualified when the teachers receive
29.24at least 100 of the total number of points used to measure the teachers' content expertise
29.25under clauses (1) to (7). Teachers may acquire up to 50 points only in any one clause (1)
29.26to (7). Teachers may use the HOUSSE process to satisfy the definition of highly qualified
29.27for more than one subject area.
29.28(c) Achievement of the HOUSSE criteria is not equivalent to a license. A teacher
29.29must obtain permission from the Board of Teaching in order to teach in a public school.
29.30EFFECTIVE DATE.This section is effective for the 2011-2012 school year and
29.31later.

29.32    Sec. 17. Minnesota Statutes 2010, section 122A.18, subdivision 2, is amended to read:
29.33    Subd. 2. Teacher and support personnel qualifications. (a) The Board of
29.34Teaching must issue licenses under its jurisdiction to persons the board finds to be
29.35qualified and competent for their respective positions.
30.1(b) The board must require a person to successfully complete pass an examination
30.2of skills in reading, writing, and mathematics before being granted an initial teaching
30.3license to provide direct instruction to pupils in prekindergarten, elementary, secondary, or
30.4special education programs. The board must require colleges and universities offering
30.5a board approved teacher preparation program to provide offer remedial assistance that
30.6includes a formal diagnostic component to persons enrolled in their institution who did not
30.7achieve a qualifying score on the skills examination, including those for whom English
30.8is a second language. The colleges and universities must provide offer assistance in the
30.9specific academic areas of deficiency in which the person did not achieve a qualifying
30.10score. The board must issue a one-year license to teach in Minnesota to an otherwise
30.11qualified person who completed his or her teacher preparation program outside the state of
30.12Minnesota, during which time that person must take and pass the state skills examination
30.13in reading, writing, and math. School districts must provide similar offer, appropriate, and
30.14timely remedial assistance that includes a formal diagnostic component and mentoring to
30.15those persons employed by the district who completed their teacher education preparation
30.16program outside the state of Minnesota, received a one-year license to teach in Minnesota
30.17and did not achieve a qualifying score on the skills examination, including those persons
30.18for whom English is a second language. The Board of Teaching shall report annually to
30.19the education committees of the legislature on the total number of teacher candidates
30.20during the most recent school year taking the skills examination, the number who achieve
30.21a qualifying score on the examination, the number who do not achieve a qualifying score
30.22on the examination, the distribution of all candidates' scores, the number of candidates
30.23who have taken the examination at least once before, and the number of candidates who
30.24have taken the examination at least once before and achieve a qualifying score.
30.25(c) A person who has completed an approved teacher preparation program and
30.26obtained a one-year license to teach, but has not successfully completed the skills
30.27examination, may renew the one-year license for two additional one-year periods. Each
30.28renewal of the one-year license is contingent upon the licensee:
30.29(1) providing evidence of participating in an approved remedial assistance program
30.30provided by a school district or postsecondary institution that includes a formal diagnostic
30.31component in the specific areas in which the licensee did not obtain qualifying scores; and
30.32(2) attempting to successfully complete the skills examination during the period
30.33of each one-year license.
30.34(d) (c) The Board of Teaching must grant continuing licenses only to those persons
30.35who have met board criteria for granting a continuing license, which includes successfully
30.36completing passing the skills examination in reading, writing, and mathematics.
31.1(e) (d) All colleges and universities approved by the board of teaching to prepare
31.2persons for teacher licensure must include in their teacher preparation programs a common
31.3core of teaching knowledge and skills to be acquired by all persons recommended
31.4for teacher licensure. This common core shall meet the standards developed by the
31.5interstate new teacher assessment and support consortium in its 1992 "model standards for
31.6beginning teacher licensing and development." Amendments to standards adopted under
31.7this paragraph are covered by chapter 14. The board of teaching shall report annually to
31.8the education committees of the legislature on the performance of teacher candidates
31.9on common core assessments of knowledge and skills under this paragraph during the
31.10most recent school year.

31.11    Sec. 18. Minnesota Statutes 2010, section 122A.23, subdivision 2, is amended to read:
31.12    Subd. 2. Applicants licensed in other states. (a) Subject to the requirements of
31.13sections 122A.18, subdivision subdivisions 2, paragraph (b), and 8, and 123B.03, the
31.14Board of Teaching must issue a teaching license or a temporary teaching license under
31.15paragraphs (b) to (e) to an applicant who holds at least a baccalaureate degree from a
31.16regionally accredited college or university and holds or held a similar out-of-state teaching
31.17license that requires the applicant to successfully complete a teacher preparation program
31.18approved by the issuing state, which includes field-specific teaching methods and student
31.19teaching or essentially equivalent experience.
31.20(b) The Board of Teaching must issue a teaching license to an applicant who:
31.21(1) successfully completed all exams and human relations preparation components
31.22required by the Board of Teaching; and
31.23(2) holds or held an out-of-state teaching license to teach the same content field and
31.24grade levels if the scope of the out-of-state license is no more than one grade level less
31.25than a similar Minnesota license.
31.26(c) The Board of Teaching, consistent with board rules, must issue up to three
31.27one-year temporary teaching licenses to an applicant who holds or held an out-of-state
31.28teaching license to teach the same content field and grade levels, where the scope of the
31.29out-of-state license is no more than one grade level less than a similar Minnesota license,
31.30but has not successfully completed all exams and human relations preparation components
31.31required by the Board of Teaching.
31.32(d) The Board of Teaching, consistent with board rules, must issue up to three
31.33one-year temporary teaching licenses to an applicant who:
31.34(1) successfully completed all exams and human relations preparation components
31.35required by the Board of Teaching; and
32.1(2) holds or held an out-of-state teaching license to teach the same content field
32.2and grade levels, where the scope of the out-of-state license is no more than one grade
32.3level less than a similar Minnesota license, but has not completed field-specific teaching
32.4methods or student teaching or equivalent experience.
32.5The applicant may complete field-specific teaching methods and student teaching
32.6or equivalent experience by successfully participating in a one-year school district
32.7mentorship program consistent with board-adopted standards of effective practice and
32.8Minnesota graduation requirements.
32.9(e) The Board of Teaching must issue a temporary teaching license for a term of
32.10up to three years only in the content field or grade levels specified in the out-of-state
32.11license to an applicant who:
32.12(1) successfully completed all exams and human relations preparation components
32.13required by the Board of Teaching; and
32.14(2) holds or held an out-of-state teaching license where the out-of-state license is
32.15more limited in the content field or grade levels than a similar Minnesota license.
32.16(f) The Board of Teaching must not issue to an applicant more than three one-year
32.17temporary teaching licenses under this subdivision.
32.18(g) The Board of Teaching must not issue a license under this subdivision if the
32.19applicant has not attained the additional degrees, credentials, or licenses required in a
32.20particular licensure field.

32.21    Sec. 19. Minnesota Statutes 2010, section 122A.40, subdivision 5, is amended to read:
32.22    Subd. 5. Probationary period. (a) The first three consecutive years of a
32.23teacher's first teaching experience in Minnesota in a single district is deemed to be a
32.24probationary period of employment, and after completion thereof, the probationary period
32.25in each district in which the teacher is thereafter employed also shall be one year three
32.26consecutive years of teaching experience except that for purposes of this provision,
32.27the probationary period for principals and assistant principals shall be two consecutive
32.28years. The school board must adopt a plan for written evaluation of teachers during the
32.29probationary period. Evaluation must occur at least three times each school year for a
32.30teacher performing services on 120 or more school days, at least two times each year for a
32.31teacher performing services on 60 to 119 school days, and at least one time each year for a
32.32teacher performing services on fewer than 60 school days during that school year. Days
32.33devoted to parent-teacher conferences, teachers' workshops, and other staff development
32.34opportunities and days on which a teacher is absent from school must not be included in
32.35determining the number of school days on which a teacher performs services. Except as
33.1otherwise provided in paragraph (b), during the probationary period any annual contract
33.2with any teacher may or may not be renewed as the school board shall see fit. However,
33.3the board must give any such teacher whose contract it declines to renew for the following
33.4school year written notice to that effect before July June 1. If the teacher requests reasons
33.5for any nonrenewal of a teaching contract, the board must give the teacher its reason in
33.6writing, including a statement that appropriate supervision was furnished describing the
33.7nature and the extent of such supervision furnished the teacher during the employment
33.8by the board, within ten days after receiving such request. The school board may, after
33.9a hearing held upon due notice, discharge a teacher during the probationary period for
33.10cause, effective immediately, under section 122A.44.
33.11(b) A board must discharge a probationary teacher, effective immediately, upon
33.12receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
33.13license has been revoked due to a conviction for child abuse or sexual abuse.
33.14(c) A probationary teacher whose first three years of consecutive employment in
33.15a district are interrupted for active military service and who promptly resumes teaching
33.16consistent with federal reemployment timelines for uniformed service personnel under
33.17United States Code, title 38, section 4312(e), is considered to have a consecutive teaching
33.18experience for purposes of paragraph (a).
33.19(d) A probationary teacher must complete at least 60 120 days of teaching service
33.20each year during the probationary period. Days devoted to parent-teacher conferences,
33.21teachers' workshops, and other staff development opportunities and days on which a
33.22teacher is absent from school do not count as days of teaching service under this paragraph.
33.23EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
33.24probationary teacher employment contracts ratified or modified after that date.

33.25    Sec. 20. Minnesota Statutes 2010, section 122A.40, is amended by adding a
33.26subdivision to read:
33.27    Subd. 8a. Probationary period for principals hired internally. A two-school year
33.28probationary period is required for a licensed teacher employed by the board who is
33.29subsequently employed by the board as a licensed school principal or assistant principal
33.30and an additional probationary period of two years is required for a licensed assistant
33.31principal employed by the board who is subsequently employed by the board as a licensed
33.32principal. A licensed teacher subsequently employed by the board as a licensed school
33.33principal or assistant principal retains the teacher's continuing contract status as a licensed
33.34teacher during the probationary period under this subdivision and has the right to return
34.1to his or her previous position or an equivalent position, if available, if the teacher is
34.2not promoted.
34.3EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
34.4contracts for internally hired licensed school principals and assistant principals ratified or
34.5modified after that date.

34.6    Sec. 21. Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to read:
34.7    Subd. 11. Unrequested leave of absence. (a) The board may place on unrequested
34.8leave of absence, without pay or fringe benefits, as many teachers as may be necessary
34.9because of discontinuance of position, lack of pupils, financial limitations, or merger of
34.10classes caused by consolidation of districts. The unrequested leave is effective at the
34.11close of the school year. In placing teachers on unrequested leave, the board may exempt
34.12from the effects of paragraphs (b) to (g) those teachers who teach in a Montessori or
34.13language immersion program, provide instruction in an advanced placement course, or
34.14hold a K-12 instrumental vocal classroom music license and currently serve as a choir,
34.15band or orchestra director and who, in the superintendent's judgment, meet a unique
34.16need in delivering curriculum. However, within the Montessori or language immersion
34.17program, a teacher must be placed on unrequested leave of absence consistent with
34.18paragraph (c). The board is governed by the following provisions: of paragraphs (b) to
34.19(g), consistent with this paragraph.
34.20(a) (b) The board may place probationary teachers on unrequested leave first in
34.21the inverse order of their employment. A teacher who has acquired continuing contract
34.22rights must not be placed on unrequested leave of absence while probationary teachers
34.23are retained in positions for which the teacher who has acquired continuing contract
34.24rights is licensed;.
34.25(b) (c) Teachers who have acquired continuing contract rights shall be placed on
34.26unrequested leave of absence in fields in which they are licensed in the inverse order
34.27in which they were employed by the school district. In the case of equal seniority, the
34.28order in which teachers who have acquired continuing contract rights shall be placed on
34.29unrequested leave of absence in fields in which they are licensed is negotiable;.
34.30(c) (d) Notwithstanding the provisions of clause (b) paragraph (c), a teacher is not
34.31entitled to exercise any seniority when that exercise results in that teacher being retained
34.32by the district in a field for which the teacher holds only a provisional license, as defined
34.33by the board of teaching, unless that exercise of seniority results in the placement on
34.34unrequested leave of absence of another teacher who also holds a provisional license in the
34.35same field. The provisions of this clause do not apply to vocational education licenses;.
35.1(d) (e) Notwithstanding clauses (a), (b) and (c) paragraphs (b), (c), and (d), if the
35.2placing of a probationary teacher on unrequested leave before a teacher who has acquired
35.3continuing rights, the placing of a teacher who has acquired continuing contract rights
35.4on unrequested leave before another teacher who has acquired continuing contract rights
35.5but who has greater seniority, or the restriction imposed by the provisions of clause (c)
35.6paragraph (d) would place the district in violation of its affirmative action program,
35.7the district may retain the probationary teacher, the teacher with less seniority, or the
35.8provisionally licensed teacher;.
35.9(e) (f) Teachers placed on unrequested leave of absence must be reinstated to
35.10the positions from which they have been given leaves of absence or, if not available,
35.11to other available positions in the school district in fields in which they are licensed.
35.12Reinstatement must be in the inverse order of placement on leave of absence. A teacher
35.13must not be reinstated to a position in a field in which the teacher holds only a provisional
35.14license, other than a vocational education license, while another teacher who holds a
35.15nonprovisional license in the same field remains on unrequested leave. The order of
35.16reinstatement of teachers who have equal seniority and who are placed on unrequested
35.17leave in the same school year is negotiable;.
35.18(f) (g) Appointment of a new teacher must not be made while there is available, on
35.19unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the
35.20teacher fails to advise the school board within 30 days of the date of notification that a
35.21position is available to that teacher who may return to employment and assume the duties
35.22of the position to which appointed on a future date determined by the board;.
35.23(g) (h) A teacher placed on unrequested leave of absence may engage in teaching
35.24or any other occupation during the period of this leave;.
35.25(h) (i) The unrequested leave of absence must not impair the continuing contract
35.26rights of a teacher or result in a loss of credit for previous years of service;.
35.27(i) (j) The unrequested leave of absence of a teacher who is placed on unrequested
35.28leave of absence and who is not reinstated shall continue for a period of five years, after
35.29which the right to reinstatement shall terminate. The teacher's right to reinstatement shall
35.30also terminate if the teacher fails to file with the board by April 1 of any year a written
35.31statement requesting reinstatement;.
35.32(j) (k) The same provisions applicable to terminations of probationary or continuing
35.33contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
35.34absence;.
36.1(k) (l) Nothing in this subdivision shall be construed to impair the rights of teachers
36.2placed on unrequested leave of absence to receive unemployment benefits if otherwise
36.3eligible.
36.4EFFECTIVE DATE.This section is effective June 30, 2011, and applies to all
36.5collective bargaining agreements ratified or modified after that date.

36.6    Sec. 22. Minnesota Statutes 2010, section 122A.41, subdivision 1, is amended to read:
36.7    Subdivision 1. Words, terms, and phrases. Unless the language or context clearly
36.8indicates that a different meaning is intended, the following words, terms, and phrases, for
36.9the purposes of the following subdivisions in this section shall be defined as follows:
36.10(a) Teachers. The term "teacher" includes every person regularly employed, as a
36.11principal, or to give instruction in a classroom, or to superintend or supervise classroom
36.12instruction, or as placement teacher and visiting teacher. Persons regularly employed as
36.13counselors and school librarians shall be covered by these sections as teachers if licensed
36.14as teachers or as school librarians.
36.15(b) School board. The term "school board" includes a majority in membership
36.16of any and all boards or official bodies having the care, management, or control over
36.17public schools.
36.18(c) Demote. The word "demote" means to reduce in rank or to transfer to a lower
36.19branch of the service or to a position carrying a lower salary or the compensation a person
36.20actually receives in the new position.
36.21(d) Nonprovisional license. For purposes of this section, "nonprovisional license"
36.22shall mean an entrance, continuing, or life license.
36.23EFFECTIVE DATE.This section is effective the day following final enactment.

36.24    Sec. 23. Minnesota Statutes 2010, section 122A.41, subdivision 2, is amended to read:
36.25    Subd. 2. Probationary period; discharge or demotion. (a) All teachers in
36.26the public schools in cities of the first class during the first three years of consecutive
36.27employment shall be deemed to be in a probationary period of employment during which
36.28period any annual contract with any teacher may, or may not, be renewed as the school
36.29board, after consulting with the peer review committee charged with evaluating the
36.30probationary teachers under subdivision 3, shall see fit. The school site management team
36.31or the school board if there is no school site management team, shall adopt a plan for a
36.32written evaluation of teachers during the probationary period according to subdivision
36.333. Evaluation by the peer review committee charged with evaluating probationary
37.1teachers under subdivision 3 shall occur at least three times each school year for a teacher
37.2performing services on 120 or more school days, at least two times each year for a teacher
37.3performing services on 60 to 119 school days, and at least one time each year for a
37.4teacher performing services on fewer than 60 school days. Days devoted to parent-teacher
37.5conferences, teachers' workshops, and other staff development opportunities and days on
37.6which a teacher is absent from school shall not be included in determining the number of
37.7school days on which a teacher performs services. The school board may, during such
37.8probationary period, discharge or demote a teacher for any of the causes as specified in
37.9this code. A written statement of the cause of such discharge or demotion shall be given to
37.10the teacher by the school board at least 30 days before such removal or demotion shall
37.11become effective, and the teacher so notified shall have no right of appeal therefrom.
37.12(b) A probationary teacher whose first three years of consecutive employment are
37.13interrupted for active military service and who promptly resumes teaching consistent with
37.14federal reemployment timelines for uniformed service personnel under United States
37.15Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
37.16for purposes of paragraph (a).
37.17(c) A probationary teacher must complete at least 60 120 days of teaching service
37.18each year during the probationary period. Days devoted to parent-teacher conferences,
37.19teachers' workshops, and other staff development opportunities and days on which a
37.20teacher is absent from school do not count as days of teaching service under this paragraph.
37.21EFFECTIVE DATE.This section is effective the day following final enactment.

37.22    Sec. 24. Minnesota Statutes 2010, section 122A.41, subdivision 5a, is amended to read:
37.23    Subd. 5a. Probationary period for principals hired internally. A board and
37.24the exclusive representative of the school principals in the district may negotiate a plan
37.25for a A two-school year probationary period of up to two school years is required for
37.26licensed teachers employed by the board who are subsequently employed by the board as
37.27a licensed school principal or assistant principal and an additional probationary period of
37.28up to two years is required for licensed assistant principals employed by the board who are
37.29subsequently employed by the board as a licensed school principal. A licensed teacher
37.30subsequently employed by the board as a licensed school principal or assistant principal
37.31retains his or her continuing contract status as a licensed teacher during the probationary
37.32period under this subdivision and has the right to return to his or her previous position or
37.33an equivalent position, if available, if the teacher is not promoted.
37.34EFFECTIVE DATE.This section is effective the day following final enactment.

38.1    Sec. 25. Minnesota Statutes 2010, section 122A.41, subdivision 10, is amended to read:
38.2    Subd. 10. Decision, when rendered. The hearing must be concluded and a decision
38.3in writing, stating the grounds on which it is based, rendered within 25 days after giving of
38.4such notice. Where the hearing is before a school board the teacher may be discharged
38.5or demoted upon the affirmative vote of a majority of the members of the board. If the
38.6charges, or any of such, are found to be true, the board conducting the hearing must
38.7discharge, demote, or suspend the teacher, as seems to be for the best interest of the school.
38.8A teacher must not be discharged for either of the causes specified in subdivision 6, clause
38.9(3), except during the school year, and then only upon charges filed at least four months
38.10before the close of the school sessions of such school year.
38.11EFFECTIVE DATE.This section is effective July 1, 2011, and applies to discharge
38.12actions commenced on or after that date.

38.13    Sec. 26. Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to read:
38.14    Subd. 14. Services terminated by discontinuance or lack of pupils; preference
38.15given. (a) A teacher whose services are terminated on account of discontinuance of
38.16position or lack of pupils must receive first consideration for other positions in the district
38.17for which that teacher is qualified. iIn the event it becomes necessary to discontinue
38.18one or more positions, in making such discontinuance, teachers must receive first
38.19consideration for other positions in the district for which that teacher is qualified and must
38.20be discontinued in any department in the inverse order in which they were employed,
38.21unless a board and the exclusive representative of teachers in the district negotiate a
38.22plan providing otherwise.
38.23(b) The board may exempt from the effects of paragraph (a) those teachers who
38.24teach in a Montessori or a language immersion program or provide instruction in an
38.25advanced placement course and who, in the superintendent's judgment, meet a unique
38.26need in delivering curriculum. However, within the Montessori or language immersion
38.27program, a teacher shall be discontinued based on the inverse order in which the teacher
38.28was employed.
38.29(c) Notwithstanding the provisions of clause (a), a teacher is not entitled to exercise
38.30any seniority when that exercise results in that teacher being retained by the district in
38.31a field for which the teacher holds only a provisional license, as defined by the Board
38.32of Teaching, unless that exercise of seniority results in the termination of services, on
38.33account of discontinuance of position or lack of pupils, of another teacher who also
38.34holds a provisional license in the same field. The provisions of this clause do not apply
38.35to vocational education licenses.
39.1(c) (d) Notwithstanding the provisions of clause (a), a teacher must not be reinstated
39.2to a position in a field in which the teacher holds only a provisional license, other than a
39.3vocational education license, while another teacher who holds a nonprovisional license in
39.4the same field is available for reinstatement.
39.5EFFECTIVE DATE.This section is effective the day following final enactment.

39.6    Sec. 27. Minnesota Statutes 2010, section 123B.88, is amended by adding a
39.7subdivision to read:
39.8    Subd. 1a. Full-service school zones. The board may establish a full-service
39.9school zone by adopting a written resolution and may provide transportation for students
39.10attending a school in that full-service school zone. A full-service school zone may be
39.11established for a school that is located in an area with higher than average crime or other
39.12social and economic challenge and that provides education, health or human services, or
39.13other parental support in collaboration with a city, county, state, or nonprofit agency. The
39.14pupil transportation must be intended to stabilize enrollment and reduce mobility at the
39.15school located in a full-service school zone.
39.16EFFECTIVE DATE.This section is effective July 1, 2011.

39.17    Sec. 28. Minnesota Statutes 2010, section 124D.091, subdivision 2, is amended to read:
39.18    Subd. 2. Eligibility. A district that offers a concurrent enrollment course according
39.19to an agreement under section 124D.09, subdivision 10, is eligible to receive aid for the
39.20costs of providing postsecondary courses at the high school. Beginning in fiscal year 2011,
39.21districts only are eligible for aid if the college or university concurrent enrollment courses
39.22offered by the district are accredited by the National Alliance of Concurrent Enrollment
39.23Partnership, in the process of being accredited, or are shown by clear evidence to be of
39.24comparable standard to accredited courses, or are technical courses within a recognized
39.25career and technical education program of study approved by the commissioner of
39.26education and the chancellor of the Minnesota State Colleges and Universities.

39.27    Sec. 29. Minnesota Statutes 2010, section 124D.36, is amended to read:
39.28124D.36 CITATION; MINNESOTA YOUTHWORKS SERVEMINNESOTA
39.29INNOVATION ACT.
39.30Sections 124D.37 to 124D.45 shall be cited as the "Minnesota Youthworks
39.31ServeMinnesota Innovation Act."

40.1    Sec. 30. Minnesota Statutes 2010, section 124D.37, is amended to read:
40.2124D.37 PURPOSE OF MINNESOTA YOUTHWORKS SERVEMINNESOTA
40.3INNOVATION ACT.
40.4The purposes of sections 124D.37 to 124D.45 are to:
40.5(1) renew the ethic of civic responsibility in Minnesota;
40.6(2) empower youth to improve their life opportunities through literacy, job
40.7placement, and other essential skills;
40.8(3) empower government to meet its responsibility to prepare young people to be
40.9contributing members of society;
40.10(4) help meet human, educational, environmental, and public safety needs,
40.11particularly those needs relating to poverty;
40.12(5) prepare a citizenry that is academically competent, ready for work, and socially
40.13responsible;
40.14(6) demonstrate the connection between youth and community service, community
40.15service and education, and education and meaningful opportunities in the business
40.16community;
40.17(7) demonstrate the connection between providing opportunities for at-risk youth
40.18and reducing crime rates and the social costs of troubled youth;
40.19(8) create linkages for a comprehensive youth service and learning program in
40.20Minnesota including school age programs, higher education programs, youth work
40.21programs, and service corps programs; and
40.22(9) coordinate federal and state activities that advance the purposes in this section.

40.23    Sec. 31. Minnesota Statutes 2010, section 124D.38, subdivision 3, is amended to read:
40.24    Subd. 3. Federal law. "Federal law" means Public Law 101-610 111-13, as
40.25amended, or any other federal law or program assisting youth community service,
40.26work-based learning, or youth transition from school to work.

40.27    Sec. 32. Minnesota Statutes 2010, section 124D.385, subdivision 3, is amended to read:
40.28    Subd. 3. Duties. (a) The commission shall:
40.29(1) develop, with the assistance of the governor, the commissioner of education, and
40.30affected state agencies, a comprehensive state plan to provide services under sections
40.31124D.37 to 124D.45 and federal law;
40.32(2) actively pursue public and private funding sources for services, including
40.33funding available under federal law;
41.1(3) administer the Youthworks ServeMinnesota Innovation grant program under
41.2sections 124D.39 to 124D.44, including soliciting and approving grant applications from
41.3eligible organizations, and administering individual postservice benefits;
41.4(4) establish an evaluation plan for programs developed and services provided
41.5under sections 124D.37 to 124D.45;
41.6(5) report to the governor, commissioner of education, and legislature; and
41.7(6) administer the federal AmeriCorps Program.
41.8(b) Nothing in sections 124D.37 to 124D.45 precludes an organization from
41.9independently seeking public or private funding to accomplish purposes similar to those
41.10described in paragraph (a).

41.11    Sec. 33. Minnesota Statutes 2010, section 124D.39, is amended to read:
41.12124D.39 YOUTHWORKS SERVEMINNESOTA INNOVATION PROGRAM.
41.13The Youthworks ServeMinnesota Innovation program is established to provide
41.14funding for the commission to leverage federal and private funding to fulfill the purposes
41.15of section 124D.37. The Youthworks ServeMinnesota Innovation program must
41.16supplement existing programs and services. The program must not displace existing
41.17programs and services, existing funding of programs or services, or existing employment
41.18and employment opportunities. No eligible organization may terminate, layoff, or reduce
41.19the hours of work of an employee to place or hire a program participant. No eligible
41.20organization may place or hire an individual for a project if an employee is on layoff from
41.21the same or a substantially equivalent position.

41.22    Sec. 34. Minnesota Statutes 2010, section 124D.40, is amended to read:
41.23124D.40 YOUTHWORKS SERVEMINNESOTA INNOVATION GRANTS.
41.24    Subdivision 1. Application. An eligible organization interested in receiving a
41.25grant under sections 124D.39 to 124D.44 may prepare and submit an application to the
41.26commission. As part of the grant application process, the commission must establish
41.27and publish grant application guidelines that: (1) are consistent with this subdivision,
41.28section 124D.37, and Public Law 111-13; (2) include criteria for reviewing an applicant's
41.29cost-benefit analysis; and (3) require grantees to use research-based measures of program
41.30outcomes to generate valid and reliable data that are available to the commission for
41.31evaluation and public reporting purposes.
41.32    Subd. 2. Grant authority. The commission must use any state appropriation and
41.33any available federal funds, including any grant received under federal law, to award
41.34grants to establish programs for Youthworks ServeMinnesota Innovation. At least one
42.1grant each must be available for a metropolitan proposal, a rural proposal, and a statewide
42.2proposal. If a portion of the suburban metropolitan area is not included in the metropolitan
42.3grant proposal, the statewide grant proposal must incorporate at least one suburban
42.4metropolitan area. In awarding grants, the commission may select at least one residential
42.5proposal and one nonresidential proposal.

42.6    Sec. 35. Minnesota Statutes 2010, section 124D.42, subdivision 6, is amended to read:
42.7    Subd. 6. Program training. The commission must, within available resources:
42.8(1) orient each grantee organization in the nature, philosophy, and purpose of the
42.9program; and
42.10(2) build an ethic of community service through general community service
42.11training.; and
42.12(3) provide guidance on integrating performance-based measurement into program
42.13models.

42.14    Sec. 36. Minnesota Statutes 2010, section 124D.42, subdivision 8, is amended to read:
42.15    Subd. 8. Minnesota reading corps program. (a) A Minnesota reading corps
42.16program is established to provide Americorps ServeMinnesota Innovation members with a
42.17data-based problem-solving model of literacy instruction to use in helping to train local
42.18Head Start program providers, other prekindergarten program providers, and staff in
42.19schools with students in kindergarten through grade 3 to evaluate and teach early literacy
42.20skills to children age 3 to grade 3.
42.21(b) Literacy programs under this subdivision must comply with the provisions
42.22governing literacy program goals and data use under section 119A.50, subdivision 3,
42.23paragraph (b).

42.24    Sec. 37. Minnesota Statutes 2010, section 124D.44, is amended to read:
42.25124D.44 MATCH REQUIREMENTS.
42.26Youthworks ServeMinnesota Innovation grant funds must be used for the living
42.27allowance, cost of employer taxes under sections 3111 and 3301 of the Internal Revenue
42.28Code of 1986, workers' compensation coverage, health benefits, training and evaluation
42.29for each program participant, and administrative expenses, which must not exceed
42.30five seven percent of total program costs. Youthworks grant funds may also be used to
42.31supplement applicant resources to fund postservice benefits for program participants.
42.32Applicant resources, from sources and in a form determined by the commission, must
42.33be used to provide for all other program costs, including the portion of the applicant's
43.1obligation for postservice benefits that is not covered by state or federal grant funds and
43.2such costs as supplies, materials, transportation, and salaries and benefits of those staff
43.3directly involved in the operation, internal monitoring, and evaluation of the program.

43.4    Sec. 38. Minnesota Statutes 2010, section 124D.45, subdivision 2, is amended to read:
43.5    Subd. 2. Interim report. The commission must report semiannually annually to the
43.6legislature with interim recommendations to change the program.

43.7    Sec. 39. Minnesota Statutes 2010, section 124D.52, subdivision 7, is amended to read:
43.8    Subd. 7. Performance tracking system. (a) By July 1, 2000, each approved adult
43.9basic education program must develop and implement a performance tracking system to
43.10provide information necessary to comply with federal law and serve as one means of
43.11assessing the effectiveness of adult basic education programs. For required reporting,
43.12longitudinal studies, and program improvement, the tracking system must be designed to
43.13collect data on the following core outcomes for learners who have completed participation
43.14participating in the adult basic education program:
43.15(1) demonstrated improvements in literacy skill levels in reading, writing, speaking
43.16the English language, numeracy, problem solving, English language acquisition, and
43.17other literacy skills;
43.18(2) placement in, retention in, or completion of postsecondary education, training,
43.19unsubsidized employment, or career advancement; and
43.20(3) receipt of a secondary school diploma or its recognized equivalent; and
43.21(4) reduction in participation in the diversionary work program, Minnesota family
43.22investment program, and food support education and training program.
43.23(b) A district, group of districts, state agency, or private nonprofit organization
43.24providing an adult basic education program may meet this requirement by developing a
43.25tracking system based on either or both of the following methodologies:
43.26(1) conducting a reliable follow-up survey; or
43.27(2) submitting student information, including Social Security numbers for data
43.28matching.
43.29Data related to obtaining employment must be collected in the first quarter following
43.30program completion or can be collected while the student is enrolled, if known. Data
43.31related to employment retention must be collected in the third quarter following program
43.32exit. Data related to any other specified outcome may be collected at any time during a
43.33program year.
44.1(c) When a student in a program is requested to provide the student's Social Security
44.2number, the student must be notified in a written form easily understandable to the student
44.3that:
44.4(1) providing the Social Security number is optional and no adverse action may be
44.5taken against the student if the student chooses not to provide the Social Security number;
44.6(2) the request is made under section 124D.52, subdivision 7;
44.7(3) if the student provides the Social Security number, it will be used to assess the
44.8effectiveness of the program by tracking the student's subsequent career; and
44.9(4) the Social Security number will be shared with the Department of Education;
44.10Minnesota State Colleges and Universities; Office of Higher Education; Department of
44.11Human Services; and the Department of Employment and Economic Development in
44.12order to accomplish the purposes of this section described in paragraph (a) and will not be
44.13used for any other purpose or reported to any other governmental entities.
44.14(d) Annually a district, group of districts, state agency, or private nonprofit
44.15organization providing programs under this section must forward the tracking data
44.16collected to the Department of Education. For the purposes of longitudinal studies on the
44.17employment status of former students under this section, the Department of Education
44.18must forward the Social Security numbers to the Department of Employment and
44.19Economic Development to electronically match the Social Security numbers of former
44.20students with wage detail reports filed under section 268.044. The results of data matches
44.21must, for purposes of this section and consistent with the requirements of the United
44.22States Code, title 29, section 2871, of the Workforce Investment Act of 1998, be compiled
44.23in a longitudinal form by the Department of Employment and Economic Development
44.24and released to the Department of Education in the form of summary data that does not
44.25identify the individual students. The Department of Education may release this summary
44.26data. State funding for adult basic education programs must not be based on the number or
44.27percentage of students who decline to provide their Social Security numbers or on whether
44.28the program is evaluated by means of a follow-up survey instead of data matching.
44.29EFFECTIVE DATE.This section is effective the day following final enactment
44.30and applies through the 2020-2021 school year.

44.31    Sec. 40. Minnesota Statutes 2010, section 124D.871, is amended to read:
44.32124D.871 MAGNET SCHOOL AND PROGRAM GRANTS.
45.1(a) The commissioner of education, in consultation with the desegregation/integration
45.2office under section 124D.892, shall award grants to school districts and chartered public
45.3schools for planning and developing magnet schools and magnet programs.
45.4(b) Grant recipients must use the grant money under paragraph (a) to establish
45.5or operate a magnet school or a magnet program and provide all students with equal
45.6educational opportunities. Grant recipients may expend grant money on:
45.7(1) teachers who provide instruction or services to students in a magnet school
45.8or magnet program;
45.9(2) educational paraprofessionals who assist teachers in providing instruction or
45.10services to students in a magnet school or magnet program;
45.11(3) clerical support needed to operate a magnet school or magnet program;
45.12(4) equipment, equipment maintenance contracts, materials, supplies, and other
45.13property needed to operate a magnet school or magnet program;
45.14(5) minor remodeling needed to operate a magnet school or magnet program;
45.15(6) transportation for field trips that are part of a magnet school or magnet program
45.16curriculum;
45.17(7) program planning and staff and curriculum development for a magnet school
45.18or magnet program; and
45.19(8) disseminating information on magnet schools and magnet programs; and.
45.20(9) indirect costs calculated according to the state's statutory formula governing
45.21indirect costs.

45.22    Sec. 41. Minnesota Statutes 2010, section 171.05, subdivision 2, is amended to read:
45.23    Subd. 2. Person less than 18 years of age. (a) Notwithstanding any provision
45.24in subdivision 1 to the contrary, the department may issue an instruction permit to an
45.25applicant who is 15, 16, or 17 years of age and who:
45.26(1) has completed a course of driver education in another state, has a previously
45.27issued valid license from another state, or is enrolled in either:
45.28(i) a public, private, or commercial driver education program that is approved by
45.29the commissioner of public safety and that includes classroom and behind-the-wheel
45.30training; or
45.31(ii) an approved behind-the-wheel driver education program when the student is
45.32receiving full-time instruction in a home school within the meaning of sections 120A.22
45.33and 120A.24, the student is working toward a homeschool diploma, the student's status
45.34as a homeschool student has been certified by the superintendent of the school district in
45.35which the student resides, and the student is taking home-classroom driver training with
46.1classroom materials approved by the commissioner of public safety, and the student's
46.2parent has certified the student's homeschool and home-classroom driver training status on
46.3the form approved by the commissioner;
46.4(2) has completed the classroom phase of instruction in the driver education program;
46.5(3) has passed a test of the applicant's eyesight;
46.6(4) has passed a department-administered test of the applicant's knowledge of traffic
46.7laws;
46.8(5) has completed the required application, which must be approved by (i) either
46.9parent when both reside in the same household as the minor applicant or, if otherwise,
46.10then (ii) the parent or spouse of the parent having custody or, in the event there is no
46.11court order for custody, then (iii) the parent or spouse of the parent with whom the minor
46.12is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the
46.13minor, (v) the foster parent or the director of the transitional living program in which the
46.14child resides or, in the event a person under the age of 18 has no living father, mother,
46.15or guardian, or is married or otherwise legally emancipated, then (vi) the applicant's
46.16adult spouse, adult close family member, or adult employer; provided, that the approval
46.17required by this clause contains a verification of the age of the applicant and the identity of
46.18the parent, guardian, adult spouse, adult close family member, or adult employer; and
46.19(6) has paid the fee required in section 171.06, subdivision 2.
46.20(b) For the purposes of determining compliance with the certification in paragraph
46.21(a), clause (1), item (ii), the commissioner may request verification of a student's
46.22homeschool status from the superintendent of the school district in which the student
46.23resides and the superintendent shall provide that verification.
46.24(c) The instruction permit is valid for two years from the date of application and
46.25may be renewed upon payment of a fee equal to the fee for issuance of an instruction
46.26permit under section 171.06, subdivision 2.

46.27    Sec. 42. Minnesota Statutes 2010, section 171.17, subdivision 1, is amended to read:
46.28    Subdivision 1. Offenses. (a) The department shall immediately revoke the license
46.29of a driver upon receiving a record of the driver's conviction of:
46.30(1) manslaughter resulting from the operation of a motor vehicle or criminal
46.31vehicular homicide or injury under section 609.21;
46.32(2) a violation of section 169A.20 or 609.487;
46.33(3) a felony in the commission of which a motor vehicle was used;
47.1(4) failure to stop and disclose identity and render aid, as required under section
47.2169.09 , in the event of a motor vehicle accident, resulting in the death or personal injury
47.3of another;
47.4(5) perjury or the making of a false affidavit or statement to the department under
47.5any law relating to the application, ownership, or operation of a motor vehicle, including
47.6on the certification required under section 171.05, subdivision 2, paragraph (a), clause (1),
47.7item (ii), to issue an instruction permit to a homeschool student;
47.8(6) except as this section otherwise provides, three charges of violating within a
47.9period of 12 months any of the provisions of chapter 169 or of the rules or municipal
47.10ordinances enacted in conformance with chapter 169, for which the accused may be
47.11punished upon conviction by imprisonment;
47.12(7) two or more violations, within five years, of the misdemeanor offense described
47.13in section 169.444, subdivision 2, paragraph (a);
47.14(8) the gross misdemeanor offense described in section 169.444, subdivision 2,
47.15paragraph (b);
47.16(9) an offense in another state that, if committed in this state, would be grounds for
47.17revoking the driver's license; or
47.18(10) a violation of an applicable speed limit by a person driving in excess of 100
47.19miles per hour. The person's license must be revoked for six months for a violation of
47.20this clause, or for a longer minimum period of time applicable under section 169A.53,
47.21169A.54 , or 171.174.
47.22(b) The department shall immediately revoke the school bus endorsement of a driver
47.23upon receiving a record of the driver's conviction of the misdemeanor offense described in
47.24section 169.443, subdivision 7.

47.25    Sec. 43. Minnesota Statutes 2010, section 171.22, subdivision 1, is amended to read:
47.26    Subdivision 1. Violations. With regard to any driver's license, including a
47.27commercial driver's license, it shall be unlawful for any person:
47.28(1) to display, cause or permit to be displayed, or have in possession, any fictitious
47.29or fraudulently altered driver's license or Minnesota identification card;
47.30(2) to lend the person's driver's license or Minnesota identification card to any other
47.31person or knowingly permit the use thereof by another;
47.32(3) to display or represent as one's own any driver's license or Minnesota
47.33identification card not issued to that person;
47.34(4) to use a fictitious name or date of birth to any police officer or in any application
47.35for a driver's license or Minnesota identification card, or to knowingly make a false
48.1statement, or to knowingly conceal a material fact, or otherwise commit a fraud in any
48.2such application;
48.3(5) to alter any driver's license or Minnesota identification card;
48.4(6) to take any part of the driver's license examination for another or to permit
48.5another to take the examination for that person;
48.6(7) to make a counterfeit driver's license or Minnesota identification card;
48.7(8) to use the name and date of birth of another person to any police officer for the
48.8purpose of falsely identifying oneself to the police officer; or
48.9(9) to display as a valid driver's license any canceled, revoked, or suspended driver's
48.10license. A person whose driving privileges have been withdrawn may display a driver's
48.11license only for identification purposes; or
48.12(10) to submit a false affidavit or statement to the department on the certification
48.13required under section 171.05, subdivision 2, paragraph (a), clause (1), item (ii), to issue
48.14an instruction permit to a homeschool student.

48.15    Sec. 44. Minnesota Statutes 2010, section 181A.05, subdivision 1, is amended to read:
48.16    Subdivision 1. When issued. Any minor 14 or 15 years of age who wishes to work
48.17on school days during school hours shall first secure an employment certificate. The
48.18certificate shall be issued only by the school district superintendent, the superintendent's
48.19agent, or some other person designated by the Board of Education, or by the person
48.20in charge of providing instruction for students enrolled in nonpublic schools under
48.21section 120A.22, subdivision 4. The employment certificate shall be issued only for
48.22a specific position with a designated employer and shall be issued only in the following
48.23circumstances:
48.24(1) if a minor is to be employed in an occupation not prohibited by rules promulgated
48.25under section 181A.09 and as evidence thereof presents a signed statement from the
48.26prospective employer; and
48.27(2) if the parent or guardian of the minor consents to the employment; and
48.28(3) if the issuing officer believes the minor is physically capable of handling the job
48.29in question and further believes the best interests of the minor will be served by permitting
48.30the minor to work.

48.31    Sec. 45. Laws 2011, chapter 5, section 1, the effective date, is amended to read:
48.32EFFECTIVE DATE.This section is effective the day following final enactment
48.33and applies to individuals who complete a teacher preparation program by the end of
48.34beginning no later than the 2013-2014 school year or later. The Board of Teaching shall
49.1submit to the K-12 education finance and reform committees of the legislature by April 1,
49.22012, a progress report on its implementation of teacher performance assessment under
49.3paragraph (d) of this section.

49.4    Sec. 46. RECOMMENDATIONS ON COUNSELOR-TO-STUDENT RATIOS.
49.5The commissioner must submit to the legislature by January 1, 2012,
49.6recommendations for providing all public school students with access to licensed
49.7counselors so that the counselor-to-student ratio in Minnesota public schools
49.8approximately equals the average counselor-to-student ratio in public schools throughout
49.9the United States, as determined by the American School Counselors Association. The
49.10commissioner also must recommend appropriate professional-to-student ratios for licensed
49.11school nurses, licensed school social workers, licensed school psychologists, and licensed
49.12alcohol and chemical dependency counselors as determined by the national association
49.13representing that particular group of professionals.

49.14    Sec. 47. REPEALER.
49.15Minnesota Statutes 2010, sections 120A.26, subdivisions 1 and 2; and 124D.38,
49.16subdivisions 4, 5, and 6, are repealed.


49.19    Section 1. Minnesota Statutes 2010, section 125A.02, subdivision 1, is amended to
49.20read:
49.21    Subdivision 1. Child with a disability. "Child with a disability" means a child
49.22identified under federal and state special education law as having a hearing impairment,
49.23blindness, visual disability, deaf or hard-of-hearing, blind or visually impaired, deafblind,
49.24or having a speech or language impairment, a physical disability impairment, other health
49.25impairment disability, mental developmental cognitive disability, emotional/behavioral an
49.26emotional or behavioral disorder, specific learning disability, autism spectrum disorder,
49.27traumatic brain injury, or severe multiple disabilities impairments, or deafblind disability
49.28and who needs special education and related services, as determined by the rules of the
49.29commissioner, is a child with a disability. A licensed physician, an advanced practice
49.30nurse, or a licensed psychologist is qualified to make a diagnosis and determination
49.31of attention deficit disorder or attention deficit hyperactivity disorder for purposes of
49.32identifying a child with a disability.
49.33EFFECTIVE DATE.This section is effective July 1, 2011.

50.1    Sec. 2. Minnesota Statutes 2010, section 125A.15, is amended to read:
50.2125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
50.3The responsibility for special instruction and services for a child with a disability
50.4temporarily placed in another district for care and treatment shall be determined in the
50.5following manner:
50.6(a) The district of residence of a child shall be the district in which the child's parent
50.7resides, if living, or the child's guardian, or the district designated by the commissioner if
50.8neither parent nor guardian is living within the state. If there is a dispute between school
50.9districts regarding residency, the commissioner shall designate the district of residence.
50.10(b) If a district other than the resident district places a pupil for care and treatment,
50.11the district placing the pupil must notify and give the resident district an opportunity to
50.12participate in the placement decision. When an immediate emergency placement of a
50.13pupil is necessary and time constraints foreclose a resident district from participating in
50.14the emergency placement decision, the district in which the pupil is temporarily placed
50.15must notify the resident district of the emergency placement within 15 days. The resident
50.16district has up to five business days after receiving notice of the emergency placement
50.17to request an opportunity to participate in the placement decision, which the placing
50.18district must then provide.
50.19(c) When a child is temporarily placed for care and treatment in a day program
50.20located in another district and the child continues to live within the district of residence
50.21during the care and treatment, the district of residence is responsible for providing
50.22transportation to and from the care and treatment program and an appropriate educational
50.23program for the child. The resident district may establish reasonable restrictions on
50.24transportation, except if a Minnesota court or agency orders the child placed at a day care
50.25and treatment program and the resident district receives a copy of the order, then the
50.26resident district must provide transportation to and from the program unless the court or
50.27agency orders otherwise. Transportation shall only be provided by the resident district
50.28during regular operating hours of the resident district. The resident district may provide the
50.29educational program at a school within the district of residence, at the child's residence, or
50.30in the district in which the day treatment center is located by paying tuition to that district.
50.31(d) When a child is temporarily placed in a residential program for care and
50.32treatment, the nonresident district in which the child is placed is responsible for providing
50.33an appropriate educational program for the child and necessary transportation while the
50.34child is attending the educational program; and must bill the district of the child's residence
50.35for the actual cost of providing the program, as outlined in section 125A.11, except as
50.36provided in paragraph (e). However, the board, lodging, and treatment costs incurred in
51.1behalf of a child with a disability placed outside of the school district of residence by the
51.2commissioner of human services or the commissioner of corrections or their agents, for
51.3reasons other than providing for the child's special educational needs must not become the
51.4responsibility of either the district providing the instruction or the district of the child's
51.5residence. For the purposes of this section, the state correctional facilities operated on a
51.6fee-for-service basis are considered to be residential programs for care and treatment.
51.7(e) A privately owned and operated residential facility may enter into a contract
51.8to obtain appropriate educational programs for special education children and services
51.9with a joint powers entity. The entity with which the private facility contracts for special
51.10education services shall be the district responsible for providing students placed in that
51.11facility an appropriate educational program in place of the district in which the facility is
51.12located. If a privately owned and operated residential facility does not enter into a contract
51.13under this paragraph, then paragraph (d) applies.
51.14(f) The district of residence shall pay tuition and other program costs, not including
51.15transportation costs, to the district providing the instruction and services. The district of
51.16residence may claim general education aid for the child as provided by law. Transportation
51.17costs must be paid by the district responsible for providing the transportation and the state
51.18must pay transportation aid to that district.

51.19    Sec. 3. Minnesota Statutes 2010, section 125A.51, is amended to read:
51.20125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
51.21EDUCATION AND TRANSPORTATION.
51.22The responsibility for providing instruction and transportation for a pupil without a
51.23disability who has a short-term or temporary physical or emotional illness or disability, as
51.24determined by the standards of the commissioner, and who is temporarily placed for care
51.25and treatment for that illness or disability, must be determined as provided in this section.
51.26(a) The school district of residence of the pupil is the district in which the pupil's
51.27parent or guardian resides. If there is a dispute between school districts regarding
51.28residency, the commissioner shall designate the district of residence.
51.29(b) When parental rights have been terminated by court order, the legal residence
51.30of a child placed in a residential or foster facility for care and treatment is the district in
51.31which the child resides.
51.32(c) Before the placement of a pupil for care and treatment, the district of residence
51.33must be notified and provided an opportunity to participate in the placement decision.
51.34When an immediate emergency placement is necessary and time does not permit
51.35resident district participation in the placement decision, the district in which the pupil is
52.1temporarily placed, if different from the district of residence, must notify the district
52.2of residence of the emergency placement within 15 days of the placement. When a
52.3nonresident district makes an emergency placement without first consulting with the
52.4resident district, the resident district has up to five business days after receiving notice
52.5of the emergency placement to request an opportunity to participate in the placement
52.6decision, which the placing district must then provide.
52.7(d) When a pupil without a disability is temporarily placed for care and treatment
52.8in a day program and the pupil continues to live within the district of residence during
52.9the care and treatment, the district of residence must provide instruction and necessary
52.10transportation to and from the care and treatment program for the pupil. The resident
52.11district may establish reasonable restrictions on transportation, except if a Minnesota court
52.12or agency orders the child placed at a day care and treatment program and the resident
52.13district receives a copy of the order, then the resident district must provide transportation
52.14to and from the program unless the court or agency orders otherwise. Transportation shall
52.15only be provided by the resident district during regular operating hours of the resident
52.16district. The resident district may provide the instruction at a school within the district of
52.17residence, at the pupil's residence, or in the case of a placement outside of the resident
52.18district, in the district in which the day treatment program is located by paying tuition to
52.19that district. The district of placement may contract with a facility to provide instruction
52.20by teachers licensed by the state Board of Teaching.
52.21(e) When a pupil without a disability is temporarily placed in a residential program
52.22for care and treatment, the district in which the pupil is placed must provide instruction
52.23for the pupil and necessary transportation while the pupil is receiving instruction, and in
52.24the case of a placement outside of the district of residence, the nonresident district must
52.25bill the district of residence for the actual cost of providing the instruction for the regular
52.26school year and for summer school, excluding transportation costs.
52.27(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or
52.28private homeless shelter, then the district that enrolls the pupil under section 127A.47,
52.29subdivision 2 , shall provide the transportation, unless the district that enrolls the pupil
52.30and the district in which the pupil is temporarily placed agree that the district in which
52.31the pupil is temporarily placed shall provide transportation. When a pupil without a
52.32disability is temporarily placed in a residential program outside the district of residence,
52.33the administrator of the court placing the pupil must send timely written notice of the
52.34placement to the district of residence. The district of placement may contract with a
52.35residential facility to provide instruction by teachers licensed by the state Board of
53.1Teaching. For purposes of this section, the state correctional facilities operated on a
53.2fee-for-service basis are considered to be residential programs for care and treatment.
53.3(g) The district of residence must include the pupil in its residence count of pupil
53.4units and pay tuition as provided in section 123A.488 to the district providing the
53.5instruction. Transportation costs must be paid by the district providing the transportation
53.6and the state must pay transportation aid to that district. For purposes of computing state
53.7transportation aid, pupils governed by this subdivision must be included in the disabled
53.8transportation category if the pupils cannot be transported on a regular school bus route
53.9without special accommodations.

53.10    Sec. 4. REPEALER.
53.11Minnesota Statutes 2010, section 125A.54, is repealed.


53.14    Section 1. Minnesota Statutes 2010, section 123B.57, is amended to read:
53.15123B.57 CAPITAL EXPENDITURE; HEALTH AND SAFETY.
53.16    Subdivision 1. Health and safety program revenue application. (a) To receive
53.17health and safety revenue for any fiscal year a district must submit to the commissioner
53.18an a capital expenditure health and safety revenue application for aid and levy by the
53.19date determined by the commissioner. The application may be for hazardous substance
53.20removal, fire and life safety code repairs, labor and industry regulated facility and
53.21equipment violations, and health, safety, and environmental management, including
53.22indoor air quality management. The application must include a health and safety program
53.23budget adopted and confirmed by the school district board as being consistent with the
53.24district's health and safety policy under subdivision 2. The program budget must include
53.25the estimated cost, per building, of the program per Uniform Financial Accounting and
53.26Reporting Standards (UFARS) finance code, by fiscal year. Upon approval through the
53.27adoption of a resolution by each of an intermediate district's member school district
53.28boards and the approval of the Department of Education, a school district may include
53.29its proportionate share of the costs of health and safety projects for an intermediate
53.30district in its application.
53.31(b) Health and safety projects with an estimated cost of $500,000 or more per
53.32site are not eligible for health and safety revenue. Health and safety projects with an
53.33estimated cost of $500,000 or more per site that meet all other requirements for health and
53.34safety funding, are eligible for alternative facilities bonding and levy revenue according
54.1to section 123B.59. A school board shall not separate portions of a single project into
54.2components to qualify for health and safety revenue, and shall not combine unrelated
54.3projects into a single project to qualify for alternative facilities bonding and levy revenue.
54.4    Subd. 2. Contents of program Health and safety policy. To qualify for health
54.5and safety revenue, a district school board must adopt a health and safety program policy.
54.6The program policy must include plans, where applicable, for hazardous substance
54.7removal, fire and life safety code repairs, regulated facility and equipment violations,
54.8and provisions for implementing a health and safety program that complies with health,
54.9safety, and environmental management, regulations and best practices including indoor
54.10air quality management.
54.11(a) A hazardous substance plan must contain provisions for the removal or
54.12encapsulation of asbestos from school buildings or property, asbestos-related repairs,
54.13cleanup and disposal of polychlorinated biphenyls found in school buildings or property,
54.14and cleanup, removal, disposal, and repairs related to storing heating fuel or transportation
54.15fuels such as alcohol, gasoline, fuel, oil, and special fuel, as defined in section 296A.01.
54.16If a district has already developed a plan for the removal or encapsulation of asbestos as
54.17required by the federal Asbestos Hazard Emergency Response Act of 1986, the district
54.18may use a summary of that plan, which includes a description and schedule of response
54.19actions, for purposes of this section. The plan must also contain provisions to make
54.20modifications to existing facilities and equipment necessary to limit personal exposure
54.21to hazardous substances, as regulated by the federal Occupational Safety and Health
54.22Administration under Code of Federal Regulations, title 29, part 1910, subpart Z; or is
54.23determined by the commissioner to present a significant risk to district staff or student
54.24health and safety as a result of foreseeable use, handling, accidental spill, exposure, or
54.25contamination.
54.26(b) A fire and life safety plan must contain a description of the current fire and life
54.27safety code violations, a plan for the removal or repair of the fire and life safety hazard,
54.28and a description of safety preparation and awareness procedures to be followed until the
54.29hazard is fully corrected.
54.30(c) A facilities and equipment violation plan must contain provisions to correct
54.31health and safety hazards as provided in Department of Labor and Industry standards
54.32pursuant to section 182.655.
54.33(d) A health, safety, and environmental management plan must contain a description
54.34of training, record keeping, hazard assessment, and program management as defined
54.35in section 123B.56.
54.36(e) A plan to test for and mitigate radon produced hazards.
55.1(f) A plan to monitor and improve indoor air quality.
55.2    Subd. 3. Health and safety revenue. A district's health and safety revenue
55.3for a fiscal year equals the district's alternative facilities levy under section 123B.59,
55.4subdivision 5, paragraph (b), plus the greater of zero or:
55.5    (1) the sum of (a) the total approved cost of the district's hazardous substance
55.6plan for fiscal years 1985 through 1989, plus (b) the total approved cost of the district's
55.7health and safety program for fiscal year 1990 through the fiscal year to which the levy
55.8is attributable, excluding expenditures funded with bonds issued under section 123B.59
55.9or 123B.62, or chapter 475; certificates of indebtedness or capital notes under section
55.10123B.61 ; levies under section 123B.58, 123B.59, 123B.63, or 126C.40, subdivision 1 or
55.116; and other federal, state, or local revenues, minus
55.12    (2) the sum of (a) the district's total hazardous substance aid and levy for fiscal years
55.131985 through 1989 under sections 124.245 and 275.125, subdivision 11c, plus (b) the
55.14district's health and safety revenue under this subdivision, for years before the fiscal year
55.15to which the levy is attributable.
55.16    Subd. 4. Health and safety levy. To receive health and safety revenue, a district
55.17may levy an amount equal to the district's health and safety revenue as defined in
55.18subdivision 3 multiplied by the lesser of one, or the ratio of the quotient derived by
55.19dividing the adjusted net tax capacity of the district for the year preceding the year the
55.20levy is certified by the adjusted marginal cost pupil units in the district for the school year
55.21to which the levy is attributable, to $2,935.
55.22    Subd. 5. Health and safety aid. A district's health and safety aid is the difference
55.23between its health and safety revenue and its health and safety levy. If a district does not
55.24levy the entire amount permitted, health and safety aid must be reduced in proportion to
55.25the actual amount levied. Health and safety aid may not be reduced as a result of reducing
55.26a district's health and safety levy according to section 123B.79.
55.27    Subd. 6. Uses of health and safety revenue. (a) Health and safety revenue may
55.28be used only for approved expenditures necessary to correct fire and life safety hazards,
55.29or for the; design, purchase, installation, maintenance, and inspection of fire protection
55.30and alarm equipment; purchase or construction of appropriate facilities for storing
55.31combustible and flammable materials; inventories and facility modifications not related
55.32to a remodeling project to comply with lab safety requirements under section 121A.31;
55.33inspection, testing, repair, removal or encapsulation, and disposal of asbestos from school
55.34buildings or property owned or being acquired by the district, asbestos-related repairs,
55.35asbestos-containing building materials; cleanup and disposal of polychlorinated biphenyls
55.36found in school buildings or property owned or being acquired by the district, or the;
56.1cleanup and disposal of hazardous and infectious wastes; cleanup, removal, disposal, and
56.2repairs related to storing heating fuel or transportation fuels such as alcohol, gasoline, fuel
56.3oil, and special fuel, as defined in section 296A.01, Minnesota; correction of occupational
56.4safety and health administration regulated facility and equipment hazards,; indoor air
56.5quality inspections, investigations, and testing; mold abatement,; upgrades or replacement
56.6of mechanical ventilation systems to meet American Society of Heating, Refrigerating
56.7and Air Conditioning Engineers standards and State Mechanical Code,; design, materials,
56.8and installation of local exhaust ventilation systems, including required make-up air for
56.9controlling regulated hazardous substances; correction of Department of Health Food
56.10Code and violations; correction of swimming pool hazards excluding depth correction,;
56.11playground safety inspections and the installation of impact surfacing materials; bleacher
56.12repair or rebuilding to comply with the order of a building code inspector under section
56.13326B.112; testing and mitigation of elevated radon hazards; lead testing; copper in water
56.14testing; cleanup after major weather-related disasters or flooding; reduction of excessive
56.15organic and inorganic levels in wells and capping of abandoned wells; installation and
56.16testing of boiler backflow valves to prevent contamination of potable water; vaccinations,
56.17titers, and preventative supplies for bloodborne pathogen compliance; costs to comply
56.18with the Janet B. Johnson Parents' Right to Know Act; automatic external defibrillators
56.19and other emergency plan equipment and supplies specific to the district's emergency
56.20action plan; and health, safety, and environmental management costs associated with
56.21implementing the district's health and safety program including costs to establish and
56.22operate safety committees, in school buildings or property owned or being acquired
56.23by the district. Testing and calibration activities are permitted for existing mechanical
56.24ventilation systems at intervals no less than every five years. Health and safety revenue
56.25must not be used to finance a lease purchase agreement, installment purchase agreement,
56.26or other deferred payments agreement. Health and safety revenue must not be used for
56.27the construction of new facilities or the purchase of portable classrooms, for interest or
56.28other financing expenses, or for energy efficiency projects under section 123B.65. The
56.29revenue may not be used for a building or property or part of a building or property used
56.30for postsecondary instruction or administration or for a purpose unrelated to elementary
56.31and secondary education.
56.32    Subd. 6a. Restrictions on health and safety revenue. (b) Notwithstanding
56.33paragraph (a) subdivision 6, health and safety revenue must not be used to finance a
56.34lease purchase agreement, installment purchase agreement, or other deferred payments
56.35agreement, for the construction of new facilities, remodeling of existing facilities, or
56.36the purchase of portable classrooms, for interest or other financing expenses, or for
57.1energy efficiency projects under section 123B.65, for a building or property or part of a
57.2building or property used for postsecondary instruction or administration or for a purpose
57.3unrelated to elementary and secondary education, for replacement of building materials
57.4or facilities including roof, walls, windows, internal fixtures and flooring, nonhealth and
57.5safety costs associated with demolition of facilities, structural repair or replacement of
57.6facilities due to unsafe conditions, violence prevention and facility security, ergonomics,
57.7public announcement systems and emergency communication devices, or for building and
57.8heating, ventilating and air conditioning supplies, maintenance, and cleaning activities.
57.9All assessments, investigations, inventories, and support equipment not leading to the
57.10engineering or construction of a project shall be included in the health, safety, and
57.11environmental management costs in subdivision 8, paragraph (a).
57.12    Subd. 6b. Health and safety projects. (a) Health and safety revenue applications
57.13defined in subdivision 1 must be accompanied by a description of each project for which
57.14funding is being requested. Project descriptions must provide enough detail for an auditor
57.15to determine if the work qualifies for revenue. For projects other than fire and life
57.16safety projects, playground projects, and health, safety, and environmental management
57.17activities, a project description does not need to include itemized details such as material
57.18types, room locations, square feet, names, or license numbers. The commissioner
57.19may request supporting information and shall approve only projects that comply with
57.20subdivisions 6 and 8, as defined by the Department of Education.
57.21(b) Districts may request funding for allowable projects based on self-assessments,
57.22safety committee recommendations, insurance inspections, management assistance
57.23reports, fire marshal orders, or other mandates. Notwithstanding subdivision 1, paragraph
57.24(b), and subdivision 8, paragraph (b), for projects under $500,000, individual project
57.25size for projects authorized by this subdivision is not limited and may include related
57.26work in multiple facilities. Health and safety management costs from subdivision 8 may
57.27be reported as a single project.
57.28(c) All costs directly related to a project shall be reported in the appropriate Uniform
57.29Financial Accounting and Reporting Standards (UFARS) finance code.
57.30(d) For fire and life safety egress and all other projects exceeding $20,000, cited
57.31under Minnesota Fire Code, a fire marshal plan review is required.
57.32(e) Districts shall update project estimates with actual expenditures for each
57.33fiscal year. If a project's final cost is significantly higher than originally approved, the
57.34commissioner may request additional supporting information.
57.35    Subd. 6c. Appeals process. In the event a district is denied funding approval for
57.36a project the district believes complies with subdivisions 6 and 8, and is not otherwise
58.1excluded, a district may appeal the decision. All such requests must be in writing. The
58.2commissioner shall respond in writing. A written request must contain the following:
58.3project number; description and amount; reason for denial; unresolved questions for
58.4consideration; reasons for reconsideration; and a specific statement of what action the
58.5district is requesting.
58.6    Subd. 7. Proration. In the event that the health and safety aid available for any year
58.7is prorated, a district having its aid prorated may levy an additional amount equal to the
58.8amount not paid by the state due to proration.
58.9    Subd. 8. Health, safety, and environmental management cost. (a) "Health, safety,
58.10and environmental management" is defined in section 123B.56.
58.11(b) A district's cost for health, safety, and environmental management is limited to
58.12the lesser of:
58.13(1) actual cost to implement their plan; or
58.14(2) an amount determined by the commissioner, based on enrollment, building
58.15age, and size.
58.16(b) (c) The department may contract with regional service organizations, private
58.17contractors, Minnesota Safety Council, or state agencies to provide management
58.18assistance to school districts for health and safety capital projects. Management assistance
58.19is the development of written programs for the identification, recognition and control of
58.20hazards, and prioritization and scheduling of district health and safety capital projects.
58.21The department commissioner shall not mandate management assistance or exclude
58.22private contractors from the opportunity to provide any health and safety services to
58.23school districts.
58.24(c) Notwithstanding paragraph (b), the department may approve revenue, up to
58.25the limit defined in paragraph (a) for districts having an approved health, safety, and
58.26environmental management plan that uses district staff to accomplish coordination and
58.27provided services.
58.28EFFECTIVE DATE.This section is effective July 1, 2011.

58.29    Sec. 2. Minnesota Statutes 2010, section 123B.71, subdivision 5, is amended to read:
58.30    Subd. 5. Final plans. If a construction contract has not been awarded within two
58.31years of approval, the approval shall not be valid. After approval, final plans and the
58.32approval shall be filed with made available, if requested, to the commissioner of education.
58.33If substantial changes are made to the initial approved plans, documents reflecting
58.34the changes shall be submitted to the commissioner for approval. Upon completing a
59.1project, the school board shall certify to the commissioner that the project was completed
59.2according to the approved plans.

59.3    Sec. 3. Minnesota Statutes 2010, section 123B.72, subdivision 3, is amended to read:
59.4    Subd. 3. Certification. Prior to occupying or reoccupying a school facility affected
59.5by this section, a school board or its designee shall submit a document prepared by a
59.6system inspector to the building official or to the commissioner, verifying that the facility's
59.7heating, ventilation, and air conditioning system has been installed and operates according
59.8to design specifications and code, according to section 123B.71, subdivision 9, clause
59.9(11) (12). A systems inspector shall also verify that the facility's design will provide
59.10the ability for monitoring of outdoor airflow and total airflow of ventilation systems in
59.11new school facilities and that any heating, ventilation, or air conditioning system that is
59.12installed or modified for a project subject to this section must provide a filtration system
59.13with a current ASHRAE standard.

59.14    Sec. 4. HEALTH AND SAFETY POLICY.
59.15Notwithstanding Minnesota Statutes, section 123B.57, subdivision 2, a school board
59.16that has not yet adopted a health and safety policy by September 30, 2011, may submit an
59.17application for health and safety revenue for taxes payable in 2012 in the form and manner
59.18specified by the commissioner of education.
59.19EFFECTIVE DATE.This section is effective the day following final enactment.


59.22    Section 1. Minnesota Statutes 2010, section 127A.42, subdivision 2, is amended to
59.23read:
59.24    Subd. 2. Violations of law. The commissioner may reduce or withhold the district's
59.25state aid for any school year whenever the board of the district authorizes or permits
59.26violations of law within the district by:
59.27(1) employing a teacher in a public school who does not hold a valid teaching
59.28license or permit in a public school have appropriate permission to teach from the Board
59.29of Teaching;
59.30(2) noncompliance with a mandatory rule of general application promulgated by the
59.31commissioner in accordance with statute, unless special circumstances make enforcement
59.32inequitable, impose an extraordinary hardship on the district, or the rule is contrary to
59.33the district's best interests;
60.1(3) the district's continued performance of a contract made for the rental of rooms
60.2or buildings for school purposes or for the rental of any facility owned or operated by or
60.3under the direction of any private organization, if the contract has been disapproved, the
60.4time for review of the determination of disapproval has expired, and no proceeding for
60.5review is pending;
60.6(4) any practice which is a violation of sections 1 and 2 of article 13 of the
60.7Constitution of the state of Minnesota;
60.8(5) failure to reasonably provide for a resident pupil's school attendance under
60.9Minnesota Statutes;
60.10(6) noncompliance with state laws prohibiting discrimination because of race,
60.11color, creed, religion, national origin, sex, age, marital status, status with regard to
60.12public assistance or disability, as defined in sections 363A.08 to 363A.19 and 363A.28,
60.13subdivision 10 ; or
60.14(7) using funds contrary to the statutory purpose of the funds.
60.15The reduction or withholding must be made in the amount and upon the procedure
60.16provided in this section or, in the case of a violation under clause (1), using the procedure
60.17provided in section 127A.43.
60.18EFFECTIVE DATE.This section is effective July 1, 2011.

60.19    Sec. 2. Minnesota Statutes 2010, section 127A.43, is amended to read:
60.20127A.43 DISTRICT EMPLOYMENT OF UNLICENSED TEACHERS; AID
60.21REDUCTION.
60.22When a district employs one or more teachers who do not hold a valid teaching
60.23license, state aid shall may be withheld reduced in the proportion that the number of such
60.24teachers is to the total number of teachers employed by the district, multiplied by 60
60.25percent of the basic revenue, as defined in section 126C.10, subdivision 2, of the district
60.26for the year in which the employment occurred.
60.27EFFECTIVE DATE.This section is effective July 1, 2011.

60.28    Sec. 3. Minnesota Statutes 2010, section 127A.45, is amended by adding a subdivision
60.29to read:
60.30    Subd. 17. Payment to creditors. Except where otherwise specifically authorized,
60.31state education aid payments shall be made only to the school district, charter school, or
60.32other education organization earning state aid revenues as a result of providing education
60.33services.


61.3    Section 1. Minnesota Statutes 2010, section 119A.50, subdivision 3, is amended to read:
61.4    Subd. 3. Early childhood literacy programs. (a) A research-based early childhood
61.5literacy program premised on actively involved parents, ongoing professional staff
61.6development, and high quality early literacy program standards is established to increase
61.7the literacy skills of children participating in Head Start to prepare them to be successful
61.8readers and to increase families' participation in providing early literacy experiences to
61.9their children. Program providers must:
61.10    (1) work to prepare children to be successful learners;
61.11    (2) work to close the achievement gap for at-risk children;
61.12    (3) use an integrated approach to early literacy that daily offers a literacy-rich
61.13classroom learning environment composed of books, writing materials, writing centers,
61.14labels, rhyming, and other related literacy materials and opportunities;
61.15    (4) support children's home language while helping the children master English and
61.16use multiple literacy strategies to provide a cultural bridge between home and school;
61.17    (5) use literacy mentors, ongoing literacy groups, and other teachers and staff to
61.18provide appropriate, extensive professional development opportunities in early literacy
61.19and classroom strategies for preschool teachers and other preschool staff;
61.20    (6) use ongoing data-based assessments that enable preschool teachers to understand,
61.21plan, and implement literacy strategies, activities, and curriculum that meet children's
61.22literacy needs and continuously improve children's literacy; and
61.23    (7) foster participation by parents, community stakeholders, literacy advisors, and
61.24evaluation specialists.
61.25Program providers are encouraged to collaborate with qualified, community-based
61.26early childhood providers in implementing this program and to seek nonstate funds to
61.27supplement the program.
61.28    (b) Program providers under paragraph (a) interested in extending literacy programs
61.29to children in kindergarten through grade 3 may elect to form a partnership with an
61.30eligible organization under section 124D.38, subdivision 2, or 124D.42, subdivision 6,
61.31clause (3), schools enrolling children in kindergarten through grade 3, and other interested
61.32and qualified community-based entities to provide ongoing literacy programs that offer
61.33seamless literacy instruction focused on closing the literacy achievement gap. To close
61.34the literacy achievement gap by the end of third grade, partnership members must agree
61.35to use best efforts and practices and to work collaboratively to implement a seamless
61.36literacy model from age three to grade 3, consistent with paragraph (a) and sections
62.1120B.115, 120B.12, and 122A.06. Literacy programs under this paragraph must collect
62.2and use literacy data to:
62.3    (1) evaluate children's literacy skills; and
62.4    (2) formulate specific intervention strategies to provide reading instruction to
62.5children premised on the outcomes of formative and summative assessments and
62.6research-based indicators of literacy development.
62.7    The literacy programs under this paragraph also must train teachers and other
62.8providers working with children to use the assessment outcomes under clause (2) to
62.9develop and use effective, long-term literacy coaching models that are specific to the
62.10program providers.
62.11    (c) The commissioner must collect and evaluate literacy data on children from
62.12age three kindergarten to grade 3 who participate in literacy programs under this section,
62.13consistent with this section and sections 120B.115 and 120B.36, subdivision 1, paragraph
62.14(f), to determine the efficacy of early literacy programs on children's success in developing
62.15the literacy skills that they need for long-term academic success and the programs' success
62.16in closing the literacy achievement gap. Annually by February 1, the commissioner must
62.17report to the education policy and finance committees of the legislature on the ongoing
62.18impact of these programs.
62.19EFFECTIVE DATE.This section is effective the day following final enactment.

62.20    Sec. 2. Minnesota Statutes 2010, section 121A.17, subdivision 1, is amended to read:
62.21    Subdivision 1. Early childhood developmental screening. (a) Every school board
62.22must provide for a mandatory program of early childhood developmental screening for
62.23children at least once before school entrance, targeting children who are between three
62.24and four years old. This screening program must be established either by one board, by
62.25two or more boards acting in cooperation, by service cooperatives, by early childhood
62.26family education programs, or by other existing programs. This screening examination is
62.27a mandatory requirement for a student to continue attending kindergarten or first grade in
62.28a public school. A child need not submit to developmental screening provided by a board
62.29if the child's health records indicate to the board that the child has received comparable
62.30developmental screening from a public or private health care organization or individual
62.31health care provider. A student identification number, as defined by the commissioner of
62.32education, shall be assigned at the time of early childhood developmental screening or at
62.33the time of the provision of health records indicating a comparable screening. Each school
62.34district must provide the essential data in accordance with section 125B.07, subdivision 6,
62.35to the Department of Education. Districts are encouraged to reduce the costs of preschool
63.1developmental screening programs by utilizing volunteers and public or private health
63.2care organizations or individual health care providers in implementing the program.
63.3(b) Early childhood developmental screening helps a school district identify
63.4children who may benefit from district and community resources available to help in
63.5their development. Early childhood developmental screening includes a vision screening
63.6that helps detect potential eye problems but is not a substitute for a comprehensive eye
63.7exam by an ophthalmologist or optometrist. Districts shall recommend to all parents and
63.8guardians that children undergo a comprehensive eye examination by an optometrist or
63.9ophthalmologist at least once before entering school.


63.12    Section 1. Minnesota Statutes 2010, section 123B.92, subdivision 1, is amended to read:
63.13    Subdivision 1. Definitions. For purposes of this section and section 125A.76, the
63.14terms defined in this subdivision have the meanings given to them.
63.15    (a) "Actual expenditure per pupil transported in the regular and excess transportation
63.16categories" means the quotient obtained by dividing:
63.17    (1) the sum of:
63.18    (i) all expenditures for transportation in the regular category, as defined in paragraph
63.19(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
63.20    (ii) an amount equal to one year's depreciation on the district's school bus fleet
63.21and mobile units computed on a straight line basis at the rate of 15 percent per year for
63.22districts operating a program under section 124D.128 for grades 1 to 12 for all students in
63.23the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
63.24    (iii) an amount equal to one year's depreciation on the district's type III vehicles, as
63.25defined in section 169.011, subdivision 71, which must be used a majority of the time for
63.26pupil transportation purposes, computed on a straight line basis at the rate of 20 percent
63.27per year of the cost of the type three school buses by:
63.28    (2) the number of pupils eligible for transportation in the regular category, as defined
63.29in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
63.30    (b) "Transportation category" means a category of transportation service provided to
63.31pupils as follows:
63.32    (1) Regular transportation is:
63.33    (i) transportation to and from school during the regular school year for resident
63.34elementary pupils residing one mile or more from the public or nonpublic school they
63.35attend, and resident secondary pupils residing two miles or more from the public
64.1or nonpublic school they attend, excluding desegregation transportation and noon
64.2kindergarten transportation; but with respect to transportation of pupils to and from
64.3nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;
64.4    (ii) transportation of resident pupils to and from language immersion programs;
64.5    (iii) transportation of a pupil who is a custodial parent and that pupil's child between
64.6the pupil's home and the child care provider and between the provider and the school, if
64.7the home and provider are within the attendance area of the school;
64.8    (iv) transportation to and from or board and lodging in another district, of resident
64.9pupils of a district without a secondary school; and
64.10    (v) transportation to and from school during the regular school year required under
64.11subdivision 3 for nonresident elementary pupils when the distance from the attendance
64.12area border to the public school is one mile or more, and for nonresident secondary pupils
64.13when the distance from the attendance area border to the public school is two miles or
64.14more, excluding desegregation transportation and noon kindergarten transportation.
64.15    For the purposes of this paragraph, a district may designate a licensed day care
64.16facility, school day care facility, respite care facility, the residence of a relative, or the
64.17residence of a person or other location chosen by the pupil's parent or guardian, or an
64.18after-school program for children operated by a political subdivision of the state, as the
64.19home of a pupil for part or all of the day, if requested by the pupil's parent or guardian,
64.20and if that facility, residence, or program is within the attendance area of the school the
64.21pupil attends.
64.22    (2) Excess transportation is:
64.23    (i) transportation to and from school during the regular school year for resident
64.24secondary pupils residing at least one mile but less than two miles from the public or
64.25nonpublic school they attend, and transportation to and from school for resident pupils
64.26residing less than one mile from school who are transported because of full-service school
64.27zones, extraordinary traffic, drug, or crime hazards; and
64.28    (ii) transportation to and from school during the regular school year required under
64.29subdivision 3 for nonresident secondary pupils when the distance from the attendance area
64.30border to the school is at least one mile but less than two miles from the public school
64.31they attend, and for nonresident pupils when the distance from the attendance area border
64.32to the school is less than one mile from the school and who are transported because of
64.33full-service school zones, extraordinary traffic, drug, or crime hazards.
64.34    (3) Desegregation transportation is transportation within and outside of the district
64.35during the regular school year of pupils to and from schools located outside their normal
65.1attendance areas under a plan for desegregation mandated by the commissioner or under
65.2court order.
65.3    (4) "Transportation services for pupils with disabilities" is:
65.4    (i) transportation of pupils with disabilities who cannot be transported on a regular
65.5school bus between home or a respite care facility and school;
65.6    (ii) necessary transportation of pupils with disabilities from home or from school to
65.7other buildings, including centers such as developmental achievement centers, hospitals,
65.8and treatment centers where special instruction or services required by sections 125A.03
65.9to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
65.10where services are provided;
65.11    (iii) necessary transportation for resident pupils with disabilities required by sections
65.12125A.12 , and 125A.26 to 125A.48;
65.13    (iv) board and lodging for pupils with disabilities in a district maintaining special
65.14classes;
65.15    (v) transportation from one educational facility to another within the district for
65.16resident pupils enrolled on a shared-time basis in educational programs, and necessary
65.17transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils
65.18with disabilities who are provided special instruction and services on a shared-time basis
65.19or if resident pupils are not transported, the costs of necessary travel between public
65.20and private schools or neutral instructional sites by essential personnel employed by the
65.21district's program for children with a disability;
65.22    (vi) transportation for resident pupils with disabilities to and from board and lodging
65.23facilities when the pupil is boarded and lodged for educational purposes; and
65.24(vii) services described in clauses (i) to (vi), when provided for pupils with
65.25disabilities in conjunction with a summer instructional program that relates to the pupil's
65.26individual education plan or in conjunction with a learning year program established
65.27under section 124D.128.
65.28    For purposes of computing special education initial aid under section 125A.76,
65.29subdivision 2 , the cost of providing transportation for children with disabilities includes
65.30(A) the additional cost of transporting a homeless student from a temporary nonshelter
65.31home in another district to the school of origin, or a formerly homeless student from a
65.32permanent home in another district to the school of origin but only through the end of the
65.33academic year; and (B) depreciation on district-owned school buses purchased after July 1,
65.342005, and used primarily for transportation of pupils with disabilities, calculated according
65.35to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
66.1transportation category must be excluded in calculating the actual expenditure per pupil
66.2transported in the regular and excess transportation categories according to paragraph (a).
66.3    (5) "Nonpublic nonregular transportation" is:
66.4    (i) transportation from one educational facility to another within the district for
66.5resident pupils enrolled on a shared-time basis in educational programs, excluding
66.6transportation for nonpublic pupils with disabilities under clause (4);
66.7    (ii) transportation within district boundaries between a nonpublic school and a
66.8public school or a neutral site for nonpublic school pupils who are provided pupil support
66.9services pursuant to section 123B.44; and
66.10    (iii) late transportation home from school or between schools within a district for
66.11nonpublic school pupils involved in after-school activities.
66.12    (c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
66.13educational programs and services, including diagnostic testing, guidance and counseling
66.14services, and health services. A mobile unit located off nonpublic school premises is a
66.15neutral site as defined in section 123B.41, subdivision 13.
66.16EFFECTIVE DATE.This section is effective July 1, 2011.

66.17    Sec. 2. Minnesota Statutes 2010, section 123B.92, subdivision 5, is amended to read:
66.18    Subd. 5. District reports. (a) Each district must report data to the department as
66.19required by the department to account for transportation expenditures.
66.20(b) Salaries and fringe benefits of district employees whose primary duties are
66.21other than transportation, including central office administrators and staff, building
66.22administrators and staff, teachers, social workers, school nurses, and instructional aides,
66.23must not be included in a district's transportation expenditures, except that a district may
66.24include salaries and benefits according to paragraph (c) for (1) an employee designated
66.25as the district transportation director, (2) an employee providing direct support to the
66.26transportation director, or (3) an employee providing direct transportation services such as
66.27a bus driver or bus aide.
66.28(c) Salaries and fringe benefits of the district employees listed in paragraph (b),
66.29clauses (1), (2), and (3), who work part time in transportation and part time in other areas
66.30must not be included in a district's transportation expenditures unless the district maintains
66.31documentation of the employee's time spent on pupil transportation matters in the form
66.32and manner prescribed by the department.
66.33(d) Pupil transportation expenditures, excluding expenditures for capital outlay,
66.34leased buses, student board and lodging, crossing guards, and aides on buses, must be
66.35allocated among transportation categories based on cost-per-mile, or cost-per-student,
67.1cost-per-hour, or cost-per-route, regardless of whether the transportation services are
67.2provided on district-owned or contractor-owned school buses. Expenditures for school
67.3bus driver salaries and fringe benefits may either be directly charged to the appropriate
67.4transportation category or may be allocated among transportation categories based
67.5on cost-per-mile, or cost-per-student, cost-per-hour, or cost-per-route. Expenditures
67.6by private contractors or individuals who provide transportation exclusively in one
67.7transportation category must be charged directly to the appropriate transportation category.
67.8Transportation services provided by contractor-owned school bus companies incorporated
67.9under different names but owned by the same individual or group of individuals must be
67.10treated as the same company for cost allocation purposes.
67.11(e) Notwithstanding paragraph (d), districts contracting for transportation services
67.12are exempt from the standard cost allocation method for authorized and nonauthorized
67.13transportation categories if the district: (1) bids its contracts separately for authorized
67.14and nonauthorized transportation categories and for special transportation separately
67.15from regular and excess transportation; (2) receives bids or quotes from more than one
67.16vendor for these transportation categories; and (3) the district's cost-per-mile does not
67.17vary more than ten percent among categories, excluding the salaries and fringe benefits
67.18of bus aides. If the costs reported by the district for contractor-owned operations vary
67.19by more than ten percent among categories, the department shall require the district to
67.20reallocate its transportation costs, excluding the salaries and fringe benefits of bus aides,
67.21among all categories."
67.22Amend the title accordingly