Journal of the House - 96th Day - Tuesday, May 4, 2010
- Top of Page 10919
STATE OF MINNESOTA
EIGHTY-SIXTH SESSION - 2010
_____________________
NINETY-SIXTH DAY
Saint Paul, Minnesota, Tuesday, May 4, 2010
The House of Representatives convened at 9:00 a.m. and was
called to order by Jeremy Kalin, Speaker pro tempore.
Prayer was offered by the Reverend Dennis J. Johnson, House
Chaplain.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
A quorum was present.
Magnus was excused 7:35 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Scalze moved that further reading
of the Journal be dispensed with and that the Journal be approved as corrected
by the Chief Clerk. The motion
prevailed.
Journal of the House - 96th Day - Tuesday, May 4, 2010 - Top
of Page 10920
Sertich moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
ANNOUNCEMENT FROM THE COMMITTEE ON
RULES AND LEGISLATIVE ADMINISTRATION
Pursuant
to rules 1.21 and 1.22, the Committee on Rules and Legislative Administration
specified Monday, May 3, 2010, as the date after which the 5:00 p.m.
deadlines no longer apply to the designation of bills to be placed on the
Calendar for the Day and to the announcement of the intention to request that
bills be considered by the House on the Fiscal Calendar.
Pursuant
to rule 3.14, the Committee on Rules and Legislative Administration specified
Monday, May 3, 2010, as the date after which notice of intent to move to
reconsider must not be given.
REPORTS OF CHIEF CLERK
S. F. No. 3055
and H. F. No. 3467, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Davnie moved that the rules be so far
suspended that S. F. No. 3055 be substituted for
H. F. No. 3467 and that the House File be indefinitely
postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communication was received:
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
April 30, 2010
The
Honorable Margaret Anderson Kelliher
Speaker of the
House of Representatives
The State of
Minnesota
Dear Speaker
Kelliher:
I have vetoed and am returning
House File No. 3164, Chapter No. 284.
Journal of the House - 96th
Day - Tuesday, May 4, 2010 - Top of Page 10921
This bill is unnecessary because the credit transfer issues
identified by the Legislative Auditor, MnSCU staff, and students are already
being addressed through internal actions and policy changes.
Sincerely,
Tim
Pawlenty
Governor
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson from the Committee
on Finance to which was referred:
H. F. No. 2431,
A bill for an act relating to education finance; modifying the school finance system;
creating a new education funding framework; amending Minnesota Statutes 2008,
sections 123B.53, subdivision 5; 124D.4531, as amended; 124D.59, subdivision 2;
124D.65, subdivision 5; 125A.76, subdivision 5; 125A.79, subdivision 7;
126C.01, by adding subdivisions; 126C.05, subdivisions 1, 3, 5, 6, 8, 16, 17;
126C.10, subdivisions 1, 2, 2a, 3, 4, 6, 13, 14, 18, by adding subdivisions;
126C.13, subdivisions 4, 5; 126C.17, subdivisions 1, 5, 6; 126C.20; 126C.40,
subdivision 1; 127A.51; proposing coding for new law in Minnesota Statutes,
chapters 123B; 126C; repealing Minnesota Statutes 2008, sections 123B.54;
123B.57, subdivisions 3, 4, 5; 123B.591; 125A.76, subdivision 4; 125A.79,
subdivision 6; 126C.10, subdivisions 2b, 13a, 13b, 24, 25, 26, 27, 28, 29, 30,
31, 31a, 31b, 32, 33, 34, 35, 36; 126C.12; 126C.126; 127A.50.
Reported the same back with
the following amendments:
Delete everything after the
enacting clause and insert:
"ARTICLE 1
GENERAL EDUCATION
Section 1. Minnesota Statutes 2008, section 11A.16,
subdivision 5, is amended to read:
Subd. 5. Calculation
of income. As of the end of each
fiscal year, the state board shall calculate the investment income earned by
the permanent school fund. The
investment income earned by the fund shall equal the amount of interest on debt
securities and, dividends on equity securities, and interest
earned on certified monthly earnings prior to the transfer to the Department of
Education. Gains and losses arising
from the sale of securities shall be apportioned as follows:
(a) If the sale of
securities results in a net gain during a fiscal year, the gain shall be
apportioned in equal installments over the next ten fiscal years to offset net
losses in those years. If any portion of
an installment is not needed to recover subsequent losses identified in
paragraph (b) it shall be added to the principal of the fund.
(b) If the sale of
securities results in a net loss during a fiscal year, the net loss shall be
recovered first from the gains in paragraph (a) apportioned to that fiscal
year. If these gains are insufficient,
any remaining net loss shall be recovered from interest and dividend income in
equal installments over the following ten fiscal years.
Sec. 2. Minnesota Statutes 2008, section 120B.07, is
amended to read:
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of Page 10922
120B.07 EARLY GRADUATION.
(a) Notwithstanding
any law to the contrary, any secondary school student who has completed all
required courses or standards may, with the approval of the student, the
student's parent or guardian, and local school officials, graduate before the
completion of the school year.
(b) General
education revenue attributable to the student must be paid as though the
student was in attendance for the entire year unless the student
participates in the early graduation achievement scholarship program under
section 120B.08.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 3. [120B.08]
EARLY GRADUATION ACHIEVEMENT SCHOLARSHIP PROGRAM.
Subdivision
1. Participation. A
student who qualifies for early graduation under section 120B.07 is eligible to
participate in the early graduation achievement scholarship program.
Subd. 2. Scholarship
amounts. A student who
participates in the early graduation achievement scholarship program is eligible
for a scholarship of $2,500 if the student qualifies for graduation one
semester early, $5,000 if the student qualifies for graduation two semesters
early, or $7,500 if the student qualifies for graduation three or more
semesters early.
Subd. 3. Scholarship
uses. An early graduation
achievement scholarship may be used at any accredited institution of higher
education.
Subd. 4. Application. A qualifying student may apply to the
commissioner of education for an early graduation achievement scholarship. The application must be in the form and
manner specified by the commissioner.
Upon verification of the qualifying student's course completion
necessary for graduation, the department must issue the student a certificate
showing the student's scholarship amount.
Subd. 5. Enrollment
verification. A student who
qualifies under this section and enrolls in an accredited higher education
institution must submit a form to the commissioner verifying the student's
enrollment in the higher education institution and the tuition charges for that
semester. Within 15 days of receipt of a
student's enrollment and tuition verification form, the commissioner must issue
a scholarship check to the student in the lesser of the tuition amount for that
semester or the maximum amount of the student's early graduation achievement
scholarship. A student may continue to
submit enrollment verification forms to the commissioner until the student has
used the full amount of the student's graduation achievement scholarship.
Subd. 6. General
education money transferred. The
commissioner must transfer the amounts necessary to fund the early graduation
achievement scholarships from the general education aid appropriation for that
year.
EFFECTIVE DATE. This
section is effective for fiscal years 2011 and later.
Sec. 4. Minnesota Statutes 2008, section 123B.63,
subdivision 3, is amended to read:
Subd. 3. Capital
project levy referendum. (a) A
district may levy the local tax rate approved by a majority of the electors voting
on the question to provide funds for an approved project. The election must take place no more than
five years before the estimated date of commencement of the project. The referendum must be held on a date set by
the board. A referendum for a project
not receiving a positive review and comment by the commissioner under section
123B.71 must be approved by at least 60 percent of the voters at the
election.
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(b) The
referendum may be called by the school board and may be held:
(1)
separately, before an election for the issuance of obligations for the project
under chapter 475; or
(2) in
conjunction with an election for the issuance of obligations for the project
under chapter 475; or
(3)
notwithstanding section 475.59, as a conjunctive question authorizing both the
capital project levy and the issuance of obligations for the project under
chapter 475. Any obligations authorized
for a project may be issued within five years of the date of the election.
(c) The ballot
must provide a general description of the proposed project, state the estimated
total cost of the project, state whether the project has received a positive or
negative review and comment from the commissioner, state the maximum amount of
the capital project levy as a percentage of net tax capacity, state the amount
that will be raised by that local tax rate in the first year it is to be
levied, and state the maximum number of years that the levy authorization will
apply.
The ballot
must contain a textual portion with the information required in this section
and a question stating substantially the following:
"Shall
the capital project levy proposed by the board of .......... School District No. .......... be approved?"
If
approved, the amount provided by the approved local tax rate applied to the net
tax capacity for the year preceding the year the levy is certified may be
certified for the number of years, not to exceed ten, approved.
(d) If the
authority for an existing project is expiring and the district is proposing a
new project at the same maximum tax rate, the general description on the ballot
may state that the capital project levy is being renewed and that the tax rate
is not being increased from the previous year's rate and the notice required
under section 276.60, may be modified to read:
"BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING TO EXTEND
THE AUTHORITY FOR AN EXPIRING CAPITAL PROJECT AT THE SAME TAX RATE."
(e) In the
event a conjunctive question proposes to authorize both the capital project
levy and the issuance of obligations for the project, appropriate language
authorizing the issuance of obligations must also be included in the question.
(f) The
district must notify the commissioner of the results of the referendum.
EFFECTIVE DATE. This section
is effective for referenda conducted on or after July 1, 2010.
Sec. 5. Minnesota Statutes 2008, section 124D.09,
subdivision 20, is amended to read:
Subd. 20. Textbooks;
materials. All textbooks and
equipment provided to a pupil, and paid for under subdivision 13, are the
property of the pupil's postsecondary institution. Each pupil is required to return all
textbooks and equipment to the postsecondary institution after the course has
ended. The postsecondary institution
may bill the pupil for any textbooks and equipment that are not promptly
returned by the student.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 6. Minnesota Statutes 2008, section 125A.79,
subdivision 1, is amended to read:
Subdivision
1. Definitions. For the purposes of this section, the
definitions in this subdivision apply.
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of Page 10924
(a)
"Unreimbursed special education cost" means the sum of the following:
(1)
expenditures for teachers' salaries, contracted services, supplies, equipment,
and transportation services eligible for revenue under section 125A.76; plus
(2)
expenditures for tuition bills received under sections 125A.03 to 125A.24 and
125A.65 for services eligible for revenue under section 125A.76, subdivision 2;
minus
(3) revenue
for teachers' salaries, contracted services, supplies, equipment, and
transportation services under section 125A.76; minus
(4) tuition
receipts under sections 125A.03 to 125A.24 and 125A.65 for services eligible
for revenue under section 125A.76, subdivision 2.
(b)
"General revenue" for a school district means the sum of the
general education revenue according to section 126C.10, subdivision 1,
excluding alternative teacher compensation revenue, plus the total
qualifying referendum revenue specified in paragraph (e) minus
transportation sparsity revenue minus total operating capital revenue. "General revenue" for a charter
school means the sum of the general education revenue according to section
124D.11, subdivision 1, and transportation revenue according to section
124D.11, subdivision 2, excluding alternative teacher compensation revenue,
minus referendum equalization aid minus transportation sparsity revenue minus
operating capital revenue.
(c)
"Average daily membership" has the meaning given it in section
126C.05.
(d)
"Program growth factor" means 1.02 for fiscal year 2012 and later.
(e)
"Total qualifying referendum revenue" means two-thirds of the
district's total referendum revenue as adjusted according to section 127A.47,
subdivision 7, paragraphs (a) to (c), for fiscal year 2006, one-third of the
district's total referendum revenue for fiscal year 2007, and none of the
district's total referendum revenue for fiscal year 2008 and later.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2008, section 126C.10,
subdivision 2a, is amended to read:
Subd. 2a. Extended
time revenue. (a) A school
district's extended time revenue is equal to the product of $4,601
(1) the formula allowance for that year minus $523, and (2) the sum
of the adjusted marginal cost pupil units of the district for each pupil in
average daily membership in excess of 1.0 and less than 1.2 according to
section 126C.05, subdivision 8, if the district has extended time average
daily membership in the current year.
(b) A school
district's extended time revenue may be used for extended day programs,
extended week programs, summer school, and other programming authorized under
the learning year program.
EFFECTIVE DATE. This section
is effective for revenue for fiscal years 2011 and later.
Sec. 8. Minnesota Statutes 2008, section 126C.10,
subdivision 13a, is amended to read:
Subd. 13a. Operating
capital levy. To obtain operating
capital revenue for fiscal year 2007 and later, a district may levy an
amount not more than the product of its operating capital revenue for the
fiscal year times the lesser of one or the ratio of its adjusted net tax
capacity per adjusted marginal cost pupil unit to the operating capital
equalizing factor. The operating capital
equalizing factor equals $22,222 for fiscal year 2006, and $10,700 for
fiscal year years 2007 through 2011, $10,915 for fiscal year
2012, and $11,029 for fiscal years 2013 and later.
EFFECTIVE DATE. This section
is effective for fiscal years 2012 and later.
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Day - Tuesday, May 4, 2010 - Top of Page 10925
Sec. 9. Minnesota Statutes 2008, section 126C.10,
subdivision 14, is amended to read:
Subd. 14. Uses
of total operating capital revenue. Total
operating capital revenue may be used only for the following purposes:
(1) to acquire land for
school purposes;
(2) to acquire or construct
buildings for school purposes;
(3) to rent or lease
buildings, including the costs of building repair or improvement that are part
of a lease agreement;
(4) to improve and repair
school sites and buildings, and equip or reequip school buildings with
permanent attached fixtures, including library media centers;
(5) for a surplus school
building that is used substantially for a public nonschool purpose;
(6) to eliminate barriers or
increase access to school buildings by individuals with a disability;
(7) to bring school
buildings into compliance with the State Fire Code adopted according to chapter
299F;
(8) to remove asbestos from
school buildings, encapsulate asbestos, or make asbestos-related repairs;
(9) to clean up and dispose
of polychlorinated biphenyls found in school buildings;
(10) to clean up, remove,
dispose of, and make repairs related to storing heating fuel or transportation
fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined in
section 296A.01;
(11) for energy audits for
school buildings and to modify buildings if the audit indicates the cost of the
modification can be recovered within ten years;
(12) to improve buildings
that are leased according to section 123B.51, subdivision 4;
(13) to pay special
assessments levied against school property but not to pay assessments for
service charges;
(14) to pay principal and
interest on state loans for energy conservation according to section 216C.37 or
loans made under the Douglas J. Johnson Economic Protection Trust Fund Act
according to sections 298.292 to 298.298;
(15) to purchase or lease
interactive telecommunications equipment;
(16) by board resolution, to
transfer money into the debt redemption fund to: (i) pay the amounts needed to meet, when due,
principal and interest payments on certain obligations issued according to
chapter 475; or (ii) pay principal and interest on debt service loans or
capital loans according to section 126C.70;
(17) to pay operating
capital-related assessments of any entity formed under a cooperative agreement
between two or more districts;
(18) to purchase or lease
computers and related materials, copying machines, telecommunications
equipment, and other noninstructional equipment;
(19) to purchase or lease
assistive technology or equipment for instructional programs;
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(20) to
purchase textbooks;
(21) to
purchase new and replacement library media resources or technology;
(22) to
purchase vehicles;
(23) to
purchase or lease telecommunications equipment, computers, and related equipment
for integrated information management systems for:
(i)
managing and reporting learner outcome information for all students under a
results-oriented graduation rule;
(ii)
managing student assessment, services, and achievement information required for
students with individual education plans; and
(iii) other
classroom information management needs; and
(24) to pay
personnel costs directly related to the acquisition, operation, and maintenance
of telecommunications systems, computers, related equipment, and network and
applications software; and
(25) to pay
the costs directly associated with closing a school facility, including moving
and storage costs.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 10. Minnesota Statutes 2008, section 126C.126, is
amended to read:
126C.126 REALLOCATING GENERAL EDUCATION REVENUE FOR
ALL-DAY KINDERGARTEN AND PREKINDERGARTEN.
(a) In
order to provide additional revenue for an optional all-day kindergarten
program, a district may reallocate general education revenue attributable to
12th grade students who have graduated early under section 120B.07 and who
do not participate in the early graduation achievement scholarship program
under section 120B.08.
(b) A
school district may spend general education revenue on extended time
kindergarten and prekindergarten programs.
EFFECTIVE DATE. This
section is effective for fiscal years 2011 and later.
Sec. 11. Minnesota Statutes 2008, section 126C.17, is
amended by adding a subdivision to read:
Subd. 9a. Renewal
by school board. Notwithstanding
the election requirements of subdivision 9, a school board may renew an
expiring referendum by board action if:
(1) the per
pupil amount of the referendum is the same as the amount expiring;
(2) the
term of the renewed referendum is no longer than the initial term approved by
the voters; and
(3) the
school board has adopted a written resolution authorizing the renewal after holding
a meeting and allowing public testimony on the proposed renewal.
EFFECTIVE DATE. This
section is effective July 1, 2010.
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of Page 10927
Sec. 12. Minnesota Statutes 2008, section 126C.20, is
amended to read:
126C.20 ANNUAL GENERAL EDUCATION AID
APPROPRIATION.
There is
annually appropriated from the general fund to the department the amount
necessary for general education aid under section 126C.13 and the early
graduation achievement scholarship program under section 120B.08. This amount must be reduced by the amount of
any money specifically appropriated for the same purpose in any year from any
state fund.
EFFECTIVE DATE. This
section is effective for fiscal years 2011 and later.
Sec. 13. Minnesota Statutes 2009 Supplement, section
126C.41, subdivision 2, is amended to read:
Subd. 2. Retired
employee health benefits. (a) A
district may levy an amount up to the amount the district is required by the
collective bargaining agreement in effect on March 30, 1992, to pay for health
insurance or unreimbursed medical expenses for licensed and nonlicensed
employees who have terminated services in the employing district and withdrawn
from active teaching service or other active service, as applicable, before
July 1, 1992, and to pay for health insurance or unreimbursed medical expenses
for licensed and nonlicensed employees who have terminated services in the
employing district and withdrawn from active teaching service or other active
service, as applicable before July 1, 1998, only if a sunset clause is in
effect for the current collective bargaining agreement. The total amount of the levy each year may
not exceed $600,000.
(b) In
addition to the levy authority granted under paragraph (a), a school district
may levy for other postemployment benefits expenses actually paid during the
previous fiscal year. For purposes
of this subdivision, "postemployment benefits" means benefits giving
rise to a liability under Statement No. 45 of the Government Accounting
Standards Board. A district seeking levy
authority under this subdivision must:
(1) create or
have created an actuarial liability to pay postemployment benefits to employees
or officers after their termination of service;
(2) have a
sunset clause in effect for the current collective bargaining agreement as
required by paragraph (a); and
(3) apply
for the authority in the form and manner required by the commissioner of
education.
If the
total levy authority requested under this paragraph exceeds the amount
established in paragraph (c), the commissioner must proportionately reduce each
district's maximum levy authority under this subdivision. The commissioner may subsequently adjust
each district's levy authority under this subdivision so long as the total levy
authority does not exceed the maximum levy authority for that year.
(c) The
maximum levy authority under paragraph (b) must not exceed the following
amounts:
(1)
$9,242,000 for taxes payable in 2010;
(2)
$29,863,000 for taxes payable in 2011; and
(3) for
taxes payable in 2012 and later, the maximum levy authority must not exceed the
sum of the previous year's authority and $14,000,000.
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Sec. 14. Minnesota Statutes 2009 Supplement, section 126C.44,
is amended to read:
126C.44 SAFE SCHOOLS LEVY.
(a) Each
district may make a levy on all taxable property located within the district
for the purposes specified in this section.
The maximum amount which may be levied for all costs under this section
shall be equal to $30 multiplied by the district's adjusted marginal cost pupil
units for the school year. The proceeds
of the levy must be reserved and used for directly funding the following
purposes or for reimbursing the cities and counties who contract with the
district for the following purposes: (1)
to pay the costs incurred for the salaries, benefits, and transportation costs
of peace officers and sheriffs for liaison in services in the district's
schools; (2) to pay the costs for a drug abuse prevention program as defined in
section 609.101, subdivision 3, paragraph (e), in the elementary schools;
(3) to pay the costs for a gang resistance education training curriculum in
the district's schools; (4) to pay the costs for security in the district's
schools and on school property; (5) to pay the costs for other crime
prevention, drug abuse, student and staff safety, voluntary opt-in suicide
prevention tools, and violence prevention measures taken by the school
district; or (6) to pay costs for licensed school counselors, licensed school
nurses, licensed school social workers, licensed school psychologists, and
licensed alcohol and chemical dependency counselors to help provide early
responses to problems. For expenditures
under clause (1), the district must initially attempt to contract for services
to be provided by peace officers or sheriffs with the police department of each
city or the sheriff's department of the county within the district containing
the school receiving the services. If a
local police department or a county sheriff's department does not wish to
provide the necessary services, the district may contract for these services with
any other police or sheriff's department located entirely or partially within
the school district's boundaries.
(b) A school
district that is a member of an intermediate school district may include in its
authority under this section the costs associated with safe schools activities
authorized under paragraph (a) for intermediate school district programs. This authority must not exceed $10 times the
adjusted marginal cost pupil units of the member districts. This authority is in addition to any other
authority authorized under this section.
Revenue raised under this paragraph must be transferred to the
intermediate school district.
(c) A school
district must set aside at least $3 per adjusted marginal cost pupil unit of
the safe schools levy proceeds for the purposes authorized under paragraph (a),
clause (6). The district must annually
certify either that: (1) its total
spending on services provided by the employees listed in paragraph (a), clause
(6), is not less than the sum of its expenditures for these purposes, excluding
amounts spent under this section, in the previous year plus the amount spent
under this section; or (2) that the district's full-time equivalent
number of employees listed in paragraph (a), clause (6), is not less than the
number for the previous year; or (3) that the district's full-time
equivalent number of employees listed in paragraph (a), clause (6), including
those provided through a special education cooperative, intermediate school
district, or education district, is not less than the number for the previous year.
EFFECTIVE DATE. This section
is effective the day following final enactment.
ARTICLE 2
EDUCATION
EXCELLENCE
Section
1. Minnesota Statutes 2008, section
120A.41, is amended to read:
120A.41 LENGTH OF SCHOOL YEAR; DAYS OF
INSTRUCTION.
A school
board's annual school calendar must include at least the number of days of
student instruction the board formally adopted as its school calendar at the
beginning of the 1996-1997 school year 425 hours of instruction for a
kindergarten student without a disability, 935 hours of instruction for a
student in grades 1 through 6, and 1,020 hours of instruction for a student in
grades 7 through 12, not including summer school.
EFFECTIVE DATE. This section
is effective for the 2010-2011 school year and later.
Journal of the House - 96th Day - Tuesday, May 4, 2010 - Top
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Sec. 2. Minnesota Statutes 2008, section 120B.021,
subdivision 1, is amended to read:
Subdivision
1. Required
academic standards. The following
subject areas are required for statewide accountability:
(1)
language arts;
(2)
mathematics;
(3)
science;
(4) social
studies, including history, geography, economics, and government and
citizenship;
(5) physical
education;
(6) health and
physical education, for which locally developed academic standards apply;
and
(6) (7) the
arts, for which statewide or locally developed academic standards apply, as
determined by the school district.
Public elementary and middle schools must offer at least three and
require at least two of the following four arts areas: dance; music; theater; and visual arts. Public high schools must offer at least three
and require at least one of the following five arts areas: media arts; dance; music; theater; and visual
arts.
The
commissioner must submit proposed standards in science and social studies to
the legislature by February 1, 2004.
For
purposes of applicable federal law, the academic standards for language arts,
mathematics, and science apply to all public school students, except the very
few students with extreme cognitive or physical impairments for whom an
individualized education plan team has determined that the required academic
standards are inappropriate. An individualized
education plan team that makes this determination must establish alternative
standards.
A school
district, no later than the 2007-2008 school year, must adopt graduation
requirements that meet or exceed state graduation requirements established in
law or rule. A school district that
incorporates these state graduation requirements before the 2007-2008 school
year must provide students who enter the 9th grade in or before the 2003-2004
school year the opportunity to earn a diploma based on existing locally
established graduation requirements in effect when the students entered the 9th
grade. District efforts to develop,
implement, or improve instruction or curriculum as a result of the provisions
of this section must be consistent with sections 120B.10, 120B.11, and
120B.20.
The
commissioner must include the contributions of Minnesota American Indian tribes
and communities as they relate to the academic standards during the review and
revision of the required academic standards.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to all
school districts and charter schools beginning in the 2012-2013 school year and
later. A school district or charter
school is strongly encouraged to implement state physical education standards
in an earlier school year than the 2012-2013 school year if it has adopted
physical education standards equivalent to the standards developed by the
National Association for Sport and Physical Education under section 38 on the
effective date of this act, or if it is scheduled to undertake the periodic
review of its local physical education standards under Minnesota Statutes,
section 120B.023, subdivision 2, paragraph (g), in a school year before the
2012-2013 school year, it is strongly encouraged to implement state physical
education standards consistent with section 38 in an earlier school year.
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Sec. 3. Minnesota Statutes 2009 Supplement, section
120B.023, subdivision 2, is amended to read:
Subd. 2. Revisions
and reviews required. (a) The
commissioner of education must revise and appropriately embed technology and
information literacy standards consistent with recommendations from school
media specialists into the state's academic standards and graduation
requirements and implement a review cycle for state academic standards and
related benchmarks, consistent with this subdivision. During each review cycle, the commissioner
also must examine the alignment of each required academic standard and related
benchmark with the knowledge and skills students need for college readiness and
advanced work in the particular subject area.
(b) The commissioner in the
2006-2007 school year must revise and align the state's academic standards and
high school graduation requirements in mathematics to require that students
satisfactorily complete the revised mathematics standards, beginning in the
2010-2011 school year. Under the revised
standards:
(1) students must
satisfactorily complete an algebra I credit by the end of eighth grade; and
(2) students scheduled to
graduate in the 2014-2015 school year or later must satisfactorily complete an
algebra II credit or its equivalent.
The commissioner also must ensure that the statewide
mathematics assessments administered to students in grades 3 through 8 and 11
are aligned with the state academic standards in mathematics, consistent with
section 120B.30, subdivision 1, paragraph (b).
The commissioner must implement a review of the academic standards and
related benchmarks in mathematics beginning in the 2015-2016 school year.
(c) The commissioner in the
2007-2008 school year must revise and align the state's academic standards and
high school graduation requirements in the arts to require that students
satisfactorily complete the revised arts standards beginning in the 2010-2011
school year. The commissioner must
implement a review of the academic standards and related benchmarks in arts
beginning in the 2016-2017 school year.
(d) The commissioner in the
2008-2009 school year must revise and align the state's academic standards and
high school graduation requirements in science to require that students
satisfactorily complete the revised science standards, beginning in the
2011-2012 school year. Under the revised
standards, students scheduled to graduate in the 2014-2015 school year or later
must satisfactorily complete a chemistry or physics credit. The commissioner must implement a review of
the academic standards and related benchmarks in science beginning in the
2017-2018 school year.
(e) The commissioner in the
2009-2010 school year must revise and align the state's academic standards and
high school graduation requirements in language arts to require that students
satisfactorily complete the revised language arts standards beginning in the
2012-2013 school year. The commissioner
must implement a review of the academic standards and related benchmarks in
language arts beginning in the 2018-2019 school year.
(f) The commissioner in the
2010-2011 school year must revise and align the state's academic standards and
high school graduation requirements in social studies to require that students
satisfactorily complete the revised social studies standards beginning in the
2013-2014 school year. The commissioner
must implement a review of the academic standards and related benchmarks in social
studies beginning in the 2019-2020 school year.
(g) School districts and
charter schools must revise and align local academic standards and high school
graduation requirements in health, physical education, world languages,
and career and technical education to require students to complete the revised
standards beginning in a school year determined by the school district or
charter school. School districts and
charter schools must formally establish a periodic review cycle for the
academic standards and related benchmarks in health, physical education,
world languages, and career and technical education.
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(h) The commissioner in the
2013-2014 school year and later must use the good cause exemption under section
14.388, subdivision 1, clause (3), to amend the rules governing state physical
education standards to conform the state standards to changes in the standards
developed by the National Association for Sport and Physical Education. Directions to the commissioner to embed
technology and information literacy standards under paragraph (a) and other
requirements related to state academic standards under this chapter do not
apply.
EFFECTIVE DATE. This section is effective the day following final
enactment and applies to all school districts and charter schools beginning in
the 2012-2013 school year and later, except that paragraph (h) applies
beginning in the 2013-2014 school year and later. A school district or charter school is
strongly encouraged to implement state physical education standards in an
earlier school year than the 2012-2013 school year if it has adopted physical
education standards equivalent to the standards developed by the National
Association for Sport and Physical Education under section 38 on the effective
date of this act, or if it is scheduled to undertake the periodic review of its
local physical education standards under paragraph (g) in a school year before
the 2012-2013 school year, it is strongly encouraged to implement state
physical education standards consistent with section 38 in an earlier school
year.
Sec. 4. Minnesota Statutes 2008, section 120B.15, is
amended to read:
120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS.
(a) School districts and
charter schools may identify students, locally develop programs
addressing instructional and affective needs, provide staff development,
and evaluate programs to provide gifted and talented students with challenging and
appropriate educational programs.
(b) School districts and
charter schools may adopt guidelines for assessing and identifying students
for participation in gifted and talented programs. The guidelines should include the use of:
(1) multiple and objective
criteria; and
(2) assessments and
procedures that are valid and reliable, fair, and based on current theory and
research addressing the use of tools and methods that are sensitive to
underrepresented groups, including, but not limited to, students who are low
income, minority, gifted and learning disabled, and English language learners.
(c) School districts and
charter schools must adopt procedures for the academic acceleration of
gifted and talented students. These procedures
must include how the district will:
(1) assess a student's
readiness and motivation for acceleration; and
(2) match the level,
complexity, and pace of the curriculum to a student to achieve the best type of
academic acceleration for that student.
Sec. 5. [120B.21]
MENTAL HEALTH EDUCATION.
The legislature encourages
districts to provide instruction in mental health for students in grades 7
through 12. Instruction must be aligned
with local health standards and integrated into a district's existing programs,
curriculum, or the general school environment.
The commissioner of education, in consultation with mental health
organizations, shall provide assistance to districts including:
(1) age-appropriate model
learning activities for grades 7 through 12 that address mental health
components of the National Health Education Standards and the benchmarks
developed by the department's quality teaching network in health and best
practices in mental health education; and
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(2) a
directory of resources for planning and implementing age-appropriate mental
health curriculum and instruction in grades 7 through 12.
Sec. 6. Minnesota Statutes 2009 Supplement, section
120B.30, subdivision 1, is amended to read:
Subdivision
1. Statewide
testing. (a) The commissioner, with
advice from experts with appropriate technical qualifications and experience
and stakeholders, consistent with subdivision 1a, shall include in the
comprehensive assessment system, for each grade level to be tested,
state-constructed tests developed from and to be computer-adaptive
reading and mathematics assessments for general education students that are
aligned with the state's required academic standards under section 120B.021,
include multiple choice questions, and be administered annually to all students
in grades 3 through 8. State-developed
high school tests aligned with the state's required academic standards under
section 120B.021 and administered to all high school students in a subject
other than writing must include multiple choice questions. The commissioner shall establish one or more
months during which schools shall administer the tests to students each school
year. For students enrolled in grade 8
before the 2005-2006 school year, Minnesota basic skills tests in reading,
mathematics, and writing shall fulfill students' basic skills testing requirements
for a passing state notation. The
passing scores of basic skills tests in reading and mathematics are the
equivalent of 75 percent correct for students entering grade 9 based on the
first uniform test administered in February 1998. Students who have not successfully passed a
Minnesota basic skills test by the end of the 2011-2012 school year must pass
the graduation-required assessments for diploma under paragraph (b).
(b) The
state assessment system must be aligned to the most recent revision of academic
standards as described in section 120B.023 in the following manner:
(1)
mathematics;
(i) grades
3 through 8 beginning in the 2010-2011 school year; and
(ii) high
school level beginning in the 2013-2014 2014-2015 school year;
(2)
science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and
(3)
language arts and reading; grades 3 through 8 and high school level beginning
in the 2012-2013 school year.
(c) For
students enrolled in grade 8 in the 2005-2006 school year and later, only the
following options shall fulfill students' state graduation test requirements:
(1) for
reading and mathematics:
(i)
obtaining an achievement level equivalent to or greater than proficient as determined
through a standard setting process on the Minnesota comprehensive assessments
in grade 10 for reading and grade 11 for mathematics or achieving a passing
score as determined through a standard setting process on the
graduation-required assessment for diploma in grade 10 for reading and grade 11
for mathematics or subsequent retests;
(ii)
achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in reading and the mathematics
test for English language learners or the graduation-required assessment for
diploma equivalent of those assessments for students designated as English
language learners;
(iii)
achieving an individual passing score on the graduation-required assessment for
diploma as determined by appropriate state guidelines for students with an
individual education plan or 504 plan;
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(iv)
obtaining achievement level equivalent to or greater than proficient as
determined through a standard setting process on the state-identified alternate
assessment or assessments in grade 10 for reading and grade 11 for mathematics
for students with an individual education plan; or
(v)
achieving an individual passing score on the state-identified alternate
assessment or assessments as determined by appropriate state guidelines for
students with an individual education plan; and
(2) for
writing:
(i)
achieving a passing score on the graduation-required assessment for diploma;
(ii)
achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in writing for students
designated as English language learners;
(iii)
achieving an individual passing score on the graduation-required assessment for
diploma as determined by appropriate state guidelines for students with an
individual education plan or 504 plan; or
(iv)
achieving an individual passing score on the state-identified alternate
assessment or assessments as determined by appropriate state guidelines for
students with an individual education plan.
(d)
Students enrolled in grade 8 in any school year from the 2005-2006 school year
to the 2009-2010 school year who do not pass the mathematics
graduation-required assessment for diploma under paragraph (b) are eligible to
receive a high school diploma with a passing state notation if they:
(1) complete
with a passing score or grade all state and local coursework and credits
required for graduation by the school board granting the students their
diploma;
(2)
participate in district-prescribed academic remediation in mathematics; and
(3) fully participate
in at least two retests of the mathematics GRAD test or until they pass the
mathematics GRAD test, whichever comes first.
A school, district, or charter school must place on the high school
transcript a student's highest current pass status for each
subject that has a required graduation assessment score for each of the
following assessments on the student's high school transcript: the mathematics Minnesota Comprehensive
Assessment, reading Minnesota Comprehensive Assessment, and writing Graduation-Required
Assessment for Diploma, and when applicable, the mathematics
Graduation-Required Assessment for Diploma and reading Graduation-Required
Assessment for Diploma.
In
addition, the school board granting the students their diplomas may formally decide
to include a notation of high achievement on the high school diplomas of those
graduating seniors who, according to established school board criteria,
demonstrate exemplary academic achievement during high school.
(e) The 3rd
through 8th grade computer-adaptive assessments and high school test
results shall be available to districts for diagnostic purposes affecting
student learning and district instruction and curriculum, and for establishing
educational accountability. The commissioner
must disseminate to the public the computer-adaptive assessments and
high school test results upon receiving those results.
(f) The 3rd
through 8th grade computer-adaptive assessments and high school tests
must be aligned with state academic standards.
The commissioner shall determine the testing process and the order of
administration. The statewide results
shall be aggregated at the site and district level, consistent with subdivision
1a.
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(g) In
addition to the testing and reporting requirements under this section, the
commissioner shall include the following components in the statewide public
reporting system:
(1) uniform
statewide testing of all students in grades 3 through 8 and at the high school
level that provides appropriate, technically sound accommodations or alternate
assessments;
(2)
educational indicators that can be aggregated and compared across school
districts and across time on a statewide basis, including average daily
attendance, high school graduation rates, and high school drop-out rates by age
and grade level;
(3) state
results on the American College Test; and
(4) state
results from participation in the National Assessment of Educational Progress
so that the state can benchmark its performance against the nation and other
states, and, where possible, against other countries, and contribute to the
national effort to monitor achievement.
(h)
Notwithstanding other law to the contrary, the commissioner must not sign a
memorandum of understanding, agree to participate in a consortium or
partnership, or enter into any other agreement with any other state to develop
shared common assessments of K-12 academic standards without first receiving
specific legislative authorization.
EFFECTIVE DATE. Paragraph
(h) is effective the day following final enactment, and applies to agreements
entered into after the effective date of this act. Requirements for using computer-adaptive
mathematics assessments for grades 3 through 8 apply in the 2011-2012 school
year and later and requirements for using computer-adaptive reading assessments
for grades 3 through 8 apply in the 2013-2014 school year and later.
Sec. 7. Minnesota Statutes 2009 Supplement, section
120B.30, subdivision 1a, is amended to read:
Subd. 1a. Statewide
and local assessments; results. (a) For
purposes of this section, the following definitions have the meanings given
them.
(1)
"Computer-adaptive assessments" means fully adaptive assessments or
partially adaptive assessments.
(2)
"Fully adaptive assessments" include test items that are on-grade
level and items that may be above or below a student's grade level.
(3)
"Partially adaptive assessments" include two portions of test items,
where one portion is limited to on-grade level test items and a second portion
includes test items that are on-grade level or above or below a student's
grade level.
(4)
"On-grade level" test items contain subject area content that is
aligned to state academic standards for the grade level of the student taking
the assessment.
(5)
"Above-grade level" test items contain subject area content that is
above the grade level of the student taking the assessment and are considered
aligned with state academic standards to the extent they are aligned with
content represented in state academic standards above the grade level of the
student taking the assessment.
Notwithstanding the student's grade level, administering above-grade
level test items to a student does not violate the requirement that state
assessments must be aligned with state standards.
(6)
"Below-grade level" test items contain subject area content that is
below the grade level of the student taking the test and are considered aligned
with state academic standards to the extent they are aligned with content
represented in state academic standards below the student's current grade
level. Notwithstanding the student's
grade level, administering below-grade level test items to a student does not
violate the requirement that state assessments must be aligned with state
standards.
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(b) The commissioner must
use fully adaptive assessments to the extent no net loss of federal and state
funds occurs as a result of using these assessments. If a net loss of federal and state funds were
to occur under this subdivision, then the commissioner must use partially
adaptive assessments to meet existing federal educational accountability
requirements.
(c) For purposes of conforming
with existing federal educational accountability requirements, the commissioner
must develop and implement computer-adaptive reading and mathematics
assessments for grades 3 through 8, state-developed high school reading and
mathematics tests aligned with state academic standards, and science
assessments under clause (2) that districts and sites must use to monitor
student growth toward achieving those standards. In developing and implementing
computer-adaptive assessments, the commissioner must allow for paper-and-pencil
tests that are the equivalent of computer-adaptive assessments under this section
to the extent these tests are needed to accommodate the technology capacity of
individual school districts. The
commissioner must not develop statewide assessments for academic standards in
social studies, health and physical education, and the arts. The commissioner must require:
(1) annual computer-adaptive
reading and mathematics assessments in grades 3 through 8, and high school
reading and mathematics tests; and
(2) annual science
assessments in one grade in the grades 3 through 5 span, the grades 6 through 8
span, and a life sciences assessment in the grades 9 through 12 span, and the
commissioner must not require students to achieve a passing score on high
school science assessments as a condition of receiving a high school diploma.
(d) The commissioner must
ensure that for annual computer-adaptive assessments:
(1) individual student
performance data and achievement and summary reports are available to all
schools within three school days of when students take an assessment;
(2) growth information is
available for each student from the student's first assessment to each
proximate assessment using a constant measurement scale;
(3) parents, teachers, and
school administrators are able to use elementary and middle school student
performance data to project student achievement in high school;
(4) teachers and school
administrators are able to use formative information about students' academic
strengths and weaknesses, to the extent it is available, to improve student
instruction and indicate specific skills and knowledge that should be
introduced and developed for students at given score levels, organized by
strands within subject areas, and aligned to state academic standards; and
(5) the maximum number of
school districts have the opportunity to replace district-purchased
computer-adaptive assessments with state-developed and state-funded
computer-adaptive assessments.
(b) (e) The commissioner must
ensure that all statewide tests administered to elementary and secondary
students measure students' academic knowledge and skills and not students'
values, attitudes, and beliefs.
(c) (f) Reporting of assessment
results must:
(1) provide timely, useful,
and understandable information on the performance of individual students,
schools, school districts, and the state;
(2) include a value-added
growth indicator of student achievement under section 120B.35, subdivision 3,
paragraph (b); and
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(3)(i) for
students enrolled in grade 8 before the 2005-2006 school year, determine whether
students have met the state's basic skills requirements; and
(ii) for
students enrolled in grade 8 in the 2005-2006 school year and later, determine
whether students have met the state's academic standards.
(d) (g) Consistent
with applicable federal law and subdivision 1, paragraph (d), clause (1), the
commissioner must include appropriate, technically sound accommodations or
alternative assessments for the very few students with disabilities for whom
statewide assessments are inappropriate and for students with limited English
proficiency.
(e) (h) A school,
school district, and charter school must administer statewide assessments under
this section, as the assessments become available, to evaluate student
proficiency in the context of the state's grade level academic standards. If a state assessment is not available, a
school, school district, and charter school must determine locally if a student
has met the required academic standards.
A school, school district, or charter school may use a student's
performance on a statewide assessment as one of multiple criteria to determine
grade promotion or retention. A school,
school district, or charter school may use a high school student's performance
on a statewide assessment as a percentage of the student's final grade in a
course, or place a student's assessment score on the student's transcript.
EFFECTIVE DATE. Requirements
for using computer-adaptive mathematics assessments for grades 3 through 8
apply in the 2011-2012 school year and later and requirements for using
computer-adaptive reading assessments for grades 3 through 8 apply in the
2013-2014 school year and later.
Sec. 8. Minnesota Statutes 2009 Supplement, section
120B.30, is amended by adding a subdivision to read:
Subd. 1b. High
school algebra end-of-course assessment.
(a) Notwithstanding subdivision 1, the commissioner shall
establish a statewide high school algebra end-of-course assessment for students
entering grade 8 in the 2010-2011 school year and later that provides information
on the college and career readiness of Minnesota students and fulfills federal
accountability requirements, consistent with this subdivision and related
rules. For purposes of this subdivision,
"college and career readiness" means the knowledge and skills that a
high school graduate needs to do either credit-bearing coursework at a two-year
or four-year college or university or career-track employment that pays a
living wage, provides employment benefits, and offers clear pathways for
advancement through further education and training.
(b) This
statewide high school algebra end-of-course assessment must conform with the
following:
(1) align
with the most recently revised academic content standards under section
120B.023, subdivision 2;
(2) include
both multiple-choice and open-ended items that assess the appropriate algebra
knowledge and skills contained in the state's academic content standards;
(3) be
designed for computer administration and scoring so that, beginning the second
year a computerized test is administered and as soon as practicable during the
first year a computerized test is administered, the exam results of students
who take computerized tests are available to the school or district within
three full school days after the exam is administered, among other design
characteristics;
(4) be
administered at regular intervals that align with the most common high school
schedules in Minnesota;
(5)
generate achievement levels established through a professionally recognized
methodology;
(6) use
achievement level descriptors that define a student's college and career
readiness;
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(7) comprise 20 percent of
the student's overall course grade in the corresponding course;
(8) require a student who
does not pass a high school algebra course to (i) retake the course or complete
a district-authorized credit recovery class, (ii) opt, at the student's election,
to retake the end-of-course assessment within a regularly scheduled
administration window, and (iii) have the student select the exam score on the
initial test or the retest to count as the equivalent of 20 percent of the
student's overall course grade;
(9) allow an eligible
student to meet this requirement through an alternative method that
demonstrates the student's college and career readiness:
(i) for high school students
who transfer into Minnesota from another state where the algebra course
content, as applicable, is of equal or greater rigor, pass that state's high
school course and graduation requirements in algebra, as applicable;
(ii) allow a student who has
an active individualized education program to achieve a passing status at an individual
level as prescribed by the commissioner;
(iii) waive the required
exam for a high school student who is an English language learner under section
124D.59 and who has been enrolled for four or fewer years in a school in which
English is the primary language of instruction; or
(iv) other alternative
methods recommended by the Assessment Advisory Committee, if subsequently
specifically authorized by law to allow other alternative methods;
(10) use three consecutive
school years of research and analysis through the 2014-2015 school year, as
prescribed by the commissioner, to calculate and report an alignment index that
compares students' final grades in this course with their end-of-course
assessment scores;
(11) subsequent to
calculating and reporting the alignment index under clause (10), require
schools that are highly misaligned for two or more consecutive school years to
transmit written notice of the misalignment to all parents of students enrolled
in the school, as prescribed by the commissioner; and
(12) when schools are highly
misaligned for two or more consecutive years under clause (11), use school
district funds under section 122A.60, subdivision 1a, paragraph (a), to correct
the misalignment.
(c) The requirements of this
subdivision apply to students in public schools, including charter schools, who
enter grade 8 in the 2010-2011 school year or later. The commissioner may establish a transition
period where students who enter grade 8 in the 2010-2011 or 2011-2012 school
year graduate either under the Graduation-Required Assessment for Diploma
requirements under section 120B.30, subdivision 1, or this subdivision. The commissioner may seek authority from the
legislature to adjust the time line under this paragraph if circumstances such
as changes in federal law governing educational accountability and assessment
warrant such an adjustment.
(d) To fully implement this
subdivision and enable school districts to provide intervention and support to
struggling students and improve instruction for all students, the commissioner
must provide districts with (1) a benchmark assessment aligned with the high
school algebra end-of-course assessment, and as funding allows, may provide
districts with (2) an item bank available to teachers for creating formative
assessments to help students prepare for the high school algebra end-of-course
assessment.
(e) The commissioner shall
expand the membership and purpose of the Assessment Advisory Committee
established under section 120B.365 to include assessment experts and
practitioners from both secondary and postsecondary education systems and other
appropriate stakeholders to monitor the implementation of and student
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outcomes based on the
algebra end-of-course assessment and policies and the state support available
to districts, including small or rural districts, under this subdivision. This committee shall report annually by
February 15 to the commissioner and the legislature on the implementation of
and student outcomes based on the assessment and policies under this
subdivision. Notwithstanding section
15.059, subdivision 3, committee members shall not receive compensation, per
diem payments, or reimbursement for expenses.
(f) Using a solicitation
process that includes a "request for proposal" process and multiple
responses, the commissioner shall contract for at least two independent studies
at two-year intervals to evaluate (1) the implementation of the requirements
and (2) the availability and efficacy of resources to support and improve student
outcomes based on student achievement data under this subdivision. The commissioner must submit the results of
the first study to the education policy and finance committees of the
legislature by February 15, 2015. The
commissioner must submit the results of the second study to the legislature by
February 15, 2017.
(g) The commissioner must
not begin to develop additional statewide end-of-course exams in geometry,
chemistry, or physics until specifically authorized in law to do so.
(h) A district or charter
school must indicate on a student's transcript the student's level of college
and career readiness in algebra under this subdivision after the levels have
been established through a professionally recognized methodology.
EFFECTIVE DATE. This section is effective the day following final
enactment.
Sec. 9. Minnesota Statutes 2009 Supplement, section
120B.30, subdivision 3, is amended to read:
Subd. 3. Reporting. The commissioner shall report test data
results publicly and to stakeholders, including the performance achievement
levels developed from students' unweighted test scores in each tested subject
and a listing of demographic factors that strongly correlate with student
performance. The test results must
not include personally identifiable information as defined in Code of Federal
Regulations, title 34, section 99.3.
The commissioner shall also report data that compares performance
results among school sites, school districts, Minnesota and other states, and
Minnesota and other nations. The
commissioner shall disseminate to schools and school districts a more
comprehensive report containing testing information that meets local needs for
evaluating instruction and curriculum.
Sec. 10. Minnesota Statutes 2009 Supplement, section
120B.30, subdivision 4, is amended to read:
Subd. 4. Access
to tests. Consistent with section
13.34, the commissioner must adopt and publish a policy to provide public
and parental access for review of basic skills tests, Minnesota Comprehensive
Assessments, or any other such statewide test and assessment which would not
compromise the objectivity or fairness of the testing or examination process. Upon receiving a written request, the
commissioner must make available to parents or guardians a copy of their student's
actual responses to the test questions for their review.
Sec. 11. Minnesota Statutes 2009 Supplement, section
120B.35, subdivision 3, is amended to read:
Subd. 3. State
growth target; other state measures. (a)
The state's educational assessment system measuring individual students'
educational growth is based on indicators of achievement growth that show an
individual student's prior achievement.
Indicators of achievement and prior achievement must be based on highly
reliable statewide or districtwide assessments.
(b) The commissioner, in
consultation with a stakeholder group that includes assessment and evaluation
directors and staff and researchers must implement a model that uses a
value-added growth indicator and includes criteria for identifying schools and
school districts that demonstrate medium and high growth under section
120B.299,
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subdivisions 8 and 9, and
may recommend other value-added measures under section 120B.299, subdivision
3. The model may be used to advance
educators' professional development and replicate programs that succeed in meeting
students' diverse learning needs. Data
on individual teachers generated under the model are personnel data under
section 13.43. The model must allow
users to:
(1) report
student growth consistent with this paragraph; and
(2) for all
student categories, report and compare aggregated and disaggregated state
growth data using the nine student categories identified under the federal 2001
No Child Left Behind Act and two student gender categories of male and female,
respectively, following appropriate reporting practices to protect nonpublic
student data.
The
commissioner must report separate measures of student growth and proficiency,
consistent with this paragraph.
(c) When
reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures
indicating the extent to which current high school graduates are being prepared
for postsecondary academic and career opportunities:
(1) a
preparation measure indicating the number and percentage of high school
graduates in the most recent school year who completed course work important to
preparing them for postsecondary academic and career opportunities, consistent
with the core academic subjects required for admission to Minnesota's public colleges
and universities as determined by the Office of Higher Education under chapter
136A; and
(2) a
rigorous coursework measure indicating the number and percentage of high school
graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary
enrollment options including concurrent enrollment, other rigorous courses of
study under section 120B.021, subdivision 1a, or industry certification courses
or programs.
When
reporting the core measures under clauses (1) and (2), the commissioner must
also analyze and report separate categories of information using the nine
student categories identified under the federal 2001 No Child Left Behind Act
and two student gender categories of male and female, respectively, following
appropriate reporting practices to protect nonpublic student data.
(d) When
reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2014, must report summary data on
school safety and students' engagement and connection at school. The summary data under this paragraph are
separate from and must not be used for any purpose related to measuring or
evaluating the performance of classroom teachers. The commissioner, in consultation with
qualified experts on student engagement and connection and classroom teachers,
must identify highly reliable variables that generate summary data under this
paragraph. The summary data may be used
at school, district, and state levels only.
Any data on individuals received, collected, or created that are used to
generate the summary data under this paragraph are nonpublic data under section
13.02, subdivision 9.
(e) For purposes
of statewide educational accountability, the commissioner must identify and
report measures that demonstrate the success of school districts, school sites,
charter schools, and alternative program providers in improving the graduation
outcomes of students under this paragraph.
When reporting student performance under section 120B.36, subdivision 1,
the commissioner, beginning July 1, 2013, must annually report summary data on
(i) the four- and six-year graduation rates of students throughout the state
who are identified as at risk of not graduating or off track to graduate,
including students who are eligible to participate in a program under section
123A.05 or 124D.68, among other students, and (ii) the success that school
districts, school sites, charter schools, and alternative program providers
experience in:
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(1)
identifying at-risk and off-track student populations by grade;
(2)
providing successful prevention and intervention strategies for at-risk
students;
(3)
providing successful recuperative and recovery or reenrollment strategies for
off-track students; and
(4)
improving the graduation outcomes of at-risk and off-track students.
For
purposes of this paragraph, a student who is at risk of not graduating is a
student in eighth or ninth grade who meets one or more of the following
criteria: first enrolled in an English
language learners program in eighth or ninth grade and may be older than other
students enrolled in the same grade; as an eighth grader, is absent from school
for at least 20 percent of the days of instruction during the school year, is
two or more years older than other students enrolled in the same grade, or
fails multiple core academic courses; or as a ninth grader, fails multiple
ninth grade core academic courses in English language arts, math, science, or
social studies.
For
purposes of this paragraph, a student who is off track to graduate is a student
who meets one or more of the following criteria: first enrolled in an English language
learners program in high school and is older than other students enrolled in
the same grade; is a returning dropout; is 16 or 17 years old and two or more
academic years off track to graduate; is 18 years or older and two or more
academic years off track to graduate; or is 18 years or older and may graduate
within one school year.
EFFECTIVE DATE. Paragraph
(e) applies to data that are collected in the 2012-2013 school year and later
and reported annually beginning July 1, 2013, consistent with the
recommendations the commissioner receives from recognized and qualified experts
on improving differentiated graduation rates, and establishing alternative
routes to a standard high school diploma for at-risk and off-track students.
Sec. 12. Minnesota Statutes 2009 Supplement, section
120B.36, subdivision 1, is amended to read:
Subdivision
1. School
performance report cards. (a) The
commissioner shall report student academic performance under section 120B.35,
subdivision 2; the percentages of students showing low, medium, and high growth
under section 120B.35, subdivision 3, paragraph (b); school safety and student
engagement and connection under section 120B.35, subdivision 3, paragraph (d);
rigorous coursework under section 120B.35, subdivision 3, paragraph (c); the
four- and six-year graduation rates of at-risk and off-track students
throughout the state under section 120B.35, subdivision 3, paragraph (e), and
the success that school districts, school sites, charter schools, and
alternative program providers experience in their efforts to improve the
graduation outcomes of those students; two separate student-to-teacher
ratios that clearly indicate the definition of teacher consistent with sections
122A.06 and 122A.15 for purposes of determining these ratios; staff
characteristics excluding salaries; student enrollment demographics; district
mobility; and extracurricular activities.
The report also must indicate a school's adequate yearly progress
status, and must not set any designations applicable to high- and
low-performing schools due solely to adequate yearly progress status.
(b) The
commissioner shall develop, annually update, and post on the department Web
site school performance report cards.
(c) The
commissioner must make available performance report cards by the beginning of
each school year.
(d) A
school or district may appeal its adequate yearly progress status in writing to
the commissioner within 30 days of receiving the notice of its status. The commissioner's decision to uphold or deny
an appeal is final.
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(e) School performance
report card data are nonpublic data under section 13.02, subdivision 9, until
not later than ten days after the appeal procedure described in paragraph (d)
concludes. The department shall annually
post school performance report cards to its public Web site no later than
September 1.
EFFECTIVE DATE. This section is effective the day following final
enactment and applies to annual reports beginning July 1, 2013.
Sec. 13. [121A.215]
LOCAL SCHOOL DISTRICT WELLNESS POLICIES; WEB SITE.
Where available, a school
district must post its current local school wellness policy on its Web site.
EFFECTIVE DATE. This section is effective August 1, 2010.
Sec. 14. Minnesota Statutes 2009 Supplement, section
122A.09, subdivision 4, is amended to read:
Subd. 4. License
and rules. (a) The board must
may adopt new rules and amend any existing rules to license
public school teachers and interns subject to only under specific
legislative authority and consistent with the requirements of chapter
14. This paragraph does not prohibit
the board from making technical changes or corrections to rules or repealing
rules adopted by the board.
(b) The board must adopt
rules requiring a person to successfully complete a skills examination in
reading, writing, and mathematics as a requirement for initial teacher
licensure. Such rules must require
college and universities offering a board-approved teacher preparation program
to provide remedial assistance to persons who did not achieve a qualifying
score on the skills examination, including those for whom English is a second
language.
(c) The board must adopt
rules to approve teacher preparation programs.
The board, upon the request of a postsecondary student preparing for
teacher licensure or a licensed graduate of a teacher preparation program,
shall assist in resolving a dispute between the person and a postsecondary
institution providing a teacher preparation program when the dispute involves
an institution's recommendation for licensure affecting the person or the
person's credentials. At the board's
discretion, assistance may include the application of chapter 14.
(d) The board must provide
the leadership and shall adopt rules for the redesign of teacher education
programs to implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective. The board shall implement new systems of
teacher preparation program evaluation to assure program effectiveness based on
proficiency of graduates in demonstrating attainment of program outcomes.
(e) The board must adopt
rules requiring candidates for initial licenses to successfully complete
pass an examination of general pedagogical knowledge and examinations of
licensure-specific teaching skills. The
rules shall be effective by September 1, 2001.
The rules under this paragraph also must require candidates for initial
licenses to teach prekindergarten or elementary students to successfully
complete, as part of the examination of licensure-specific teaching skills,
test items assessing the candidates' knowledge, skill, and ability in
comprehensive, scientifically based reading instruction under section 122A.06,
subdivision 4, and their knowledge and understanding of the foundations of
reading development, the development of reading comprehension, and reading
assessment and instruction, and their ability to integrate that knowledge and
understanding. The rules under this
paragraph also must require general education candidates for initial licenses
to teach prekindergarten or elementary students to pass, as part of the
examination of licensure-specific teaching skills, test items assessing the
candidates' knowledge, skill, and ability in mathematics.
(f) The board must adopt
rules requiring teacher educators to work directly with elementary or secondary
school teachers in elementary or secondary schools to obtain periodic exposure
to the elementary or secondary teaching environment.
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(g) The
board must grant licenses to interns and to candidates for initial licenses.
(h) The
board must design and implement an assessment system which requires a candidate
for an initial license and first continuing license to demonstrate the
abilities necessary to perform selected, representative teaching tasks at
appropriate levels.
(i) The
board must receive recommendations from local committees as established by the
board for the renewal of teaching licenses.
Committee recommendations must be consistent with section 122A.18,
subdivision 4, paragraph (b).
(j) The
board must grant life licenses to those who qualify according to requirements
established by the board, and suspend or revoke licenses pursuant to sections
122A.20 and 214.10. The board must not
establish any expiration date for application for life licenses.
(k) The
board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further
preparation in the areas of using positive behavior interventions and in
accommodating, modifying, and adapting curricula, materials, and strategies to
appropriately meet the needs of individual students and ensure adequate
progress toward the state's graduation rule.
(l) In
adopting rules to license public school teachers who provide health-related
services for disabled children, the board shall adopt rules consistent with
license or registration requirements of the commissioner of health and the
health-related boards who license personnel who perform similar services
outside of the school.
(m) The
board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further
reading preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect until they are
approved by law. Teachers who do not
provide direct instruction including, at least, counselors, school
psychologists, school nurses, school social workers, audiovisual directors and
coordinators, and recreation personnel are exempt from this section.
(n) The
board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further
preparation in understanding the key warning signs of early-onset mental
illness in children and adolescents.
(o) The board,
consistent with section 122A.18, subdivision 4, paragraph (b), must amend its
licensure renewal rules to include professional reflection and growth in best
teaching practices in the preparation requirements for relicensure under this
paragraph and paragraphs (i), (k), (m), and (n), and any other preparation
requirements applicable to teachers seeking to renew their continuing license
from the board.
EFFECTIVE DATE. This section
is effective the day following final enactment and applies to all new and
amended rules proposed by the Board of Teaching, including all new and amended
rules that are not yet formally adopted, except that the amendments to
paragraphs (i) and (o) apply to licensees seeking relicensure beginning June
30, 2012. This section does not affect
the requirement that the Board of Teaching continue to finally adopt rules
initially proposed before the effective date of this section, to implement the
requirement of Laws 2003, chapter 129, article 1, section 10, and Laws 2007,
chapter 146, article 2, section 34, that the board adopt rules relating to
credentials for education paraprofessionals.
Sec. 15. Minnesota Statutes 2008, section 122A.16, is
amended to read:
122A.16 HIGHLY QUALIFIED TEACHER DEFINED.
(a) A
qualified teacher is one holding a valid license, under this chapter, to
perform the particular service for which the teacher is employed in a public
school.
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(b) For the
purposes of the federal No Child Left Behind Act, a highly qualified teacher is
one who holds a valid license under this chapter to perform the particular
service for which the teacher is employed in a public school or who meets the
requirements of a highly objective uniform state standard of evaluation
(HOUSSE).
All
Minnesota teachers teaching in a core academic subject area, as defined by the
federal No Child Left Behind Act, in which they are not fully licensed may
complete the following HOUSSE process in the core subject area for which the
teacher is requesting highly qualified status by completing an application, in
the form and manner described by the commissioner, that includes:
(1)
documentation of student achievement as evidenced by norm-referenced test
results that are objective and psychometrically valid and reliable;
(2) evidence
of local, state, or national activities, recognition, or awards for
professional contribution to achievement;
(3)
description of teaching experience in the teachers' core subject area in a
public school under a waiver, variance, limited license or other exception;
nonpublic school; and postsecondary institution;
(4) test
results from the Praxis II subject area content test;
(5) evidence
of advanced certification from the National Board for Professional Teaching
Standards;
(6) evidence
of the successful completion of course work or pedagogy courses; and
(7) evidence
of the successful completion of high quality professional development
activities.
Districts
must assign a school administrator to serve as a HOUSSE reviewer to meet with
teachers under this paragraph and, where appropriate, certify the teachers'
applications. Teachers satisfy the
definition of highly qualified when the teachers receive at least 100 of the
total number of points used to measure the teachers' content expertise under
clauses (1) to (7). Teachers may acquire
up to 50 points only in any one clause (1) to (7). Teachers may use the HOUSSE process to
satisfy the definition of highly qualified for more than one subject area.
(c)
Achievement of the HOUSSE criteria is not equivalent to a license. A teacher must obtain permission from the
Board of Teaching in order to teach in a public school.
Sec. 16. Minnesota Statutes 2008, section 122A.18,
subdivision 1, is amended to read:
Subdivision
1. Authority
to license. (a) The Board of
Teaching must license teachers, as defined in section 122A.15, subdivision 1,
except for supervisory personnel, as defined in section 122A.15, subdivision
2.
(b) The
Board of School Administrators must license supervisory personnel as defined in
section 122A.15, subdivision 2, except for athletic coaches.
(c) Licenses
under the jurisdiction of the Board of Teaching, the Board of School
Administrators, and the commissioner of education must be issued through the
licensing section of the department.
(d) The
Board of Teaching may approve only those teacher preparation programs that
target and address identified concerns affecting students in kindergarten
through grade 12. The Board of Teaching
and the Department of Education, consistent with the requirements of chapter
13, must enter into an agreement to share kindergarten through grade 12
educational data solely for approving and improving teacher education
programs. The Board of Teaching must
ensure that this information remains confidential and is used only for this
purpose. Any unauthorized disclosure is
subject to a penalty under section 13.09.
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(e) The
Board of School Administrators may approve only those administrator preparation
programs that target and address identified concerns affecting students in
kindergarten through grade 12. The Board
of School Administrators and the Department of Education, consistent with the
requirements of chapter 13, must enter into an agreement to share kindergarten
through grade 12 educational data solely for approving and improving education
administration programs. The Board of
School Administrators must ensure that this information remains confidential
and is used only for this purpose. Any
unauthorized disclosure is subject to a penalty under section 13.09.
Sec. 17. Minnesota Statutes 2008, section 122A.18,
subdivision 2, is amended to read:
Subd. 2. Teacher
and support personnel qualifications. (a)
The Board of Teaching must issue licenses under its jurisdiction to persons the
board finds to be qualified and competent for their respective positions.
(b) The board
must require a person to successfully complete pass an
examination of skills in reading, writing, and mathematics before being granted
an initial teaching license to provide direct instruction to pupils in
prekindergarten, elementary, secondary, or special education programs. The board must require colleges and
universities offering a board approved teacher preparation program to provide
remedial assistance that includes a formal diagnostic component to persons
enrolled in their institution who did not achieve a qualifying score on the
skills examination, including those for whom English is a second language. The colleges and universities must provide
assistance in the specific academic areas of deficiency in which the person did
not achieve a qualifying score. School
districts must provide similar, appropriate, and timely remedial assistance
that includes a formal diagnostic component and mentoring to those persons
employed by the district who completed their teacher education program outside
the state of Minnesota, received a one-year license to teach in Minnesota and
did not achieve a qualifying score on the skills examination, including those
persons for whom English is a second language.
The Board of Teaching shall report annually to the education committees
of the legislature on the total number of teacher candidates during the most
recent school year taking the skills examination, the number who achieve a
qualifying score on the examination, the number who do not achieve a qualifying
score on the examination, the distribution of all candidates' scores, the
number of candidates who have taken the examination at least once before, and
the number of candidates who have taken the examination at least once before
and achieve a qualifying score.
(c) A person
who has completed an approved teacher preparation program and obtained a
one-year license to teach, but has not successfully completed the skills
examination, may renew the one-year license for two additional one-year
periods. Each renewal of the one-year
license is contingent upon the licensee:
(1)
providing evidence of participating in an approved remedial assistance program
provided by a school district or postsecondary institution that includes a
formal diagnostic component in the specific areas in which the licensee did not
obtain qualifying scores; and
(2)
attempting to successfully complete the skills examination during the period of
each one-year license.
(d) (c) The
Board of Teaching must grant continuing licenses only to those persons who have
met board criteria for granting a continuing license, which includes successfully
completing passing the skills examination in reading, writing, and
mathematics.
(e) (d) All
colleges and universities approved by the board of teaching to prepare persons
for teacher licensure must include in their teacher preparation programs a
common core of teaching knowledge and skills to be acquired by all persons
recommended for teacher licensure. This
common core shall meet the standards developed by the interstate new teacher
assessment and support consortium in its 1992 "model standards for
beginning teacher licensing and development." Amendments to standards
adopted under this paragraph are covered by chapter 14. The board of teaching shall report annually
to the education committees of the legislature on the performance of teacher
candidates on common core assessments of knowledge and skills under this
paragraph during the most recent school year.
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(e) The Board of Teaching
must:
(1) ensure that kindergarten
through grade 12 teacher licensing standards are highly aligned with the
state's kindergarten through grade 12 academic standards;
(2) adopt a review cycle
that is consistent with the kindergarten through grade 12 academic standards
review cycle under section 120B.023, subdivision 2; and
(3) review and align the
teacher licensure standards with the kindergarten through grade 12 academic
standards within one school year after the commissioner reviews and adopts
revised kindergarten through grade 12 academic standards in a particular
subject area.
(f) All teacher preparation
programs approved by the Board of Teaching must require teacher candidates to
complete at least one online course.
Sec. 18. Minnesota Statutes 2008, section 122A.23,
subdivision 2, is amended to read:
Subd. 2. Applicants
licensed in other states. (a)
Subject to the requirements of sections 122A.18, subdivision 8, and 123B.03,
the Board of Teaching must issue a teaching license or a temporary teaching
license under paragraphs (b) to (e) to an applicant who holds at least a
baccalaureate degree from a regionally accredited college or university and
holds or held a similar out-of-state teaching license that requires the
applicant to successfully complete a teacher preparation program approved by
the issuing state, which includes field-specific teaching methods and student
teaching or essentially equivalent experience.
(b) The Board of Teaching
must issue a teaching license to an applicant who:
(1) successfully
completed passed all exams and successfully completed human
relations preparation components required by the Board of Teaching; and
(2) holds or held an
out-of-state teaching license to teach the same content field and grade levels
if the scope of the out-of-state license is no more than one grade level less
than a similar Minnesota license.
(c) The Board of Teaching,
consistent with board rules, must issue up to three one-year temporary teaching
licenses to an applicant who holds or held an out-of-state teaching license to
teach the same content field and grade levels, where the scope of the
out-of-state license is no more than one grade level less than a similar
Minnesota license, but has not successfully completed passed all
exams and successfully completed human relations preparation components
required by the Board of Teaching.
(d) The Board of Teaching,
consistent with board rules, must issue up to three one-year temporary teaching
licenses to an applicant who:
(1) successfully
completed passed all exams and successfully completed human
relations preparation components required by the Board of Teaching; and
(2) holds or held an
out-of-state teaching license to teach the same content field and grade levels,
where the scope of the out-of-state license is no more than one grade level
less than a similar Minnesota license, but has not completed field-specific
teaching methods or student teaching or equivalent experience.
The applicant may complete field-specific teaching
methods and student teaching or equivalent experience by successfully
participating in a one-year school district mentorship program consistent with
board-adopted standards of effective practice and Minnesota graduation
requirements.
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(e) The
Board of Teaching must issue a temporary teaching license for a term of up to
three years only in the content field or grade levels specified in the
out-of-state license to an applicant who:
(1) successfully
completed passed all exams and successfully completed human
relations preparation components required by the Board of Teaching; and
(2) holds
or held an out-of-state teaching license where the out-of-state license is more
limited in the content field or grade levels than a similar Minnesota license.
(f) The
Board of Teaching must not issue to an applicant more than three one-year
temporary teaching licenses under this subdivision.
(g) The
Board of Teaching must not issue a license under this subdivision if the
applicant has not attained the additional degrees, credentials, or licenses
required in a particular licensure field.
Sec. 19. [122A.245]
ALTERNATIVE TEACHER PREPARATION PROGRAM AND LIMITED-TERM TEACHER LICENSE.
Subdivision
1. Requirements. (a)
The Board of Teaching must approve qualified teacher preparation programs under
this section that are a means to acquire a two-year limited-term license and to
prepare for acquiring a standard entrance license. Partnerships composed of school districts or
charter schools and either:
(1) a
college or university with a board-approved alternative teacher preparation
program; or
(2) a
nonprofit corporation formed for an education-related purpose and subject to
chapter 317A and a college or university with a board-approved alternative
teacher preparation program may offer this program if:
(i) a need
for teachers exists based on the determination by a participating school
district or charter school that in the previous school year too few qualified
candidates applied for its posted, available teaching positions;
(ii) the
teaching staff does not reflect the racial and cultural diversity of the
student population of the district or charter school; or
(iii) the
school district or charter school identifies a need to reduce or eliminate a
student achievement gap based on school performance report card data under
section 120B.36.
(b) To
participate in this program, a candidate must:
(1) have a
bachelor's degree with a minimum 3.0 grade point average, or have a bachelor's
degree and meet other board-adopted criteria;
(2) pass
the reading, writing, and mathematics skills examination under section 122A.18;
and
(3) pass
the board-approved content area and pedagogy tests.
Subd. 2. Characteristics. An alternative teacher preparation
program under this section must include:
(1) a
minimum 200-hour instructional phase that provides intensive preparation before
that person assumes classroom responsibilities;
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(2) a
research-based and results-oriented approach focused on best teaching practices
to increase student proficiency and growth measured against state academic
standards;
(3)
strategies to combine pedagogy and best teaching practices to better inform
teachers' classroom instruction;
(4)
assessment, supervision, and evaluation of the program participant to determine
the participant's specific needs throughout the program and to support the
participant in successfully completing the program;
(5) formal
instruction and intensive peer coaching throughout the school year that provide
structured guidance and regular ongoing support;
(6) high
quality, sustained, intensive, and classroom-embedded staff development
opportunities conducted by a mentor or by a mentorship team that may include
school administrators, teachers, and postsecondary faculty members and are
directed at improving student learning and achievement; and
(7) a
requirement that program participants demonstrate to the local site team under
subdivision 5 that they are making satisfactory progress toward acquiring a
standard entrance license from the Board of Teaching.
Subd. 3. Program
approval. The Board of
Teaching must approve alternative teacher preparation programs under this
section based on board-adopted criteria that reflect best practices for
alternative teacher preparation programs consistent with this section. The board must permit licensure candidates to
demonstrate licensure competencies in school-based settings and through other
nontraditional means.
Subd. 4. Employment
conditions. Where applicable,
teachers with a limited-term license under this section are subject to the terms
of the local collective bargaining agreement between the local representative
of the teachers and the school board.
Subd. 5. Approval
for standard entrance license. A
local site team that may include teachers, school administrators, postsecondary
faculty, and nonprofit staff must evaluate the performance of the teacher
candidate using the Minnesota State Standards of Effective Practice for
Teachers established in rule and submit to the board an evaluation report
recommending whether or not to issue the teacher candidate a standard entrance
license.
Subd. 6. Standard
entrance license. The Board
of Teaching must issue a standard entrance license to a teacher candidate under
this section who successfully performs throughout the program and is recommended
for licensure under subdivision 5.
Subd. 7. Qualified
teacher. A person with a
valid limited-term license under this section is the teacher of record and a
qualified teacher within the meaning of section 122A.16.
Subd. 8. Reports. The Board of Teaching must submit an
interim report on the efficacy of this program to the K-12 Education Policy and
Finance committees of the legislature by February 15, 2012, and a final report
by February 15, 2014.
EFFECTIVE DATE. This section
is effective for the 2010-2011 school year and later.
Sec. 20. [122A.246]
ALTERNATIVE TEACHER PREPARATION PROGRAM AND LIMITED-TERM TEACHER LICENSE FOR
MID-CAREER PROFESSIONALS.
Subdivision
1. Requirements. (a)
The Board of Teaching annually must approve qualified teacher preparation
programs under this section that are a means for mid-career professionals to
acquire a two-year limited-term license and to prepare for acquiring a standard
entrance license. Partnerships composed
of school districts or charter schools and either:
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(1) a college or university
with a board-approved alternative teacher preparation program; or
(2) a nonprofit corporation
formed for an education-related purpose and subject to chapter 317A and a
college or university with a board-approved alternative teacher preparation
program may offer this program if:
(i) a need for teachers
exists in a subject area identified by the department as a shortage area;
(ii) the teaching staff does
not reflect the racial and cultural diversity of the student population of the
district or charter school; and
(iii) the district or
charter school identifies a need to reduce or eliminate a student achievement
gap based on school performance report card data under section 120B.36.
(b) To participate in this
program, a candidate must:
(1) have a bachelor's degree
and at least ten years of professional experience in a field related to the
license being sought; or
(2) hold a valid teaching
license and have at least five years of classroom teaching experience.
(c) A candidate under
paragraph (b), clause (1), must:
(1) pass the reading,
writing, and mathematics skills examination under section 122A.18;
(2) obtain qualifying scores
on board-approved content area and pedagogy tests; and
(3) before receiving a
limited term license under this section, complete a minimum 200-hour
instructional phase that provides intensive preparation and a full-time student
teaching experience that places the candidate in the classroom under the direct
supervision of a fully licensed classroom teacher for at least 12 weeks. A candidate under paragraph (b), clause (1),
is declared to have met the requirements of this paragraph through the
licensing process and previous classroom experience.
Subd. 2. Characteristics. An alternative teacher preparation
program under this section must include:
(1) a research-based and
results-oriented approach focused on best teaching practices to increase
student proficiency and growth measured against state academic standards;
(2) strategies to combine
pedagogy and best teaching practices to better inform teachers' classroom
instruction;
(3) assessment, supervision,
and evaluation of the program participant to determine the participant's
specific needs throughout the program and to support the participant in
successfully completing the program;
(4) formal instruction and
intensive peer coaching throughout the school year that provide structured
guidance and regular ongoing support;
(5) high quality, sustained,
intensive, and classroom-embedded staff development opportunities conducted by
a mentor or by a mentorship team that may include school administrators,
teachers, and postsecondary faculty members and are directed at improving
student learning and achievement; and
(6) a requirement that
program participants demonstrate to the local site team under subdivision 5
that they are making satisfactory progress toward acquiring a standard entrance
license from the Board of Teaching.
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Subd. 3. Program
approval. The Board of
Teaching must approve alternative teacher preparation programs under this
section based on board-adopted criteria that reflect best practices for
alternative teacher preparation programs consistent with this section. The board must permit licensure candidates to
demonstrate licensure competencies in school-based settings and through other
nontraditional means.
Subd. 4. Employment
conditions. (a) Each full
school year that a teacher with a limited-term license teaches in a Minnesota
school is one year of the teacher's first probationary employment period.
(b) Where
applicable, teachers with a limited-term license under this section are subject
to the terms of the local collective bargaining agreement between the local
representative of the teachers and the school board.
(c) A
school district or charter school must not prospectively promise to employ a
teacher candidate who receives a standard entrance license under this section.
Subd. 5. Approval
for standard entrance license. Postsecondary
faculty, the supervising teacher, and other qualified staff must evaluate the
performance of the teacher candidate using the Minnesota state standards of
effective practice for teachers and content standards by licensure area
established in rule and submit to the board an evaluation report recommending
whether or not to issue the teacher candidate a standard entrance license.
Subd. 6. Standard
entrance license. The Board
of Teaching may issue a standard entrance license to a teacher candidate under
this section who successfully performs under the two-year limited license and
is recommended for licensure under subdivision 5.
Subd. 7. Qualified
teacher. A person with a
valid limited-term license under this section is the teacher of record and a
qualified teacher within the meaning of section 122A.16.
Subd. 8. Reports. (a) The Board of Teaching annually
must collect and report to the K-12 Education Policy and Finance Committees of
the legislature alternative teacher preparation program provider data on
cumulative teacher retention rates, number of licenses issued by licensure
area, the locations where teachers are placed, the number of programs approved,
and the demographic characteristics of the teacher candidates, among other
data. The board may use these data to
approve program providers under this section.
(b) The
Board of Teaching must submit a report on the efficacy of this program to the
K-12 Education Policy and Finance committees of the legislature by February 15,
2014.
Sec. 21. Minnesota Statutes 2009 Supplement, section
122A.40, subdivision 8, is amended to read:
Subd. 8. Annual
evaluations and peer coaching for continuing contract teachers. (a) To improve student learning and
success, a school board and an exclusive representative of the teachers in
the district, consistent with paragraph (b), shall develop a
an annual teacher evaluation and peer review process for continuing
contract teachers through joint agreement.
The peer review process may must include having
trained observers serve as peer coaches or having teachers participate in
professional learning communities.
(b) To
develop, improve, and support qualified teachers and effective teaching
practices and improve student learning and success, the annual evaluation
process for continuing contract teachers must:
(1) be a
collaborative effort between teachers and school administrators to develop and
implement a teacher evaluation process that is based on professional teaching
standards and includes both formative assessments to improve instruction
through identifying teachers' strengths and weaknesses and summative
assessments conducted at least once every three school years and used to make
personnel decisions, consistent with clause (2);
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(2)
coordinate staff development activities under section 122A.60 with this
evaluation process and teachers' evaluation outcomes and give teachers not
meeting standards of effective practice sufficient support to improve;
(3) include
in-class observations by both licensed mentor teachers and school administrators
who are trained evaluators, use a valid observation framework or protocol, and
periodically undergo a reliability review;
(4) provide
peer coaching or have teachers participate in professional learning
communities, consistent with paragraph (a);
(5) require
teachers to develop and present a portfolio demonstrating evidence of
reflection and professional growth, consistent with section 122A.18,
subdivision 4, paragraph (b), using criteria developed by the Board of Teaching
to reliably assess portfolio content, and include teachers' own performance
assessment based on student work samples, student and family surveys, and
videotapes of teachers' work, among other activities;
(6)
demonstrate teachers' content knowledge and teaching skills; and
(7) use
longitudinal data on student academic growth, student attendance, student
engagement and connection, and other outcome measures as evaluation components.
EFFECTIVE DATE. This section
is effective the day following final enactment and applies beginning when a
district next enters into or modifies a collective bargaining agreement or by
the 2011-2012 school year, whichever comes first.
Sec. 22. Minnesota Statutes 2009 Supplement, section
122A.41, subdivision 5, is amended to read:
Subd. 5. Annual
evaluations and peer coaching for continuing contract teachers. (a) To improve student learning and
success, a school board and an exclusive representative of the teachers in
the district, consistent with paragraph (b), must develop a an
annual teacher evaluation and peer review process for nonprobationary
teachers through joint agreement. The peer
review process may must include having trained observers
serve as peer coaches or having teachers participate in professional learning
communities.
(b) To
develop, improve, and support qualified teachers and effective teaching
practices and improve student learning and success, the annual evaluation
process for continuing contract teachers must:
(1) be a
collaborative effort between teachers and school administrators to develop and
implement a teacher evaluation process that is based on professional teaching
standards and includes both formative assessments to improve instruction
through identifying teachers' strengths and weaknesses and summative assessments
conducted at least once every three school years and used to make personnel
decisions, consistent with clause (2);
(2)
coordinate staff development activities under section 122A.60 with this
evaluation process and teachers' evaluation outcomes and give teachers not
meeting standards of effective practice sufficient support to improve;
(3) include
in-class observations by both licensed mentor teachers and school
administrators who are trained evaluators, use a valid observation framework or
protocol, and periodically undergo a reliability review;
(4) provide
peer coaching or have teachers participate in professional learning
communities, consistent with paragraph (a);
(5) require
teachers to develop and present a portfolio demonstrating evidence of reflection
and professional growth, consistent with section 122A.18, subdivision 4,
paragraph (b), using criteria developed by the Board of Teaching to reliably
assess portfolio content, and include teachers' own performance assessment
based on student work samples, student and family surveys, and videotapes of
teachers' work, among other activities;
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(6) demonstrate teachers'
content knowledge and teaching skills; and
(7) use longitudinal data on
student academic growth, student attendance, student engagement and connection,
and other outcome measures as evaluation components.
EFFECTIVE DATE. This section is effective the day following final
enactment and applies beginning when a district next enters into or modifies a
collective bargaining agreement or by the 2011-2012 school year, whichever
comes first.
Sec. 23. [123A.29]
EFFICIENCY PLUS ACCESS TASK FORCES.
Subdivision 1. Purpose. The purpose of the efficiency plus
access task forces is to facilitate greater efficiency and reduce education
costs through collaboration and cooperation across school districts and other
governmental agencies while maintaining or improving the learning results for
students. The legislative intent is to
reduce the administrative costs of education without resorting to a policy of
required consolidation that reduces the number of districts or school boards
and without creating fewer larger schools that require longer bus rides for
students.
Subd. 2. Required
district participation. Each
district with an enrollment of fewer than 5,000 pupils in K-12 for fiscal year 2010
shall participate in an efficiency plus access task force.
Subd. 3. Optional
district and other public entity participation. School districts with more than 5,000
pupils, charter schools, cities, townships, counties, public higher education
institutions, Head Start agencies, public libraries, and other public entities
are encouraged to participate in the efficiency plus access task forces.
Subd. 4. Task
force membership. (a)
Participating districts may organize the task forces using an existing education
district, intermediate district, or other cooperative model. Districts may request that a service
cooperative assist in establishing task forces for their service area. Districts do not need to be contiguous to
form an efficiency plus access task force.
Each task force shall consist of one member appointed by each district
board included in the task force and one member from each entity defined in
subdivision 3 that choose to participate.
Districts and other public entities may decide to become members of more
than one efficiency plus access task force.
These appointments shall be made by August 15, 2010.
(b) Each school board shall
develop a process within the district allowing teachers, students, parents, and
the community to have access and opportunities to review and make
recommendations to be brought forward to the efficiency plus access task force.
(c) The initial meeting of
each task force shall not be later than September 30, 2010. At the initial meeting, each task force shall
elect a chair and other officers it considers necessary to coordinate the work
of the task force.
Subd. 5. Task
force; powers. (a) Each task
force shall review and make recommendations to the boards of the participating
districts and public entities regarding how the purpose of this section can be
met in the following areas:
(1) administrative services
including but not limited to superintendent services, principal services,
financial management, human services, facilities and grounds maintenance, food
and nutrition services, research and evaluation services, transportation
services, health services, information technology services, and other
administrative services. Cooperation
with other public agencies for the provision of administrative services should
be considered;
(2) instructional and
learning services including but not limited to creating a common calendar;
low-attendance elective secondary courses; use of technology to replace or
supplement courses currently being provided; use of technology to provide new
learning opportunities through technology with an emphasis on using low-cost or
no-cost
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learning opportunities
available online; coordination with higher education so that advanced courses
are provided college credit to avoid duplication between high school and
postsecondary; determine how certain students can complete select high school
credit requirements while in middle school; and exploring ways to utilize the
learning opportunities in the community through programs such as parks and
recreation, arts, libraries, and other community providers; and
(3) cooperative
arrangements for shared extracurricular activities, including having the
activities become the responsibility of the community recreational program.
(b) The
task force shall consider creating new models of schools including
project-based learning schools, online learning schools in cooperation with
other education districts, service cooperatives or chartered schools, new grade
11 postsecondary models in partnership with colleges and universities,
prekindergarten through primary grades in partnership with early childhood
providers, and other models of schooling.
Subd. 6. Reporting. Each efficiency plus access task force
shall file its initial planning report with the commissioner no later than
October 15, 2010. The report shall include
the basic information about the composition of the task force, including how
input to the task force will be obtained consistent with subdivision 4,
paragraph (b). Each task force shall
complete its recommendations and file its report with the member school boards
and commissioner no later than December 1, 2011. The report shall include recommendations
pursuant to subdivision 5 and identify the financial impact of those
recommendations for at least fiscal years 2013 and 2014. Each school board shall file a report with
the commissioner regarding the actions it will take in response to the report
no later than March 15, 2012. The report
shall also include the impact on other agencies included in the task force
planning.
Sec. 24. Minnesota Statutes 2009 Supplement, section
123B.143, subdivision 1, is amended to read:
Subdivision
1. Contract;
duties. All districts maintaining a
classified secondary school must employ a superintendent who shall be an ex
officio nonvoting member of the school board.
The authority for selection and employment of a superintendent must be
vested in the board in all cases. An
individual employed by a board as a superintendent shall have an initial
employment contract for a period of time no longer than three years from the
date of employment. Any subsequent
employment contract must not exceed a period of three years. A board, at its discretion, may or may not
renew an employment contract. A board
must not, by action or inaction, extend the duration of an existing employment
contract. Beginning 365 days prior to
the expiration date of an existing employment contract, a board may negotiate
and enter into a subsequent employment contract to take effect upon the
expiration of the existing contract. A
subsequent contract must be contingent upon the employee completing the terms
of an existing contract. If a contract
between a board and a superintendent is terminated prior to the date specified
in the contract, the board may not enter into another superintendent contract
with that same individual that has a term that extends beyond the date
specified in the terminated contract. A
board may terminate a superintendent during the term of an employment contract
for any of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall not rely upon an
employment contract with a board to assert any other continuing contract rights
in the position of superintendent under section 122A.40. Notwithstanding the provisions of sections
122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law to the
contrary, no individual shall have a right to employment as a superintendent
based on order of employment in any district.
If two or more districts enter into an agreement for the purchase or
sharing of the services of a superintendent, the contracting districts have the
absolute right to select one of the individuals employed to serve as
superintendent in one of the contracting districts and no individual has a
right to employment as the superintendent to provide all or part of the
services based on order of employment in a contracting district. The superintendent of a district shall
perform the following:
(1) visit
and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;
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(2)
recommend to the board employment and dismissal of teachers;
(3) annually
evaluate each school principal and assistant principal assigned responsibility
for supervising a school building within the district, consistent with section
123B.147, subdivision 3, paragraph (b);
(4) superintend
school grading practices and examinations for promotions;
(4) (5) make
reports required by the commissioner; and
(5) (6) perform
other duties prescribed by the board.
EFFECTIVE DATE. This section
is effective the day following final enactment and applies beginning when a
district next enters into or modifies a collective bargaining agreement or by
the 2011-2012 school year, whichever comes first.
Sec. 25. Minnesota Statutes 2008, section 123B.147,
subdivision 3, is amended to read:
Subd. 3. Duties;
evaluation. (a) The
principal shall provide administrative, supervisory, and instructional
leadership services, under the supervision of the superintendent of schools of
the district and in accordance with according to the policies,
rules, and regulations of the school board of education, for the
planning, management, operation, and evaluation of the education program of the
building or buildings to which the principal is assigned.
(b) To
enhance principals' leadership skills and support and improve teachers'
teaching practices, the school board and the exclusive representative of the
school principals of the district must negotiate a plan for an annual
evaluation of the school principals and assistant principals assigned
responsibility for supervising a school building within the district. The annual evaluation process must:
(1) be
designed to support and improve principals' instructional leadership defined in
the plan, organizational management, and professional development, and
strengthen principals' capacity in the areas of instruction, supervision,
evaluation, and the development of teachers and highly effective school
organizations;
(2) include
formative and summative evaluations;
(3) be
consistent with the principals' job description, district long-term plans and goals,
and principals' own professional multiyear growth plans and goals;
(4) include
on-the-job observations, team assessments and evaluations, and verbal and
written feedback on performance;
(5) require
feedback from teachers, support staff, students, and parents;
(6) use
longitudinal data on student academic growth as an evaluation component; and
(7) be
linked to professional development.
EFFECTIVE DATE. This section
is effective the day following final enactment and applies beginning when a
district next enters into or modifies a collective bargaining agreement or by
the 2011-2012 school year, whichever comes first.
Sec. 26. Minnesota Statutes 2009 Supplement, section
124D.10, subdivision 3, is amended to read:
Subd. 3. Authorizer. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given them.
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"Application" to
receive approval as an authorizer means the proposal an eligible authorizer
submits to the commissioner under paragraph (c) before that authorizer is able
to submit any affidavit to charter to a school.
"Application"
under subdivision 4 means the charter school business plan a school developer
submits to an authorizer for approval to establish a charter school that
documents the school developer's mission statement, school purposes, program
design, financial plan, governance and management structure, and background and
experience, plus any other information the authorizer requests. The application also shall include a
"statement of assurances" of legal compliance prescribed by the
commissioner.
"Affidavit" means
a written statement the authorizer submits to the commissioner for approval to
establish a charter school under subdivision 4 attesting to its review and
approval process before chartering a school.
"Affidavit" means
the form an authorizer submits to the commissioner that is a precondition to a
charter school organizing an affiliated nonprofit building corporation under
subdivision 17a.
(b) The following
organizations may authorize one or more charter schools:
(1) a school board;
intermediate school district school board; education district organized under
sections 123A.15 to 123A.19;
(2) a charitable
organization under section 501(c)(3) of the Internal Revenue Code of 1986,
excluding a nonpublic sectarian or religious institution, without an
approved affidavit by the commissioner prior to July 1, 2009, and any
person other than a natural person that directly or indirectly, through one or
more intermediaries, controls, is controlled by, or is under common control
with the nonpublic sectarian or religious institution, and any other charitable
organization under this clause that in the federal IRS Form 1023, Part IV,
describes activities indicating a religious purpose, that:
(i) is a member of the
Minnesota Council of Nonprofits or the Minnesota Council on Foundations;
(ii) is registered with the
attorney general's office;
(iii) reports an end-of-year
fund balance of at least $2,000,000; and
(iv) is incorporated in the
state of Minnesota;
(3) a Minnesota private
college, notwithstanding clause (2), that grants two- or four-year degrees and
is registered with the Minnesota Office of Higher Education under chapter 136A;
community college, state university, or technical college governed by the Board
of Trustees of the Minnesota State Colleges and Universities; or the University
of Minnesota; or
(4) a nonprofit corporation
subject to chapter 317A, described in section 317A.905, and exempt from federal
income tax under section 501(c)(6) of the Internal Revenue Code of 1986, may
authorize one or more charter schools if the charter school has operated for at
least three years under a different authorizer and if the nonprofit corporation
has existed for at least 25 years.
(5) no more than three
single-purpose sponsors that are charitable, nonsectarian organizations formed
under section 501(c)(3) of the Internal Revenue Code of 1986 and incorporated
in the state of Minnesota whose sole purpose is to charter schools. Eligible organizations interested in being
approved as a sponsor under this paragraph must submit a proposal to the
commissioner that includes the provisions of paragraph (c) and a five-year
financial plan. Such authorizers shall
consider and approve applications using the criteria provided in subdivision 4
and shall not limit the applications it solicits, considers, or approves to any
single curriculum, learning program, or method.
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(c) An
eligible authorizer under this subdivision must apply to the commissioner for
approval as an authorizer before submitting any affidavit to the commissioner
to charter a school. The application for
approval as a charter school authorizer must demonstrate the applicant's
ability to implement the procedures and satisfy the criteria for chartering a
school under this section. The
commissioner must approve or disapprove an application within 60 business days
of the application deadline. If the
commissioner disapproves the application, the commissioner must notify the
applicant of the deficiencies and the applicant then has 20 business days to
address the deficiencies to the commissioner's satisfaction. Failing to address the deficiencies to the
commissioner's satisfaction makes an applicant ineligible to be an
authorizer. The commissioner, in
establishing criteria for approval, must consider the applicant's:
(1)
capacity and infrastructure;
(2)
application criteria and process;
(3)
contracting process;
(4) ongoing
oversight and evaluation processes; and
(5) renewal
criteria and processes.
(d) The affidavit
application for approval to be submitted to and evaluated by the
commissioner must include at least the following:
(1) how
chartering schools is a way for the organization to carry out its mission;
(2) a
description of the capacity of the organization to serve as a sponsor,
including the personnel who will perform the sponsoring duties, their
qualifications, the amount of time they will be assigned to this
responsibility, and the financial resources allocated by the organization to
this responsibility;
(3) a
description of the application and review process the authorizer will use to
make decisions regarding the granting of charters, which will include at least
the following:
(i) how the
statutory purposes defined in subdivision 1 are addressed;
(ii) the
mission, goals, program model, and student performance expectations;
(iii) an evaluation
plan for the school that includes criteria for evaluating educational,
organizational, and fiscal plans;
(iv) the
school's governance plan;
(v) the
financial management plan; and
(vi) the
administration and operations plan;
(4) a
description of the type of contract it will arrange with the schools it
charters that meets the provisions of subdivision 6 and defines the rights and
responsibilities of the charter school for governing its educational program,
controlling its funds, and making school management decisions;
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(5) the
process to be used for providing ongoing oversight of the school consistent
with the contract expectations specified in clause (4) that assures that the
schools chartered are complying with both the provisions of applicable law and
rules, and with the contract;
(6) the
process for making decisions regarding the renewal or termination of the
school's charter based on evidence that demonstrates the academic,
organizational, and financial competency of the school, including its success
in increasing student achievement and meeting the goals of the charter school
agreement; and
(7) an
assurance specifying that the organization is committed to serving as a sponsor
for the full five-year term.
A
disapproved applicant under this paragraph may resubmit an application during a
future application period.
(e) The
authorizer must participate in department-approved training.
(f) An
authorizer that chartered a school before August 1, 2009, must apply by June
30, 2011, to the commissioner for approval, under paragraph (c), to continue as
an authorizer under this section. For
purposes of this paragraph, an authorizer that fails to submit a timely
application is ineligible to charter a school.
(g) The
commissioner shall review an authorizer's performance every five years in a manner
and form determined by the commissioner and may review an authorizer's
performance more frequently at the commissioner's own initiative or at the
request of a charter school operator, charter school board member, or other
interested party. The commissioner,
after completing the review, shall transmit a report with findings to the
authorizer. If, consistent with this
section, the commissioner finds that an authorizer has not fulfilled the
requirements of this section, the commissioner may subject the authorizer to
corrective action, which may include terminating the contract with the charter
school board of directors of a school it chartered. The commissioner must notify the authorizer
in writing of any findings that may subject the authorizer to corrective action
and the authorizer then has 15 business days to request an informal hearing
before the commissioner takes corrective action.
(h) The
commissioner may at any time take corrective action against an authorizer,
including terminating an authorizer's ability to charter a school for:
(1) failing
to demonstrate the criteria under paragraph (c) under which the commissioner
approved the authorizer;
(2)
violating a term of the chartering contract between the authorizer and the
charter school board of directors; or
(3)
unsatisfactory performance as an approved authorizer.
Sec. 27. Minnesota Statutes 2009 Supplement, section
124D.10, subdivision 4, is amended to read:
Subd. 4. Formation
of school. (a) An authorizer, after
receiving an application from a school developer, may charter a licensed
teacher under section 122A.18, subdivision 1, or a group of individuals that
includes one or more licensed teachers under section 122A.18, subdivision 1, to
operate a school subject to the commissioner's approval of the authorizer's
affidavit under paragraph (b). The
school must be organized and operated as a cooperative under chapter 308A or
nonprofit corporation under chapter 317A and the provisions under the applicable
chapter shall apply to the school except as provided in this section.
Notwithstanding
sections 465.717 and 465.719, a school district, subject to this section and
section 124D.11, may create a corporation for the purpose of establishing a
charter school.
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(b) Before
the operators may establish and operate a school, the authorizer must file an
affidavit with the commissioner stating its intent to charter a school. An authorizer must file a separate affidavit
for each school it intends to charter.
The affidavit must state the terms and conditions under which the authorizer
would charter a school and how the authorizer intends to oversee the fiscal and
student performance of the charter school and to comply with the terms of the
written contract between the authorizer and the charter school board of
directors under subdivision 6. The
commissioner must approve or disapprove the authorizer's affidavit within 60
business days of receipt of the affidavit.
If the commissioner disapproves the affidavit, the commissioner shall
notify the authorizer of the deficiencies in the affidavit and the authorizer
then has 20 business days to address the deficiencies. If the authorizer does not address
deficiencies to the commissioner's satisfaction, the commissioner's disapproval
is final. Failure to obtain commissioner
approval precludes an authorizer from chartering the school that is the subject
of this affidavit.
(c) The
authorizer may prevent an approved charter school from opening for operation
if, among other grounds, the charter school violates this section or does not
meet the ready-to-open standards that are part of the authorizer's oversight
and evaluation process or are stipulated in the charter school contract.
(d) The
operators authorized to organize and operate a school, before entering into a
contract or other agreement for professional or other services, goods, or
facilities, must incorporate as a cooperative under chapter 308A or as a
nonprofit corporation under chapter 317A and must establish a board of
directors composed of at least five members who are not related parties until a
timely election for members of the ongoing charter school board of directors is
held according to the school's articles and bylaws under paragraph (f). A charter school board of directors must be
composed of at least five members who are not related parties. Staff members employed at the school,
including teachers providing instruction under a contract with a cooperative,
and all parents or legal guardians of children enrolled in the school are the
voters eligible to elect the members of the school's board of directors. A charter school must notify eligible voters
of the school board election dates at least 30 days before the election. Board of director meetings must comply with
chapter 13D.
(e) Upon the
request of an individual, the charter school must make available in a timely fashion
the minutes of meetings of the board of directors, and of members and
committees having any board-delegated authority; financial statements showing
all operations and transactions affecting income, surplus, and deficit during
the school's last annual accounting period; and a balance sheet summarizing
assets and liabilities on the closing date of the accounting period. A charter school also must post on its
official Web site information identifying its authorizer and indicate how to
contact that authorizer and include that same information about its authorizer
in other school materials that it makes available to the public.
(f) Every
charter school board member shall attend department-approved training on board
governance, the board's role and responsibilities, employment policies and
practices, and financial management. A
board member who does not begin the required training within six months of
being seated and complete the required training within 12 months of being
seated on the board is ineligible to continue to serve as a board member.
(g) The
ongoing board must be elected before the school completes its third year of
operation. Board elections must be held
during a time when school is in session.
The charter school board of directors shall be composed of at least five
nonrelated members and include: (i) at
least one licensed teacher employed and serving as a teacher at the
school or a licensed teacher providing instruction under a contact
contract between the charter school and a cooperative; (ii) the parent or
legal guardian of a student enrolled in the charter school who is not
employed by the charter school; and (iii) an interested community member
who is not employed by the charter school and does not have a child enrolled in
the school. The board may be a teacher
majority board composed of teachers described in this paragraph. The chief financial officer and the chief
administrator are may only serve as ex-officio nonvoting board
members and shall not serve as a voting member of the board. Charter school employees shall not serve on
the board unless item (i) applies.
Contractors providing facilities, goods, or services to a charter school
shall not serve on the board of directors of the charter school. Board bylaws shall outline the process and
procedures for changing the board's governance model, consistent with chapter
317A. A board may change its governance
model only:
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- Tuesday, May 4, 2010 - Top of Page 10958
(1) by a majority vote of
the board of directors and the licensed teachers employed by the school,
including licensed teachers providing instruction under a contract between the
school and a cooperative; and
(2) with the authorizer's
approval.
Any change in board
governance must conform with the board structure established under this
paragraph.
(h) The granting or renewal
of a charter by an authorizer must not be conditioned upon the bargaining unit
status of the employees of the school.
(i) The granting or renewal
of a charter school by an authorizer must not be contingent on the charter
school being required to contract, lease, or purchase services from the
authorizer. Any potential contract,
lease, or purchase of service from an authorizer must be disclosed to the
commissioner, accepted through an open bidding process, and be a separate
contract from the charter contract. The
school must document the open bidding process.
An authorizer must not enter into a contract to provide management and
financial services for a school that it authorizes, unless the school documents
that it received at least two competitive bids.
(j) An authorizer may permit
the board of directors of a charter school to expand the operation of the
charter school to additional sites or to add additional grades at the school
beyond those described in the authorizer's original affidavit as approved by
the commissioner only after submitting a supplemental affidavit for approval to
the commissioner in a form and manner prescribed by the commissioner. The supplemental affidavit must show that:
(1) the expansion proposed
by the charter school is supported by need and projected enrollment;
(2) the charter school
expansion is warranted, at a minimum, by longitudinal data demonstrating
students' improved academic performance and growth on statewide assessments
under chapter 120B;
(3) the charter school is
fiscally sound and has the financial capacity to implement the proposed
expansion; and
(4) the authorizer finds
that the charter school has the management capacity to carry out its expansion.
(k) The commissioner shall
have 30 business days to review and comment on the supplemental affidavit. The commissioner shall notify the authorizer
of any deficiencies in the supplemental affidavit and the authorizer then has
30 business days to address, to the commissioner's satisfaction, any deficiencies
in the supplemental affidavit. The
school may not expand grades or add sites until the commissioner has approved
the supplemental affidavit. The
commissioner's approval or disapproval of a supplemental affidavit is final.
Sec. 28. Minnesota Statutes 2009 Supplement, section
124D.10, subdivision 4a, is amended to read:
Subd. 4a. Conflict
of interest. (a) An individual is
prohibited from serving must not serve as a member of the charter
school board of directors if the that individual, an immediate
family member, or the individual's partner is an owner, an employee or
agent of, or a contractor who contracts with a for-profit or nonprofit
entity, or an individual, and with whom the charter school contracts,
directly or indirectly, for professional services, goods, or facilities. A violation of this prohibition renders a
contract voidable at the option of the commissioner or the charter school board
of directors. A member of a charter
school board of directors who violates this prohibition is individually liable
to the charter school for any damage caused by the violation.
(b) No member of the board
of directors, employee, officer, or agent of a charter school shall participate
in selecting, awarding, or administering a contract if a conflict of interest
exists. A conflict exists when:
(1) the board member,
employee, officer, or agent;
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(2) the
immediate family of the board member, employee, officer, or agent;
(3) the
partner of the board member, employee, officer, or agent; or
(4) an
organization that employs, or is about to employ any individual in clauses (1)
to (3),
has a
financial or other interest in the entity with which the charter school is
contracting. A violation of this
prohibition renders the contract void.
(c) Any
employee, agent, or board member of the authorizer who participates in the
initial review, approval, ongoing oversight, evaluation, or the charter renewal
or nonrenewal process or decision is ineligible to serve on the board of
directors of a school chartered by that authorizer.
(d) An
individual may serve as a member of the board of directors if no conflict of
interest under paragraph (a) exists.
(e) A
charter school board member or employee may receive remuneration such as a
fee-for-service as part of a financial transaction involving a charter school
only if the remuneration is payment for services rendered that are in addition
to the services the board member or employee already agreed to provide to the
charter school and the board of directors formally approves the remuneration.
(f) The conflict
of interest provisions under this subdivision do not apply to compensation paid
to a teacher employed by the charter school who also serves as a member of the
board of directors.
(f) (g) The
conflict of interest provisions under this subdivision do not apply to a
teacher who provides services to a charter school through a cooperative formed
under chapter 308A when the teacher also serves on the charter school board of
directors.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 29. Minnesota Statutes 2009 Supplement, section
124D.10, subdivision 6a, is amended to read:
Subd. 6a. Audit
report. (a) The charter school must
submit an audit report to the commissioner and its authorizer by December 31
each year.
(b) The
charter school, with the assistance of the auditor conducting the audit, must
include with the report a copy of all charter school agreements for corporate
management services. If the entity that
provides the professional services to the charter school is exempt from
taxation under section 501 of the Internal Revenue Code of 1986, that entity
must file with the commissioner by February 15 a copy of the annual return
required under section 6033 of the Internal Revenue Code of 1986.
(c) If the
commissioner receives an audit report indicating that a material weakness
exists in the financial reporting systems of a charter school, the charter
school must submit a written report to the commissioner explaining how the
material weakness will be resolved. An
entity, as a condition of providing financial services to a charter school,
must agree to make available information about a charter school's financial
audit to the commissioner upon request.
Sec. 30. Minnesota Statutes 2009 Supplement, section
124D.10, subdivision 11, is amended to read:
Subd. 11. Employment
and other operating matters. (a) A
charter school must employ or contract with necessary teachers, as defined by
section 122A.15, subdivision 1, who hold valid licenses to perform the
particular service for which they are employed in the school. The charter school's state aid may be reduced
under section 127A.43 if the school employs a teacher who is not appropriately
licensed or approved by the board of teaching.
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The school
may employ necessary employees who are not required to hold teaching licenses
to perform duties other than teaching and may contract for other services. The school may discharge teachers and
nonlicensed employees. The charter
school board is subject to section 181.932.
When offering employment to a prospective employee, a charter school
must give that employee a written description of the terms and conditions of
employment and the school's personnel policies.
The terms and conditions of employment must include an annual teacher
evaluation that is substantively consistent with section 122A.40, subdivision
8, paragraph (b). Teacher evaluations do
not create an expectation of continuing employment.
(b) A person,
without holding a valid administrator's license, may perform administrative,
supervisory, or instructional leadership duties. The board of directors shall establish
qualifications for persons that hold administrative, supervisory, or
instructional leadership roles. The
qualifications shall include at least the following areas: instruction and assessment; human resource
and personnel management; financial management; legal and compliance
management; effective communication; and board, authorizer, and community
relationships. The board of directors
shall use those qualifications as the basis for job descriptions, hiring, and
performance evaluations, substantively consistent with section 123B.147,
subdivision 3, paragraph (b), of those who hold administrative,
supervisory, or instructional leadership roles.
Performance evaluations do not create an expectation of continuing
employment. The board of directors
and an individual who does not hold a valid administrative license and who
serves in an administrative, supervisory, or instructional leadership position
shall develop a professional development plan.
Documentation of the implementation of the professional development plan
of these persons shall be included in the school's annual report.
(c) The board
of directors also shall decide matters related to the operation of the school,
including budgeting, curriculum and operating procedures.
EFFECTIVE DATE. This section
is effective for the 2011-2012 school year and later.
Sec. 31. Minnesota Statutes 2009 Supplement, section
124D.10, subdivision 23, is amended to read:
Subd. 23. Causes
for nonrenewal or termination of charter school contract. (a) The duration of the contract with an
authorizer must be for the term contained in the contract according to
subdivision 6. The authorizer may or may
not renew a contract at the end of the term for any ground listed in paragraph
(b). An authorizer may unilaterally
terminate a contract during the term of the contract for any ground listed in
paragraph (b). At least 60 days before
not renewing or terminating a contract, the authorizer shall notify the board
of directors of the charter school of the proposed action in writing. The notice shall state the grounds for the
proposed action in reasonable detail and that the charter school's board of
directors may request in writing an informal hearing before the authorizer
within 15 business days of receiving notice of nonrenewal or termination of the
contract. Failure by the board of
directors to make a written request for a hearing within the 15-business-day
period shall be treated as acquiescence to the proposed action. Upon receiving a timely written request for a
hearing, the authorizer shall give ten business days' notice to the charter
school's board of directors of the hearing date. The authorizer shall conduct an informal
hearing before taking final action. The
authorizer shall take final action to renew or not renew a contract no later
than 20 business days before the proposed date for terminating the contract or
the end date of the contract.
(b) A
contract may be terminated or not renewed upon any of the following grounds:
(1) failure
to meet the requirements for pupil performance contained in the contract;
(2) failure
to meet generally accepted standards of fiscal management;
(3)
violations of law; or
(4) other
good cause shown.
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If a
contract is terminated or not renewed under this paragraph, the school must be
dissolved according to the applicable provisions of chapter 308A or 317A.
(c) If the
sponsor and the charter school board of directors mutually agree to terminate
or not renew the contract, a change in sponsors is allowed if the commissioner
approves the transfer to a different eligible authorizer to authorize the
charter school. Both parties must
jointly submit their intent in writing to the commissioner to mutually
terminate the contract. The sponsor that
is a party to the existing contract at least must inform the approved different
eligible sponsor about the fiscal and operational status and student
performance of the school. Before the
commissioner determines whether to approve a transfer of authorizer, the
commissioner first must determine whether the charter school and prospective
new authorizer can identify and effectively resolve those circumstances causing
the previous authorizer and the charter school to mutually agree to terminate
the contract. If no transfer of sponsor
is approved, the school must be dissolved according to applicable law and the
terms of the contract.
(d) The
commissioner, after providing reasonable notice to the board of directors of a
charter school and the existing authorizer, and after providing an opportunity
for a public hearing under chapter 14, may terminate the existing
contract between the authorizer and the charter school board if the charter school
has a history of:
(1) failure
to meet pupil performance requirements contained in the contract
consistent with state law;
(2)
financial mismanagement or failure to meet generally accepted standards of
fiscal management; or
(3) repeated
or major violations of the law.
(e) If the
commissioner terminates a charter school contract under subdivision 3,
paragraph (g), the commissioner shall provide the charter school with
information about other eligible authorizers.
Sec. 32. [124D.101]
VACANT BUILDING INVENTORY.
The
Department of Administration and the Department of Education annually shall
publish a list of state and district-owned buildings and parts of buildings
that are vacant and unused and that may be suitable for operating a charter
school. The Department of Education
shall make the list available to charter school applicants and operators. The list shall include the building address,
a brief building description, and building name. Nothing in this section requires a building
owner to sell or lease a listed building or a part of a building to a charter
school, any other school, or any other prospective buyer or tenant. School districts, upon request, must provide
the Department of Education with the information it needs to compile the vacant
building list under this section.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 33. Laws 2009, chapter 96, article 2, section 64,
is amended to read:
Sec. 64. RESERVED
REVENUE FOR STAFF DEVELOPMENT; TEMPORARY SUSPENSION.
(a) Notwithstanding
Minnesota Statutes, section 122A.61, subdivision 1, for fiscal years 2010 and
2011 only, a school district or charter school may use revenue reserved for staff
development under Minnesota Statutes, section 122A.61, subdivision 1, according
to the requirements of general education revenue under Minnesota Statutes,
section 126C.13, subdivision 5.
(b) On June
30, 2010, a school district may permanently transfer any balance from the
reserved account for staff development to the undesignated general fund
balance.
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Sec. 34. Laws 2009, chapter 96, article 2, section 67,
subdivision 14, is amended to read:
Subd. 14. Collaborative
urban educator. For the
collaborative urban educator grant program:
$528,000 . . . . . 2010
$528,000 . . . . . 2011
$210,000 each year is for the
Southeast Asian teacher program at Concordia University, St. Paul;
$159,000 each year is for the collaborative urban educator program at the
University of St. Thomas; and $159,000 each year is for the Center for
Excellence in Urban Teaching at Hamline University. Grant recipients must collaborate with urban
and nonurban school districts. Any balance
in the first year does not cancel but is available in the second year.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 35. Laws 2009, chapter 96, article 2, section 67,
subdivision 17, is amended to read:
Subd. 17. Education
Planning and Assessment System (EPAS) program.
For the Educational Planning and Assessment System (EPAS) program under
Minnesota Statutes, section 120B.128:
$829,000 . . . . . 2010
$
829,000 638,000 .
. . . . 2011
Any balance in the first year does
not cancel but is available in the second year.
EFFECTIVE DATE. This section is effective July 1,
2010.
Sec. 36. IMPLEMENTING
DIFFERENTIATED GRADUATION RATE MEASURES AND EXPLORING ALTERNATIVE ROUTES TO A
STANDARD DIPLOMA FOR AT-RISK AND OFF-TRACK STUDENTS.
(a) To implement the
requirements of Minnesota Statutes, section 120B.35, subdivision 3, paragraph
(e), the commissioner of education must convene a group of recognized and
qualified experts on improving differentiated graduation rates and establishing
alternative routes to a standard high school diploma for at-risk and off-track
students throughout the state. The
commissioner must assist the group, as requested, to explore and recommend to
the commissioner and the legislature (i) research-based measures that
demonstrate the relative success of school districts, school sites, charter
schools, and alternative program providers in improving the graduation outcomes
of at-risk and off-track students, and (ii) state options for establishing
alternative routes to a standard diploma consistent with the educational
accountability system under Minnesota Statutes, chapter 120B. When proposing alternative routes to a
standard diploma, the group also must identify highly reliable variables that
generate summary data to comply with Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (e), including:
who initiates the request for an alternative route; who approves the
request for an alternative route; the parameters of the alternative route
process, including whether a student first must fail a regular, state-mandated
exam; and the comparability of the academic and achievement criteria reflected
in the alternative route and the standard route for a standard diploma. The group is also encouraged to identify the
data, time lines, and methods needed to evaluate and report on the alternative
routes to a standard diploma once they are implemented and the student outcomes
that result from those routes.
(b) The commissioner must
convene the first meeting of this group by September 15, 2010. Group members must include: one administrator of, one teacher from, and
one parent of a student currently enrolled in a state-approved alternative
program selected by the Minnesota Association of Alternative Programs; one
representative selected by the Minnesota Online Learning Alliance; one
representative selected by the Metropolitan Federation of
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Alternative Schools; one representative
selected by the Minnesota Association of Charter Schools; one representative
selected by the Minnesota School Board Association; one representative selected
by Education Minnesota; one representative selected by the Association of
Metropolitan School Districts; one representative selected by the Minnesota
Rural Education Association; two faculty members selected by the dean of the
college of education at the University of Minnesota with expertise in serving
and assessing at-risk and off-track students; two Minnesota State Colleges and
Universities faculty members selected by the Minnesota State Colleges and
Universities chancellor with expertise in serving and assessing at-risk and
off-track students; one currently serving superintendent from a school district
selected by the Minnesota Association of School Administrators; one currently
serving high school principal selected by the Minnesota Association of
Secondary School Principals; and two public members selected by the
commissioner. The group may seek input
from representatives of other interested stakeholders and organizations with
expertise to help inform the group's work.
The group must meet at least quarterly.
Group members do not receive compensation or reimbursement of expenses
for participating in this group. The
group expires February 16, 2012.
(c) The group, by February
15, 2012, must develop and submit to the commissioner and the education policy
and finance committees of the legislature recommendations and legislation, consistent
with this section and Minnesota Statutes, section 120B.35, subdivision 3,
paragraph (e), for:
(1) measuring and reporting
differentiated graduation rates for at-risk and off-track students throughout
the state and the success and costs that school districts, school sites,
charter schools, and alternative program providers experience in identifying
and serving at-risk or off-track student populations; and
(2) establishing alternative
routes to a standard diploma.
EFFECTIVE DATE. This section is effective the day
following final enactment and applies to school report cards beginning July 1,
2013.
Sec. 37. RULEMAKING
AUTHORITY.
The commissioner of
education shall adopt rules consistent with chapter 14 that provide English
language proficiency standards for instruction of students identified as
limited English proficient under Minnesota Statutes, sections 124D.58 to
124D.64. The English language
proficiency standards must encompass the language domains of listening,
speaking, reading, and writing. The
English language proficiency standards must reflect social and academic
dimensions of acquiring a second language that are accepted of English language
learners in prekindergarten through grade 12.
The English language proficiency standards must address the specific
contexts for language acquisition in the areas of social and instructional
settings as well as academic language encountered in language arts,
mathematics, science, and social studies.
The English language proficiency standards must express the progression
of language development through language proficiency levels. The English language proficiency standards
must be implemented for all limited English proficient students beginning in
the 2011-2012 school year and assessed beginning in the 2012-2013 school year.
Sec. 38. DEPARTMENT
OF EDUCATION.
Subdivision 1. Recess
guidelines. The department is
encouraged to develop voluntary school district guidelines that promote high
quality recess practices and foster student behaviors that lead students to
increase their activity levels, improve their social skills, and misbehave
less.
Subd. 2. Common
course catalogue. The
department is encouraged to include in the Minnesota common course catalogue
all district physical education classes and physical education graduation
requirements.
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Subd. 3. Standards
adoption. Notwithstanding
Minnesota Statutes, sections 120B.021, subdivision 2, and 120B.023, any
statutory criteria required when reviewing or revising standards and
benchmarks, any requirements governing the content of statewide standards, and
any other law to the contrary, the commissioner of education shall initially
adopt the most recent standards developed by the National Association for Sport
and Physical Education for physical education in kindergarten through grade 12.
EFFECTIVE DATE. This section is effective the day following
final enactment.
Sec. 39. HEALTHY
KIDS AWARDS PROGRAM.
Subdivision 1. Recognition. The healthy kids awards program
rewards kindergarten through grade 12 students for their nutritional well-being
and physical activity. In addition to
the physical and nutritional education students receive in physical education
classes, the program is intended to integrate physical activity and nutritional
education into nonphysical education classes, recess, and extracurricular
activities throughout the day.
Interested schools must agree to participate from October through May of
each school year.
Subd. 2. School
district participation. School
districts annually by September 15 may submit to the commissioner of education
a letter of intent to participate in a healthy kids awards program from October
to May during the current school year.
The commissioner must recognize on the school performance report card
under Minnesota Statutes, section 120B.36, those schools and districts that
affirm to the commissioner, as prescribed by the commissioner, that at least 75
percent of students in the school or district are physically active for at
least 60 minutes each school day. The
time students spend participating in a physical education class counts toward
the daily 60-minute requirement.
EFFECTIVE DATE. This section is effective the day
following final enactment and applies beginning in the 2010-2011 school year
and later.
Sec. 40. ADVISORY
TASK FORCE ON SCHOOL DESEGREGATION AND INTEGRATION.
Subdivision 1. Establishment;
purpose; membership. (a) An
advisory task force on school desegregation and integration is established to
develop recommendations and legislation for the legislature on: (i) addressing the findings and
recommendations in the 2005 Minnesota legislative auditor's report on school
district integration revenue, (ii) amending Minnesota's school desegregation
rule, and (iii) specifying the purpose, use, and allocation of integration
revenue under Minnesota Statutes, section 124D.86. The task force shall consist of education
stakeholders interested in addressing school desegregation and integration
policies, integration revenue uses, and the academic achievement gap among
groups of students. The 17-member task
force consists of the commissioner of education or the commissioner's designee
and the following:
(1) one member appointed by
and serving at the pleasure of the Minnesota Indian Affairs Council;
(2) one member appointed by and
serving at the pleasure of the Council on Asian-Pacific Minnesotans;
(3) one member appointed by
and serving at the pleasure of the Council on Black Minnesotans;
(4) one member appointed by
and serving at the pleasure of the Chicano Latino Affairs Council;
(5) three public members
appointed by the speaker of the house who are currently serving as school
district superintendents, collaborative coordinators, or school board members,
with one public member from each of the following: an urban school district, a suburban school
district, and a rural school district, and where at least one of the three
public members is also from a metropolitan integration district;
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(6) four current members of
the house of representatives appointed by the speaker of the house, with two
from each political party, and where two members are from the seven-county
metropolitan area and two members are from rural Minnesota;
(7) three public members
appointed by the senate Subcommittee on Committees of the Committee on Rules
and Administration who are currently serving as school district
superintendents, collaborative coordinators, or school board members, with one
public member from each of the following:
an urban school district, a suburban school district, and a rural school
district, and where at least one of the three public members is also from a
rural integration collaborative district; and
(8) two current members of
the senate appointed by the senate Subcommittee on Committees of the Committee
on Rules and Administration, with one from each political party, and where one
member is from the seven-county metropolitan area and the second member is from
rural Minnesota.
(b) Task force members shall
be appointed by July 1, 2010. Task force
members shall be represented by the designated appointee of each named
organization. The task force shall seek
input from nonmember organizations such as the Institute on Race and Poverty,
the Minneapolis Urban League, the Minnesota Minority Education Partnership, the
National Association for the Advancement of Colored People, and the Office of
the State Demographer, among other organizations whose expertise can help
inform the work of the task force.
(c) The commissioner of
education shall convene the first meeting of the task force by September 15,
2010. Task force members shall elect one
member to serve as the task force chair.
The task force may invite representatives of other interested education
stakeholders and organizations to participate in task force meetings. The task force must meet at least monthly.
(d) Upon request, the
commissioner of education shall provide assistance to the task force.
(e) Task force members do not
receive compensation or reimbursement of expenses from the task force for
service on the task force.
Subd. 2. Duties;
report. (a) The task force
shall develop recommendations and legislation for addressing the findings and
recommendations in the 2005 Minnesota legislative auditor's report on school
district integration revenue, amending Minnesota's school desegregation rule,
and Minnesota Statutes, section 124D.86, governing the use and allocation of
integration revenue. These recommendations
and legislation may address but are not limited to:
(1) access to integrated and
equitable learning environments that enhance achievement and opportunities for
all students;
(2) changing demographics
among Minnesota students reflected in the increasing numbers of students of
color, new immigrants, and English language learners;
(3) cultural proficiency
training for teachers;
(4) the impact of school
choice laws on state and local school desegregation and integration efforts;
and
(5) financial and other
resources that enable schools and school districts to provide staff development
training, magnet schools, and other interdistrict collaborative initiatives
that enhance student achievement.
(b) By January 15, 2011, the
task force shall submit to the legislative committees and divisions with
jurisdiction over early childhood through grade 12 education policy and finance
a report and accompanying legislation that reflect the substance of the
recommendation of the task force.
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Subd. 3. Expiration. The task force expires on January 16,
2011.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 41. ASSESSMENT
ADVISORY COMMITTEE; RECOMMENDATIONS.
(a) The Assessment Advisory
Committee must develop recommendations for alternative methods by which
students satisfy the high school algebra end-of-course requirements under
Minnesota Statutes, section 120B.30, subdivision 1b, paragraph (b), clause (9),
and demonstrate their college and career readiness. The Assessment Advisory Committee, among
other alternative methods and if consistent with federal educational accountability
law, must consider allowing students to:
(1) achieve the mathematics
college readiness score on the American College Test (ACT) or Scholastic
Aptitude Test (SAT) exam;
(2) achieve a college-credit
score on a College-Level Examination Program (CLEP) for algebra;
(3) achieve a score on an
equivalent Advanced Placement or International Baccalaureate exam that would
earn credit at a four-year college or university; or
(4) pass a credit-bearing course
in college algebra or a more advanced course in that subject with a grade of C
or better under Minnesota Statutes, section 124D.09, including Minnesota
Statutes, section 124D.09, subdivision 10.
(b) The Assessment Advisory Committee,
in the context of the high school algebra end-of-course assessment under
Minnesota Statutes, section 120B.30, subdivision 1b, may develop
recommendations on integrating universal design principles to improve access to
learning and assessments for all students, more accurately understand what
students know and can do, provide Minnesota with more cost-effective
assessments, and provide educators with more valid inferences about students'
achievement levels.
(c) The Assessment Advisory
Committee, for purposes of fully implementing the high school algebra
end-of-course assessment under Minnesota Statutes, section 120B.30, subdivision
1b, also must develop recommendations for:
(1) calculating the alignment
index, including how questions about validity and reliability are resolved; and
(2) defining
"misaligned" and "highly misaligned" and when and under
what specific circumstances misalignments occur.
(d) By February 15, 2011, the
Assessment Advisory Committee must submit its recommendations under this
section to the education commissioner and the education policy and finance
committees of the legislature.
(e) The commissioner must not
implement any element of any recommendation under paragraphs (a) to (d) related
to the high school algebra end-of-course assessment under Minnesota Statutes,
section 120B.30, subdivision 1b, without first receiving specific
legislative authority to do so.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 42. PERSISTENTLY
LOWEST-ACHIEVING SCHOOL DESIGNATION; FEDERAL SCHOOL IMPROVEMENT GRANTS.
For purposes of federal
school improvement grants under the American Recovery and Reinvestment Act, and
unless the chief administrator of a school voluntarily agrees to the
designation in writing, the department must not use a school's high school
graduation rate as a basis to designate a high school chartered under Minnesota
Statutes, section 124D.10, or an alternative learning program established under
Minnesota Statutes, section 123A.05, to serve
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and reengage students who
were expelled, dropped out, or are otherwise not enrolled in school, among other
students, as a persistently lowest-achieving school if on December 15 at least
70 percent of the students who, at the time they enroll in the school, are two
or more years older than the average statewide age of other students enrolled
in the same grade, lack a sufficient number of high school credits to graduate
on time, or are otherwise eligible to participate in the graduation incentives
program under Minnesota Statutes, section 124D.68.
EFFECTIVE DATE. This section is effective the day following final
enactment and applies retroactively from January 1, 2010.
Sec. 43. REPEALER.
Minnesota Statutes 2008,
section 122A.24, is repealed.
EFFECTIVE DATE. This section is effective August 1, 2010.
ARTICLE 3
SPECIAL PROGRAMS
Section 1. Minnesota Statutes 2009 Supplement, section
125A.02, subdivision 1, is amended to read:
Subdivision 1. Child
with a disability. "Child with
a disability" means a child identified under federal and state special
education law as having a hearing impairment, blindness, visual disability,
deaf or hard-of-hearing, blind or visually impaired, deafblind, or having a
speech or language impairment, a physical disability
impairment, other health impairment disability, mental
developmental cognitive disability, emotional/behavioral an
emotional or behavioral disorder, specific learning disability, autism
spectrum disorder, traumatic brain injury, or severe multiple disabilities
impairments, or deafblind disability and who needs special
education and related services, as determined by the rules of the commissioner,
is a child with a disability. A
licensed physician, an advanced practice nurse, or a licensed psychologist is
qualified to make a diagnosis and determination of attention deficit disorder
or attention deficit hyperactivity disorder for purposes of identifying a child
with a disability.
EFFECTIVE DATE. This section is effective July 1, 2010.
Sec. 2. Minnesota Statutes 2008, section 125A.03, is
amended to read:
125A.03 SPECIAL INSTRUCTION FOR CHILDREN WITH A DISABILITY.
(a) As defined
Except as provided in paragraph (b), every district must provide or make
available special instruction education and related services,
either within the district or in another district, for all children
every child with a disability, including providing required services
under Code of Federal Regulations, title 34, section 300.121, paragraph (d), to
those children suspended or expelled from school for more than ten school days
in that school year, who are residents is a resident of the
district and who are disabled as set forth in section 125A.02 from
birth until that child becomes 21 years old or receives a regular high school
diploma, whichever comes first. For
purposes of state and federal special education laws, The phrase
"special instruction education and related services"
in the state Education Code means a free and appropriate public
education provided to an eligible child with disabilities and includes
special education and related services defined in the Individuals with
Disabilities Education Act, subpart A, section 300.24 a disability.
(b) Notwithstanding any
age limits in laws to the contrary, special instruction and services must be provided
from birth until July 1 after the child with a disability becomes 21 years old
but shall not extend beyond secondary school or its equivalent, except as
provided in section 124D.68, subdivision 2.
If a child with a disability becomes
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21 years old during the
school year, the district shall continue to make available special education
and related services until the last day of the school year, or until the day
the child receives a regular high school diploma, whichever comes first.
(c) For purposes of this
section and section 121A.41, subdivision 7, paragraph (a), clause (2),
"school year" means the days of student instruction designated by the
school board as the regular school year in the annual calendar adopted under
section 120A.41.
(d) A district shall
identify, locate, and evaluate children with a disability in the district who
are in need of special education and related services. Local health, education, and social
service agencies must refer children under age five who are known to need or
suspected of needing special instruction education and related
services to the school district. Districts
with less than the minimum number of eligible children with a disability as
determined by the commissioner must cooperate with other districts to maintain
a full range of programs for education and services for children with a
disability. This section does not alter
the compulsory attendance requirements of section 120A.22.
EFFECTIVE DATE. This section is effective July 1,
2010.
Sec. 3. [125A.031]
RESOLVING DISPUTES AMONG DISTRICTS.
If districts dispute which
district is responsible for providing or making available special education and
related services to a child with a disability who is not currently enrolled in
a district because the child's district of residence is disputed, the district
in which that child first tries to enroll shall provide or make available
special education and related services to the child until the commissioner is
notified and expeditiously resolves the dispute. For purposes of this section,
"district" means a school district or a charter school.
Sec. 4. Minnesota Statutes 2009 Supplement, section
125A.091, subdivision 7, is amended to read:
Subd. 7. Conciliation
conference. A parent must have an
opportunity to meet with appropriate district staff in at least one
conciliation conference if the parent objects to any proposal of which the
parent receives notice under subdivision 3a.
A district must offer to hold a conciliation conference within two
business days after receiving a parent's objection to a proposal or refusal in
the prior written notice. The district must
hold the conciliation conference within ten calendar days from the date the
district receives a the parent's objection to a proposal or
refusal in the prior written notice.
Except as provided in this section, all discussions held during a
conciliation conference are confidential and are not admissible in a due
process hearing. Within five school days
after the final conciliation conference, the district must prepare and provide
to the parent a conciliation conference memorandum that describes the district's
final proposed offer of service. This
memorandum is admissible in evidence in any subsequent proceeding.
EFFECTIVE DATE. This section is effective the day
following final enactment and applies to all conciliation conferences required
after that date.
Sec. 5. Minnesota Statutes 2008, section 125A.21,
subdivision 2, is amended to read:
Subd. 2. Third
party reimbursement. (a) Beginning
July 1, 2000, districts shall seek reimbursement from insurers and similar third
parties for the cost of services provided by the district whenever the services
provided by the district are otherwise covered by the child's health
coverage. Districts shall request, but
may not require, the child's family to provide information about the child's
health coverage when a child with a disability begins to receive services from
the district of a type that may be reimbursable, and shall request, but may not
require, updated information after that as needed.
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(b) For children enrolled in medical
assistance under chapter 256B or MinnesotaCare under chapter 256L who have no
other health coverage, a district shall provide an initial written notice to
the enrolled child's parent or legal representative of its intent to seek
reimbursement from medical assistance or MinnesotaCare for the individual
education plan health-related services provided by the district. The notice shall include:
(1) the right of the parent
or legal representative to request a copy of all records concerning
individualized education program health-related services disclosed by the
district to any third party;
(2) the right of the parent
or legal representative to withdraw consent for disclosing a child's records at
any time without consequence, including consent that was initially given as
part of the application process for MinnesotaCare or medical assistance under
section 256B.08, subdivision 1; and
(3) a decision to revoke
consent for schools to share information from education records does not impact
a parent's eligibility for MinnesotaCare or medical assistance.
(c) The district shall give the
parent or legal representative annual written notice of:
(1) the district's intent to seek
reimbursement from medical assistance or MinnesotaCare for individual education
plan health-related services provided by the district;
(2) the right of the parent or legal
representative to request a copy of all records concerning individual education
plan health-related services disclosed by the district to any third party; and
(3) the right of the parent or legal
representative to withdraw consent for disclosure of a child's records at any
time without consequence, including consent that was initially given as part
of the application process for MinnesotaCare or medical assistance under
section 256B.08, subdivision 1.
The written
notice shall be provided as part of the written notice required by Code of
Federal Regulations, title 34, section 300.504.
(d) In order to access the private
health care coverage of a child who is covered by private health care coverage
in whole or in part, a district must:
(1) obtain annual written informed
consent from the parent or legal representative, in compliance with subdivision
5; and
(2) inform the parent or legal
representative that a refusal to permit the district or state Medicaid agency
to access their private health care coverage does not relieve the district of
its responsibility to provide all services necessary to provide free and
appropriate public education at no cost to the parent or legal representative.
(e) If the commissioner of human
services obtains federal approval to exempt covered individual education plan
health-related services from the requirement that private health care coverage
refuse payment before medical assistance may be billed, paragraphs (b), (c),
and (d) shall also apply to students with a combination of private health care
coverage and health care coverage through medical assistance or MinnesotaCare.
(f) In the event that Congress or
any federal agency or the Minnesota legislature or any state agency establishes
lifetime limits, limits for any health care services, cost-sharing provisions,
or otherwise provides that individual education plan health-related services
impact benefits for persons enrolled in medical assistance or MinnesotaCare,
the amendments to this subdivision adopted in 2002 are repealed on the
effective date of any federal or state law or regulation that imposes the limits. In that event, districts must obtain informed
consent consistent with this subdivision as it existed prior to the 2002
amendments and subdivision 5, before seeking reimbursement for children
enrolled in medical assistance under chapter 256B or MinnesotaCare under
chapter 256L who have no other health care coverage.
EFFECTIVE DATE. This section is effective the day
following final enactment.
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Sec. 6. Minnesota Statutes 2008, section 125A.21,
subdivision 3, is amended to read:
Subd. 3. Use of
reimbursements. Of the
reimbursements received, districts may:
(1) retain an amount
sufficient to compensate the district for its administrative costs of obtaining
reimbursements;
(2) regularly obtain from
education- and health-related entities training and other appropriate technical
assistance designed to improve the district's ability to determine which
services are reimbursable and to seek timely reimbursement in a cost-effective
manner access third-party payments for individualized education program
health-related services; or
(3) reallocate
reimbursements for the benefit of students with special needs
individualized education programs or individual family service plans in the
district.
Sec. 7. Minnesota Statutes 2008, section 125A.21,
subdivision 5, is amended to read:
Subd. 5. Informed
consent. When obtaining informed
consent, consistent with sections 13.05, subdivision 4, paragraph (d); and,
256B.77, subdivision 2, paragraph (p), and Code of Federal Regulations,
title 34, parts 99 and 300, to bill health plans for covered services, the
school district must notify the legal representative (1) that the cost of the
person's private health insurance premium may increase due to providing the
covered service in the school setting, (2) that the school district may pay
certain enrollee health plan costs, including but not limited to, co-payments, coinsurance,
deductibles, premium increases or other enrollee cost-sharing amounts for
health and related services required by an individual service plan, or
individual family service plan, and (3) that the school's billing for each type
of covered service may affect service limits and prior authorization
thresholds. The informed consent may be
revoked in writing at any time by the person authorizing the billing of the
health plan.
Sec. 8. Minnesota Statutes 2008, section 125A.21,
subdivision 7, is amended to read:
Subd. 7. District
disclosure of information. A school
district may disclose information contained in a student's individual education
plan, consistent with section 13.32, subdivision 3, paragraph (a), and Code
of Federal Regulations, title 34, part 99; including records of the
student's diagnosis and treatment, to a health plan company only with the
signed and dated consent of the student's parent, or other legally authorized
individual. The school district shall
disclose only that information necessary for the health plan company to decide
matters of coverage and payment. A
health plan company may use the information only for making decisions regarding
coverage and payment, and for any other use permitted by law.
Sec. 9. Minnesota Statutes 2008, section 125A.515, is
amended by adding a subdivision to read:
Subd. 3a. Students
without a disability from other states.
A school district need not provide education services under this
section to an out-of-state student without an individualized education program
who lacks a tuition agreement or other agreement by the placing authority to
pay for the services.
EFFECTIVE DATE. This section is effective July 1, 2010, for fiscal
years 2011 and later.
Sec. 10. Minnesota Statutes 2009 Supplement, section
125A.63, subdivision 2, is amended to read:
Subd. 2. Programs. The Department of Education, through the
resource centers must offer summer institutes or other training programs and
other educational strategies throughout the state for deaf or
hard-of-hearing, blind or visually impaired, and multiply disabled pupils. The resource centers must also offer
workshops for teachers, and leadership development for teachers.
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A program offered through the
resource centers must promote and develop education programs offered by school
districts or other organizations. The
program must assist school districts or other organizations to develop innovative
programs.
Sec. 11. Minnesota Statutes 2009 Supplement, section
125A.63, subdivision 4, is amended to read:
Subd. 4. Advisory
committees. (a) The commissioner
shall establish an advisory committee for each resource center. The advisory committees shall develop
recommendations regarding the resource centers and submit an annual report to
the commissioner on the form and in the manner prescribed by the commissioner.
(b) The advisory committee for the
Resource Center for the Deaf and Hard of Hearing shall meet periodically at
least four times per year and submit an annual report to the commissioner, the
education policy and finance committees of the legislature, and the Commission
of Deaf, DeafBlind, and Hard of Hearing Minnesotans. The report must, at least:
(1) identify and report the
aggregate, data-based education outcomes for children with the primary
disability classification of deaf and hard of hearing, consistent with the
commissioner's child count reporting practices, the commissioner's state and
local outcome data reporting system by district and region, and the
school performance report cards under section 120B.36, subdivision 1, and
relevant IDEA Parts B and C mandated reporting data; and
(2) describe the implementation of
a data-based plan for improving the education outcomes of deaf and hard of
hearing children that is premised on evidence-based best practices, and provide
a cost estimate for ongoing implementation of the plan.; and
(3) include the
recommendations for improving the developmental outcomes of children birth to
age 3 and the data underlying those recommendations that the coordinator
identifies under subdivision 5.
Sec. 12. Minnesota Statutes 2009 Supplement, section
125A.63, subdivision 5, is amended to read:
Subd. 5. Statewide
hearing loss early education intervention coordinator. (a) The coordinator shall:
(1) collaborate with the early
hearing detection and intervention coordinator for the Department of Health,
the director of the Department of Education Resource Center for Deaf and
Hard-of-Hearing, and the Department of Health Early Hearing Detection and
Intervention Advisory Council;
(2) coordinate and support
Department of Education early hearing detection and intervention teams;
(3) leverage resources by serving
as a liaison between interagency early intervention committees; part C
coordinators from the Departments of Education, Health, and Human Services;
Department of Education regional low-incidence facilitators; service
coordinators from school districts; Minnesota children with special health
needs in the Department of Health; public health nurses; child find; Department
of Human Services Deaf and Hard-of-Hearing Services Division; and others as
appropriate;
(4) identify, support, and promote
culturally appropriate and evidence-based early intervention practices for
infants with hearing loss, and provide training, outreach, and use of
technology to increase consistency in statewide service provision;
(5) identify culturally appropriate
specialized reliable and valid instruments to assess and track the progress of
children with hearing loss and promote their use;
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(6) ensure that early childhood
providers, parents, and members of the individual family service and
intervention plan are provided with child progress data resulting from
specialized assessments;
(7) educate early childhood
providers and teachers of the deaf and hard-of-hearing to use developmental
data from specialized assessments to plan and adjust individual family service
plans; and
(8) make recommendations that would
improve educational outcomes to the early hearing detection and intervention
committee, the commissioners of education and health, the Commission of Deaf,
DeafBlind and Hard-of-Hearing Minnesotans, and the advisory council of the
Minnesota Department of Education Resource Center for the Deaf and
Hard-of-Hearing.
(b) The Department of Education
must provide aggregate data regarding outcomes of deaf and hard-of-hearing
children with hearing loss who receive early intervention services
within the state in accordance with the state performance plan.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 13. Minnesota Statutes 2008, section 125A.69,
subdivision 1, is amended to read:
Subdivision 1. Two
kinds Admissions. There
are two kinds of Admission to the Minnesota State Academies is described
in this section.
(a) A pupil who is deaf, hard of
hearing, or blind-deaf, may be admitted to the Academy for the Deaf. A pupil who is blind or visually impaired, blind-deaf,
or multiply disabled may be admitted to the Academy for the Blind. For a pupil to be admitted, two decisions
must be made under sections 125A.03 to 125A.24 and 125A.65.
(1) It must be decided by the
individual education planning team that education in regular or special
education classes in the pupil's district of residence cannot be achieved
satisfactorily because of the nature and severity of the deafness or blindness
or visual impairment respectively.
(2) It must be decided by the
individual education planning team that the academy provides the most
appropriate placement within the least restrictive alternative for the pupil.
(b) A deaf or hard of hearing child
or a visually impaired pupil may be admitted to get socialization skills or on
a short-term basis for skills development.
(c) A parent of a child who
resides in Minnesota and who meets the disability criteria for being deaf or
hard-of-hearing, blind or visually impaired, or multiply disabled may apply to
place the child in the Minnesota State Academies. Academy staff must review the application to
determine whether the Minnesota State Academies is an appropriate placement for
the child. If academy staff determine
that the Minnesota State Academies is an appropriate placement, the staff must
invite the individualized education program team at the child's resident school
district to participate in a meeting to arrange a trial placement of between 60
and 90 calendar days at the Minnesota State Academies. If the child's parent consents to the trial
placement, the Minnesota State Academies is the responsible serving school
district and incur all due process obligations under law and the child's
resident school district is responsible for any transportation included in the
child's individualized education program during the trial placement. Before the trial placement ends, academy
staff must convene an individualized education program team meeting to
determine whether to continue the child's placement at the Minnesota State
Academies or that another
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placement is
appropriate. If the individualized
education program team and the parent are unable to agree on the child's
placement, the child's placement reverts to the placement in the child's
individualized education program that immediately preceded the trial
placement. If the parent and
individualized education program team agree to continue the placement beyond
the trial period, the transportation and due process responsibilities are the
same as those described for the trial placement under this paragraph.
EFFECTIVE DATE. This section is effective for the
2010-2011 school year and later.
Sec. 14. Minnesota Statutes 2009 Supplement, section
256B.0625, subdivision 26, is amended to read:
Subd. 26. Special
education services. (a) Medical
assistance covers medical services identified in a recipient's individualized
education plan and covered under the medical assistance state plan. Covered services include occupational
therapy, physical therapy, speech-language therapy, clinical psychological
services, nursing services, school psychological services, school social work
services, personal care assistants serving as management aides, assistive
technology devices, transportation services, health assessments, and other
services covered under the medical assistance state plan. Mental health services eligible for medical
assistance reimbursement must be provided or coordinated through a children's
mental health collaborative where a collaborative exists if the child is
included in the collaborative operational target population. The provision or coordination of services
does not require that the individual education plan be developed by the
collaborative.
The services may be provided by a
Minnesota school district that is enrolled as a medical assistance provider or
its subcontractor, and only if the services meet all the requirements otherwise
applicable if the service had been provided by a provider other than a school
district, in the following areas:
medical necessity, physician's orders, documentation, personnel
qualifications, and prior authorization requirements. The nonfederal share of costs for services
provided under this subdivision is the responsibility of the local school
district as provided in section 125A.74.
Services listed in a child's individual education plan are eligible for
medical assistance reimbursement only if those services meet criteria for
federal financial participation under the Medicaid program.
(b) Approval of health-related
services for inclusion in the individual education plan does not require prior authorization
for purposes of reimbursement under this chapter. The commissioner may require physician review
and approval of the plan not more than once annually or upon any modification
of the individual education plan that reflects a change in health-related
services.
(c) Services of a speech-language
pathologist provided under this section are covered notwithstanding Minnesota
Rules, part 9505.0390, subpart 1, item L, if the person:
(1) holds a masters degree in
speech-language pathology;
(2) is licensed by the Minnesota
Board of Teaching as an educational speech-language pathologist; and
(3) either has a certificate of
clinical competence from the American Speech and Hearing Association, has
completed the equivalent educational requirements and work experience necessary
for the certificate or has completed the academic program and is acquiring
supervised work experience to qualify for the certificate.
(d) Medical assistance coverage for
medically necessary services provided under other subdivisions in this section
may not be denied solely on the basis that the same or similar services are
covered under this subdivision.
(e) The commissioner shall develop
and implement package rates, bundled rates, or per diem rates for special
education services under which separately covered services are grouped together
and billed as a unit in order to reduce administrative complexity.
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(f) The commissioner shall
develop a cost-based payment structure for payment of these services. Only costs reported through designated
Department of Education data systems in distinct service categories may be
included in the cost-based payment structure.
The commissioner shall reimburse claims submitted based on an
interim rate, and shall settle at a final rate once the department has
determined it. The commissioner shall
notify the school district of the final rate.
The school district has 60 days to appeal the final rate. To appeal the final rate, the school district
shall file a written appeal request to the commissioner within 60 days of the
date the final rate determination was mailed.
The appeal request shall specify (1) the disputed items and (2) the name
and address of the person to contact regarding the appeal.
(g) Effective July 1, 2000,
medical assistance services provided under an individual education plan or an
individual family service plan by local school districts shall not count
against medical assistance authorization thresholds for that child.
(h) Nursing services as
defined in section 148.171, subdivision 15, and provided as an individual
education plan health-related service, are eligible for medical assistance
payment if they are otherwise a covered service under the medical assistance
program. Medical assistance covers the
administration of prescription medications by a licensed nurse who is employed
by or under contract with a school district when the administration of
medications is identified in the child's individualized education plan. The simple administration of medications
alone is not covered under medical assistance when administered by a provider
other than a school district or when it is not identified in the child's
individualized education plan.
Sec. 15. Laws 2009, chapter 79, article 5, section 60,
is amended to read:
Sec. 60. Minnesota Statutes 2008, section 256L.05, is
amended by adding a subdivision to read:
Subd. 1c. Open enrollment
and streamlined application and enrollment process. (a) The commissioner and local agencies
working in partnership must develop a streamlined and efficient application and
enrollment process for medical assistance and MinnesotaCare enrollees that
meets the criteria specified in this subdivision.
(b) The commissioners of
human services and education shall provide recommendations to the legislature
by January 15, 2010, on the creation of an open enrollment process for medical
assistance and MinnesotaCare that is coordinated with the public education
system. The recommendations must:
(1) be developed in
consultation with medical assistance and MinnesotaCare enrollees and
representatives from organizations that advocate on behalf of children and families,
low-income persons and minority populations, counties, school administrators
and nurses, health plans, and health care providers;
(2) be based on enrollment
and renewal procedures best practices, including express lane eligibility as
required under subdivision 1d;
(3) simplify the enrollment
and renewal processes wherever possible; and
(4) establish a process:
(i) to disseminate
information on medical assistance and MinnesotaCare to all children in the
public education system, including prekindergarten programs; and
(ii) for the commissioner of
human services to enroll children and other household members who are eligible.
The commissioner of human
services in coordination with the commissioner of education shall implement an
open enrollment process by August 1, 2010, to be effective beginning with the
2010-2011 school year.
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(c) The commissioner and local
agencies shall develop an online application process for medical assistance and
MinnesotaCare.
(d) The commissioner shall develop an
application that is easily understandable and does not exceed four pages in
length.
(e) The commissioner of human
services shall present to the legislature, by January 15, 2010, an
implementation plan for the open enrollment period and online application
process.
(f) To ensure parity between
all providers of medical services in the ability to seek reimbursement from
MinnesotaCare or medical assistance, the commissioner of human services, in
consultation with the commissioner of education, shall include on new or
revised enrollment forms consent authorization language for all providers of
medical services to the parent's child or children, including schools, by
incorporating language on the enrollment form that is consistent with federal
data practices laws requiring consent before a school may release information
from individual educational records. The
consent language shall include a statement that the medical services providers
may share with the commissioner of human services medical or other information
in the possession of the provider that is necessary for the provider to be
reimbursed by MinnesotaCare or medical assistance. The consent language also shall state that
information may be shared from a child's individual educational records and
that the parent may revoke the consent for schools to share information from
educational records at any time. The
commissioner shall include substantially similar consent authorization language
on each of its other enrollment forms as they are scheduled for review,
revision, or replacement.
EFFECTIVE DATE. This section is effective July 1,
2010, or upon federal approval, which must be requested by the commissioner,
whichever is later.
Sec. 16. SPECIAL
EDUCATION REPORT.
As the agency charged with
administering and enforcing federal and state special education laws and making
special education aid payments, the Department of Education must identify and
report by February 15, 2011, to the committees of the house of representatives
and senate with primary jurisdiction over kindergarten through grade 12
education the specific circumstances under which a school district or other
entity, consistent with federal and state law, must provide special education
and related services to a child with a disability and thereby receives payment
for providing the special education and related services.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 17. THIRD-PARTY
BILLING.
To allow the cost effective
billing of medical assistance for covered services that are not reimbursed by
other legally liable third parties, the commissioner of human services must:
(1) summarize and document
school district efforts to secure reimbursement from legally liable third
parties; and
(2) request permission from
the Centers for Medicare and Medicaid Services to allow school districts to
bill Medicaid alone, without first billing private payers, when:
(i) a child has both public
and private coverage; and
(ii) documentation demonstrates
that the private payer involved does not reimburse for individualized education
program health-related services.
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Sec. 18. REVISOR'S
INSTRUCTION.
The revisor of statutes
shall substitute the term "individualized education program" or
similar terms for "individual education plan" or similar terms
wherever they appear in Minnesota Statutes and Minnesota Rules referring to the
requirements relating to the federal Individuals with Disabilities Education
Act. The revisor shall also make
grammatical changes related to the changes in terms.
Sec. 19. REPEALER.
Minnesota Statutes 2008,
section 125A.54, is repealed.
ARTICLE 4
FACILITIES AND TECHNOLOGY
Section 1. Minnesota Statutes 2008, section 123B.57, as
amended by Laws 2009 chapter 96, article 4, section 2, is amended to read:
123B.57 CAPITAL EXPENDITURE; HEALTH AND SAFETY.
Subdivision 1. Health
and safety program revenue application. (a) To receive health and safety revenue
for any fiscal year a district must submit to the commissioner an a
capital expenditure health and safety revenue application for aid and
levy by the date determined by the commissioner. The application may be for hazardous
substance removal, fire and life safety code repairs, labor and industry
regulated facility and equipment violations, and health, safety, and
environmental management, including indoor air quality management. The application must include a health and
safety program budget adopted and confirmed by the school
district board as being consistent with the district's health and safety
policy under subdivision 2. The program
budget must include the estimated cost, per building, of the program
per Uniform Financial Accounting and Reporting Standards (UFARS) finance
code, by fiscal year. Upon approval
through the adoption of a resolution by each of an intermediate district's
member school district boards and the approval of the Department of Education,
a school district may include its proportionate share of the costs of health
and safety projects for an intermediate district in its application.
(b) Health and safety projects with
an estimated cost of $500,000 or more per site are not eligible for health and
safety revenue. Health and safety
projects with an estimated cost of $500,000 or more per site that meet all
other requirements for health and safety funding, are eligible for alternative
facilities bonding and levy revenue according to section 123B.59. A school board shall not separate portions of
a single project into components to qualify for health and safety revenue, and
shall not combine unrelated projects into a single project to qualify for
alternative facilities bonding and levy revenue.
(c) The commissioner of
education shall not make eligibility for health and safety revenue contingent
on a district's compliance status, level of program development, or
training. The commissioner shall not
mandate additional performance criteria such as training, certifications, or
compliance evaluations as a prerequisite for levy approval.
Subd. 2. Contents
of program Health and safety policy.
To qualify for health and safety revenue, a district
school board must adopt a health and safety program policy. The program policy must include
plans, where applicable, for hazardous substance removal, fire and life
safety code repairs, regulated facility and equipment violations, and
provisions for implementing a health and safety program that complies with
health, safety, and environmental management, regulations and best
practices including indoor air quality management.
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(a) A hazardous substance
plan must contain provisions for the removal or encapsulation of asbestos from
school buildings or property, asbestos-related repairs, cleanup and disposal of
polychlorinated biphenyls found in school buildings or property, and cleanup,
removal, disposal, and repairs related to storing heating fuel or
transportation fuels such as alcohol, gasoline, fuel, oil, and special fuel, as
defined in section 296A.01. If a
district has already developed a plan for the removal or encapsulation of
asbestos as required by the federal Asbestos Hazard Emergency Response Act of
1986, the district may use a summary of that plan, which includes a description
and schedule of response actions, for purposes of this section. The plan must also contain provisions to make
modifications to existing facilities and equipment necessary to limit personal
exposure to hazardous substances, as regulated by the federal Occupational
Safety and Health Administration under Code of Federal Regulations, title 29,
part 1910, subpart Z; or is determined by the commissioner to present a
significant risk to district staff or student health and safety as a result of
foreseeable use, handling, accidental spill, exposure, or contamination.
(b) A fire and life safety
plan must contain a description of the current fire and life safety code
violations, a plan for the removal or repair of the fire and life safety
hazard, and a description of safety preparation and awareness procedures to be
followed until the hazard is fully corrected.
(c) A facilities and
equipment violation plan must contain provisions to correct health and safety
hazards as provided in Department of Labor and Industry standards pursuant to
section 182.655.
(d) A health, safety, and
environmental management plan must contain a description of training, record
keeping, hazard assessment, and program management as defined in section
123B.56.
(e) A plan to test for and
mitigate radon produced hazards.
(f) A plan to monitor and
improve indoor air quality.
Subd. 3. Health
and safety revenue. A district's
health and safety revenue for a fiscal year equals the district's alternative
facilities levy under section 123B.59, subdivision 5, paragraph (b), plus the
greater of zero or:
(1) the sum of (a) the total
approved cost of the district's hazardous substance plan for fiscal years 1985
through 1989, plus (b) the total approved cost of the district's health and
safety program for fiscal year 1990 through the fiscal year to which the levy
is attributable, excluding expenditures funded with bonds issued under section
123B.59 or 123B.62, or chapter 475; certificates of indebtedness or capital
notes under section 123B.61; levies under section 123B.58, 123B.59, 123B.63, or
126C.40, subdivision 1 or 6; and other federal, state, or local revenues, minus
(2) the sum of (a) the district's
total hazardous substance aid and levy for fiscal years 1985 through 1989 under
sections 124.245 and 275.125, subdivision 11c, plus (b) the district's health
and safety revenue under this subdivision, for years before the fiscal year to
which the levy is attributable.
Subd. 4. Health
and safety levy. To receive health
and safety revenue, a district may levy an amount equal to the district's
health and safety revenue as defined in subdivision 3 multiplied by the lesser
of one, or the ratio of the quotient derived by dividing the adjusted net tax
capacity of the district for the year preceding the year the levy is certified
by the adjusted marginal cost pupil units in the district for the school year
to which the levy is attributable, to $2,935.
Subd. 5. Health
and safety aid. A district's health
and safety aid is the difference between its health and safety revenue and its
health and safety levy. If a district
does not levy the entire amount permitted, health and safety aid must be
reduced in proportion to the actual amount levied. Health and safety aid may not be reduced as a
result of reducing a district's health and safety levy according to section
123B.79.
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Subd. 6. Uses
of health and safety revenue. (a)
Health and safety revenue may be used only for approved expenditures necessary
to correct fire and life safety hazards, or for the; design,
purchase, installation, maintenance, and inspection of fire protection and
alarm equipment; purchase or construction of appropriate facilities for the
storage of combustible and flammable materials; inventories and facility
modifications not related to a remodeling project to comply with lab safety
requirements under section 121A.31; inspection, testing, repair, removal or
encapsulation, and disposal of asbestos from school buildings or
property owned or being acquired by the district, asbestos-related repairs,
asbestos-containing building materials; cleanup and disposal of polychlorinated
biphenyls found in school buildings or property owned or being acquired by
the district, or the; cleanup and disposal of hazardous and infectious
wastes; cleanup, removal, disposal, and repairs related to storing heating
fuel or transportation fuels such as alcohol, gasoline, fuel oil, and special
fuel, as defined in section 296A.01, Minnesota; correction of
occupational safety and health administration regulated facility and
equipment hazards,; indoor air quality inspections,
investigations, and testing; mold abatement,; upgrades or
replacement of mechanical ventilation systems to meet American Society of
Heating, Refrigerating and Air Conditioning Engineers standards and State
Mechanical Code,; design, materials, and installation of local exhaust
ventilation systems, including required make up air for controlling regulated
hazardous substances; correction of Department of Health Food Code and
violations; correction of swimming pool hazards excluding depth correction,;
playground safety inspections and the installation of impact surfacing
materials; bleacher repair or rebuilding to comply with the order of a building
code inspector under section 326B.112; testing and mitigation of elevated radon
hazards; lead in water, paint, soil, and toys testing; copper in water testing;
cleanup after major weather-related disasters or flooding; reduction of
excessive organic and inorganic levels in wells and well capping of abandoned
wells; installation and testing of boiler backflow valves to prevent contamination
of potable water; vaccinations, titers, and preventative supplies for
bloodborne pathogen compliance; costs to comply with the Janet B. Johnson
Parents' Right To Know Act; and health, safety, and environmental
management costs associated with implementing the district's health and
safety program including costs to establish and operate safety committees, in
school buildings or property owned or being acquired by the district. Testing and calibration activities are
permitted for existing mechanical ventilation systems at intervals no less than
every five years. Health and safety
revenue must not be used to finance a lease purchase agreement, installment
purchase agreement, or other deferred payments agreement. Health and safety revenue must not be used
for the construction of new facilities or the purchase of portable classrooms,
for interest or other financing expenses, or for energy efficiency projects
under section 123B.65. The revenue may
not be used for a building or property or part of a building or property used
for postsecondary instruction or administration or for a purpose unrelated to
elementary and secondary education.
Subd. 6a. Restrictions
on health and safety revenue. (b)
Notwithstanding paragraph (a) subdivision 6, health and safety
revenue must not be used to finance a lease purchase agreement, installment
purchase agreement, or other deferred payments agreement, for the construction
of new facilities, remodeling of existing facilities, or the purchase of
portable classrooms, for interest or other financing expenses, or for energy
efficiency projects under section 123B.65, for a building or property or part
of a building or property used for postsecondary instruction or administration
or for a purpose unrelated to elementary and secondary education, for
replacement of building materials or facilities including roof, walls, windows,
internal fixtures and flooring, nonhealth and safety costs associated with
demolition of facilities, structural repair or replacement of facilities due to
unsafe conditions, violence prevention and facility security, ergonomics, or
for building and heating, ventilating and air conditioning supplies,
maintenance, and cleaning activities.
All assessments, investigations, inventories, and support equipment not
leading to the engineering or construction of a project shall be included in
the health, safety, and environmental management costs in subdivision 8,
paragraph (a).
Subd. 6b. Health
and safety projects. (a)
Health and safety revenue applications defined in subdivision 1 must be
accompanied by a description of each project for which funding is being
requested. Project descriptions must
provide enough detail for an auditor to determine if the work qualifies for
revenue. For projects other than fire
and life safety projects, playground projects, and health, safety, and
environmental management activities, a project description does not need to
include itemized details such as material types, room locations, square feet,
names, or license numbers. The
commissioner shall approve only projects that comply with subdivisions 6 and 8,
as defined by the Department of Education.
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(b) Districts may request
funding for allowable projects based on self-assessments, safety committee
recommendations, insurance inspections, management assistance reports, fire
marshal orders, or other mandates. Notwithstanding
subdivision 1, paragraph (b), and subdivision 8, paragraph (b), for projects
under $500,000, individual project size for projects authorized by this
subdivision is not limited and may include related work in multiple facilities. Health and safety management costs from
subdivision 8 may be reported as a single project.
(c) All costs directly
related to a project shall be reported in the appropriate Uniform Financial
Accounting and Reporting Standards (UFARS) finance code.
(d) For fire and life safety
egress and all other projects exceeding $20,000, cited under Minnesota Fire
Code, a fire marshal plan review is required.
(e) Districts shall update
project estimates with actual expenditures for each fiscal year. If a project's final cost is significantly higher
than originally approved, the commissioner may request additional supporting
information.
Subd. 6c. Appeals
process. In the event a
district is denied funding approval for a project the district believes
complies with subdivisions 6 and 8, and is not otherwise excluded, a district
may appeal the decision. All such
requests must be in writing. The
commissioner shall respond in writing. A
written request must contain the following:
project number; description and amount; reason for denial; unresolved
questions for consideration; reasons for reconsideration; and a specific
statement of what action the district is requesting.
Subd. 7. Proration. In the event that the health and safety
aid available for any year is prorated, a district having its aid prorated may
levy an additional amount equal to the amount not paid by the state due to
proration.
Subd. 8. Health,
safety, and environmental management cost.
(a) "Health, safety, and environmental management" is
defined in section 123B.56.
(b) A district's cost for
health, safety, and environmental management is limited to the lesser of:
(1) actual cost to implement
their plan; or
(2) an amount determined by
the commissioner, based on enrollment, building age, and size.
(b) (c) The department may contract
with regional service organizations, private contractors, Minnesota Safety
Council, or state agencies to provide management assistance to school districts
for health and safety capital projects.
Management assistance is the development of written programs for the
identification, recognition and control of hazards, and prioritization and
scheduling of district health and safety capital projects. The department commissioner
shall not mandate management assistance or exclude private contractors
from the opportunity to provide any health and safety services to school
districts.
(c) Notwithstanding
paragraph (b), the department may approve revenue, up to the limit defined in
paragraph (a) for districts having an approved health, safety, and
environmental management plan that uses district staff to accomplish
coordination and provided services.
EFFECTIVE DATE. This section is effective July 1, 2010.
Sec. 2. [126C.75]
FIBER OPTIC INFRASTRUCTURE GRANT PROGRAM.
Subdivision 1. Creation
of accounts. Two public
school fiber optic infrastructure accounts are created, one in the general fund
and one in the bond proceeds fund. Money
in these accounts may only be used for capital costs of fiber optic
infrastructure for eligible public school projects.
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Subd. 2. Program
purpose. The fiber optic
infrastructure grant program is established to provide the capital investment
needed to bridge the gap between the federal Schools and Libraries Program of
the Universal Service Fund, commonly known as "E-Rate," and the total
cost of fiber optic infrastructure that will better public school buildings to
support 21st century learning capacity at each district school.
Subd. 3. General
eligibility; state general obligation bond funds. Article XI, section 5, clause (a), of
the Minnesota Constitution requires that state general obligation bonds be issued
to finance only the acquisition or betterment of public land, buildings, and
other public improvements of a capital nature.
The legislature has determined that many fiber optic infrastructure
projects will constitute betterments and capital improvements within the
meaning of the Minnesota Constitution and capital expenditures under generally
accepted accounting principles, and will be financed more efficiently and
economically under this section than by direct appropriations for specific
projects.
Subd. 4. Definitions. For purposes of this section:
(1) "school
district" means an independent, common, special, or intermediate school
district or a charter school.
(2) "fiber optic
infrastructure" means the land, buildings, fiber optic connection cable,
and end point hardware, including routers and switches. It does not include computers, telephones, or
cameras.
Subd. 5. Grant
program established. The
commissioner shall make grants to school districts for fiber optic
infrastructure projects.
Subd. 6. Eligible
costs for grants. (a)
"Eligible cost" for use of state general obligation bond fund money
means the acquisition of land or permanent easements; preparation of land on
which the fiber optic infrastructure will be located, including demolition of
structures and remediation of any hazardous conditions on the land; and
predesign, design, acquisition, and installation of publicly owned fiber optic
infrastructure in this state with a useful life of at least ten years that
supports public school district facility operation, administration, and
instruction; the unpaid principal on debt issued by the school district for a
fiber optic infrastructure project, or the amount necessary to pay in a lump
sum all lease payments due if payment results in the school district owning the
fiber optic infrastructure. All uses
under this paragraph must be for publicly owned property.
(b) "Eligible
cost" for use of any other source of money will be determined by
limitations imposed on that source, but may include the costs of leases and
reimbursement of the costs of purchase and installation of fiber optic
infrastructure.
Subd. 7. Application. The commissioner must develop forms
and procedures for soliciting and reviewing applications for grants under this
section. At a minimum, a school district
must include the following information in its application:
(1) a resolution adopted by
its school board certifying that the money required to be supplied by the
school district to complete the project is available and committed;
(2) a detailed and specific
description of the project and an estimate, along with necessary supporting
evidence, of the total costs for the project;
(3) an assessment of the
need for and benefits of the project;
(4) a timeline indicating the
major milestones of the project and their anticipated completion dates; and
(5) any additional
information or material the commissioner prescribes.
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Subd. 8. Criteria
for grants. The commissioner
must develop the criteria that will be used to award grants if grant
applications exceed available resources.
Subd. 9. Cancellation
of grant. If, five years
after execution of a grant agreement, the commissioner determines that the
grantee has not proceeded in a timely manner with implementation of the project
funded, the commissioner must cancel the grant and the grantee must repay to
the commissioner all grant money paid to the grantee. Section 16A.642 applies to any appropriations
made to the commissioner under this section that have not been awarded to
grantees.
Subd. 10. Report. By January 15 of each year, the
commissioner must submit to the commissioner of management and budget and the
chairs of the legislative committees or divisions with jurisdiction over
education policy, education finance, and capital investment, a list of the
projects that have been funded with money under this program during the
preceding calendar year, as well as a list of those priority projects for which
state bond proceeds fund appropriations will be sought during that year's
legislative session.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 3. HEALTH
AND SAFETY POLICY.
Notwithstanding Minnesota
Statutes, section 123B.57, subdivision 2, a school board that has not yet
adopted a health and safety policy by September 30, 2010, may submit an
application for health and safety revenue for taxes payable in 2011 in the form
and manner specified by the commissioner of education.
EFFECTIVE DATE. This section is effective the day
following final enactment.
ARTICLE 5
ACCOUNTING
Section 1. Minnesota Statutes 2009 Supplement, section
16A.152, subdivision 2, as amended by Laws 2010, chapter 215, article 11,
section 15, is amended to read:
Subd. 2. Additional
revenues; priority. (a) If on the
basis of a forecast of general fund revenues and expenditures, the commissioner
of management and budget determines that there will be a positive unrestricted
budgetary general fund balance at the close of the biennium, the commissioner
of management and budget must allocate money to the following accounts and
purposes in priority order:
(1) the cash flow account
established in subdivision 1 until that account reaches $350,000,000;
(2) the budget reserve account
established in subdivision 1a until that account reaches $653,000,000;
(3) the amount necessary to
increase the aid payment schedule for school district aids and credits payments
in section 127A.45 to not more than 90 percent rounded to the nearest tenth of
a percent without exceeding the amount available and with any remaining funds
deposited in the budget reserve;
(4) the amount necessary to restore
all or a portion of the net aid reductions under section 127A.441 and to reduce
the property tax revenue recognition shift under section 123B.75, subdivision
5, paragraph (b), and Laws 2003, First Special Session chapter 9, article 5,
section 34, as amended by Laws 2003, First Special Session chapter 23, section
20, by the same amount;
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(5) to the state airports fund, the
amount necessary to restore the amount transferred from the state airports fund
under Laws 2008, chapter 363, article 11, section 3, subdivision 5; and
(6) to the fire safety account in
the special revenue fund, the amount necessary to restore transfers from the
account to the general fund made in Laws 2010.
(b) The amounts necessary to meet
the requirements of this section are appropriated from the general fund within
two weeks after the forecast is released or, in the case of transfers under
paragraph (a), clauses (3) and (4), as necessary to meet the appropriations
schedules otherwise established in statute.
(c) The commissioner of management
and budget shall certify the total dollar amount of the reductions under
paragraph (a), clauses (3) and (4), to the commissioner of education. The commissioner of education shall increase
the aid payment percentage and reduce the property tax shift percentage by these
amounts and apply those reductions to the current fiscal year and thereafter.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 2. Minnesota Statutes 2008, section 123B.12, is
amended to read:
123B.12 INSUFFICIENT FUNDS TO PAY ORDERS.
(a) In the event that a district or
a cooperative unit defined in section 123A.24, subdivision 2, has insufficient
funds to pay its usual lawful current obligations, subject to section 471.69,
the board may enter into agreements with banks or any person to take its
orders. Any order drawn, after having
been presented to the treasurer for payment and not paid for want of funds
shall be endorsed by the treasurer by putting on the back thereof the words
"not paid for want of funds," giving the date of endorsement and
signed by the treasurer. A record of
such presentment, nonpayment and endorsement shall be made by the
treasurer. The treasurer shall serve a written
notice upon the payee or the payee's assignee, personally, or by mail, when the
treasurer is prepared to pay such orders.
The notice may be directed to the payee or the payee's assignee at the
address given in writing by such payee or assignee to such treasurer, at any
time prior to the service of such notice.
No order shall draw any interest if such address is not given when the
same is unknown to the treasurer, and no order shall draw any interest after
the service of such notice.
(b) A district may enter, subject
to section 471.69, into a an unsecured line of credit agreement
with a financial institution. The amount
of credit available must not exceed 95 380 percent of average
expenditure per month of operating expenditures in the previous fiscal
year. Any amount advanced must be repaid
no later than 45 120 days after the day of advancement.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2008, section 123B.75, is
amended by adding a subdivision to read:
Subd. 1a. Definition. For the purpose of this section,
"school district tax settlement revenue" means the current,
delinquent, and manufactured home property tax receipts collected by the county
and distributed to the school district.
EFFECTIVE DATE. This section is effective the day following
final enactment and applies to fiscal years 2010 and later.
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Sec. 4. Minnesota Statutes 2008, section 123B.75,
subdivision 5, is amended to read:
Subd. 5. Levy
recognition. (a) "School
district tax settlement revenue" means the current, delinquent, and
manufactured home property tax receipts collected by the county and distributed
to the school district.
(b) For fiscal
year 2004 and later years 2009 and 2010, in June of each year,
the school district must recognize as revenue, in the fund for which the levy
was made, the lesser of:
(1) the sum of May, June, and July
school district tax settlement revenue received in that calendar year, plus
general education aid according to section 126C.13, subdivision 4, received in
July and August of that calendar year; or
(2) the sum of:
(i) 31 percent of the referendum
levy certified according to section 126C.17, in calendar year 2000; and
(ii) the entire amount of the levy
certified in the prior calendar year according to section 124D.86, subdivision
4, for school districts receiving revenue under sections 124D.86, subdivision
3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, paragraph (a), and
3, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48,
subdivision 6; plus
(iii) zero percent of the
amount of the levy certified in the prior calendar year for the school
district's general and community service funds, plus or minus auditor's
adjustments, not including the levy portions that are assumed by the state,
that remains after subtracting the referendum levy certified according to
section 126C.17 and the amount recognized according to item (ii).
(b) For fiscal year 2011 and
later years, in June of each year, the school district must recognize as
revenue, in the fund for which the levy was made, the lesser of:
(1) the sum of May, June,
and July school district tax settlement revenue received in that calendar year,
plus general education aid according to section 126C.13, subdivision 4,
received in July and August of that calendar year; or
(2) the sum of:
(i) the greater of 47.8
percent of the referendum levy certified according to section 126C.17, in the
prior calendar year or 31 percent of the referendum levy certified according to
section 126C.17, in calendar year 2000; plus
(ii) the entire amount of
the levy certified in the prior calendar year according to section 124D.86,
subdivision 4, for school districts receiving revenue under sections 124D.86,
subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, and 3,
paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48,
subdivision 6; plus
(iii) 47.8 percent of the
amount of the levy certified in the prior calendar year for the school
district's general and community service funds, plus or minus auditor's
adjustments, not including the levy portions that are assumed by the state,
that remains after subtracting the referendum levy certified according to
section 126C.17 and the amount recognized according to clause (ii).
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Sec. 5. Minnesota Statutes 2008, section 126C.54, is
amended to read:
126C.54 REPAYMENT; MATURITY DATE OF CERTIFICATES; INTEREST.
(a) The proceeds
of the current tax levies and future state aid receipts or other school funds
which may become available must be applied to the extent necessary to repay
such certificates and the full faith and credit of the district shall be
pledged to payment of the certificates.
Certificates issued in anticipation of receipt of aids shall mature not
later than the anticipated date of receipt of the aids as estimated by the
commissioner, but in no event later than three months after the close of the
school year in which issued.
Certificates issued in anticipation of receipt of taxes shall mature not
later than the anticipated date of receipt in full of the taxes, but in no
event later than three months after the close of the calendar year in which
issued. The certificates must be sold at
not less than par. The certificates must
bear interest after maturity until paid at the rate they bore before maturity
and any interest accruing before or after maturity must be paid from any
available school funds.
(b) Notwithstanding any
contrary provision in paragraph (a), if the certificates are issued as taxable
obligations on which the interest is includable in gross income for federal
income tax purposes, certificates issued in anticipation of receipt of aids
shall mature not later than 12 months after the close of the school year in
which issued and certificates issued in anticipation of receipt of taxes shall
mature not later than 12 months after the close of the calendar year in which
issued. Any certificate issued under
this section with a maturity in excess of 12 months must be repaid with money
from the general fund.
Sec. 6. Minnesota Statutes 2008, section 127A.42,
subdivision 2, is amended to read:
Subd. 2. Violations
of law. The commissioner may reduce
or withhold the district's state aid for any school year whenever the board of the
district authorizes or permits violations of law within the district by:
(1) employing a teacher who does not
hold a valid teaching license or permit in a public school;
(2) noncompliance with a mandatory
rule of general application promulgated by the commissioner in accordance with
statute, unless special circumstances make enforcement inequitable, impose an
extraordinary hardship on the district, or the rule is contrary to the
district's best interests;
(3) the district's continued
performance of a contract made for the rental of rooms or buildings for school
purposes or for the rental of any facility owned or operated by or under the
direction of any private organization, if the contract has been disapproved,
the time for review of the determination of disapproval has expired, and no
proceeding for review is pending;
(4) any practice which is a
violation of sections 1 and 2 of article 13 of the Constitution of the state of
Minnesota;
(5) failure to reasonably provide
for a resident pupil's school attendance under Minnesota Statutes;
(6) noncompliance with state laws
prohibiting discrimination because of race, color, creed, religion, national
origin, sex, age, marital status, status with regard to public assistance or
disability, as defined in sections 363A.08 to 363A.19 and 363A.28, subdivision
10; or
(7) using funds contrary to the
statutory purpose of the funds.
The
reduction or withholding must be made in the amount and upon the procedure
provided in this section, or, in the case of the violation stated in clause
(1), upon the procedure provided in section 127A.43.
EFFECTIVE DATE. This section is effective July 1,
2010.
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Sec. 7. Minnesota Statutes 2008, section 127A.43, is
amended to read:
127A.43 DISTRICT EMPLOYMENT OF UNLICENSED TEACHERS; AID REDUCTION.
When a district employs one or more
teachers who do not hold a valid teaching license, state aid shall be withheld
reduced in the proportion that the number of such teachers is to the total
number of teachers employed by the district, multiplied by 60 percent of the basic
revenue, as defined in section 126C.10, subdivision 2, of the district for the
year in which the employment occurred.
EFFECTIVE DATE. This section is effective July 1,
2010.
Sec. 8. Minnesota Statutes 2008, section 127A.441, is
amended to read:
127A.441 AID REDUCTION; LEVY REVENUE RECOGNITION CHANGE.
Each year, the state aids payable
to any school district for that fiscal year that are recognized as revenue in
the school district's general and community service funds shall be adjusted by
an amount equal to (1) the amount the district recognized as revenue for the
prior fiscal year pursuant to section 123B.75, subdivision 5, paragraph (a)
or (b), minus (2) the amount the district recognized as revenue for the
current fiscal year pursuant to section 123B.75, subdivision 5, paragraph (a)
or (b). For purposes of making the
aid adjustments under this section, the amount the district recognizes as
revenue for either the prior fiscal year or the current fiscal year pursuant to
section 123B.75, subdivision 5, paragraph (b), shall not include any amount
levied pursuant to section 124D.86, subdivision 4, for school districts
receiving revenue under sections 124D.86, subdivision 3, clauses (1), (2), and
(3); 126C.41, subdivisions 1, 2, and 3, paragraphs (b), (c), and (d); 126C.43,
subdivision 2; 126C.457; and 126C.48, subdivision 6. Payment from the permanent school fund shall
not be adjusted pursuant to this section.
The school district shall be notified of the amount of the adjustment
made to each payment pursuant to this section.
EFFECTIVE DATE. This section is effective the day
following final enactment and applies to fiscal years 2010 and later.
Sec. 9. Minnesota Statutes 2008, section 127A.45,
subdivision 2, is amended to read:
Subd. 2. Definitions. (a) The term "Other district
receipts" means payments by county treasurers pursuant to section 276.10,
apportionments from the school endowment fund pursuant to section 127A.33,
apportionments by the county auditor pursuant to section 127A.34, subdivision
2, and payments to school districts by the commissioner of revenue pursuant to
chapter 298.
(b) The term
"Cumulative amount guaranteed" means the product of
(1) the cumulative disbursement
percentage shown in subdivision 3; times
(2) the sum of
(i) the current year aid payment
percentage of the estimated aid and credit entitlements paid according to
subdivision 13; plus
(ii) 100 percent of the
entitlements paid according to subdivisions 11 and 12; plus
(iii) the other district receipts.
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(c) The term "Payment
date" means the date on which state payments to districts are made by the
electronic funds transfer method. If a
payment date falls on a Saturday, a Sunday, or a weekday which is a legal
holiday, the payment shall be made on the immediately preceding business
day. The commissioner may make payments
on dates other than those listed in subdivision 3, but only for portions of
payments from any preceding payment dates which could not be processed by the
electronic funds transfer method due to documented extenuating circumstances.
(d) The current year aid payment
percentage equals 90 73.
EFFECTIVE DATE. This section is effective the day
following final enactment and applies to fiscal years 2010 and later.
Sec. 10. Minnesota Statutes 2008, section 127A.45,
subdivision 3, is amended to read:
Subd. 3. Payment
dates and percentages. (a) For
fiscal year 2004 and later, The commissioner shall pay to a district on the
dates indicated an amount computed as follows:
the cumulative amount guaranteed minus the sum of (a) (1) the
district's other district receipts through the current payment, and (b) (2)
the aid and credit payments through the immediately preceding payment. For purposes of this computation, the payment
dates and the cumulative disbursement percentages are as follows:
Payment
date Percentage
Payment 1 July
15: 5.5
Payment 2 July
30: 8.0
Payment 3 August
15: 17.5
Payment 4 August
30: 20.0
Payment 5 September
15: 22.5
Payment 6 September
30: 25.0
Payment 7 October
15: 27.0
Payment 8 October
30: 30.0
Payment 9 November
15: 32.5
Payment 10 November
30: 36.5
Payment 11 December
15: 42.0
Payment 12 December
30: 45.0
Payment 13 January
15: 50.0
Payment 14 January
30: 54.0
Payment 15 February
15: 58.0
Payment 16 February
28: 63.0
Payment 17 March
15: 68.0
Payment 18 March
30: 74.0
Payment 19 April
15: 78.0
Payment 20 April
30: 85.0
Payment 21 May
15: 90.0
Payment 22 May
30: 95.0
Payment 23 June
20: 100.0
(b) In addition to the amounts paid under paragraph
(a), for fiscal year 2004, the commissioner shall pay to a district on the
dates indicated an amount computed as follows:
Payment 3 August
15: the final adjustment for the prior
fiscal year for the state paid property tax credits established in section 273.1392
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Payment 4 August
30: one-third of the final adjustment
for the prior fiscal year for all aid entitlements
except state paid property tax credits
Payment 6 September
30: one-third of the final adjustment for
the prior fiscal year for all aid entitlements
except state paid property tax credits
Payment 8 October
30: one-third of the final adjustment
for the prior fiscal year for all aid entitlements
except state paid property tax credits
(c) (b) In addition to the amounts paid under
paragraph (a), for fiscal year 2005 and later, the commissioner shall
pay to a district on the dates indicated an amount computed as follows:
Payment 3 August
15: the final adjustment for the prior fiscal
year for the state paid property tax credits
established in section 273.1392
Payment 4 August
30: 30 percent of the final adjustment
for the prior fiscal year for all aid entitlements
except state paid property tax credits
Payment 6 September
30: 40 percent of the final adjustment
for the prior fiscal year for all aid entitlements
except state paid property tax credits
Payment 8 October
30: 30 percent of the final adjustment
for the prior fiscal year for all aid entitlements
except state paid property tax credits
EFFECTIVE
DATE. This section is effective the day
following final enactment and applies to fiscal years 2010 and later.
Sec. 11.
Minnesota Statutes 2008, section 127A.45, is amended by adding a
subdivision to read:
Subd. 6a.
Cash flow adjustment. The board of directors of any charter
school serving fewer than 150 students where the percentage of students
eligible for special education services equals 100 percent of the charter
school's total enrollment may request that the commissioner of education
accelerate the school's cash flow under this section. The commissioner must approve a properly
submitted request within 30 days of its receipt. The commissioner must accelerate the school's
regular special education aid payments according to the schedule in the
school's request and modify the payments to the school under subdivision 3
accordingly. A school must not receive
current payments of regular special education aid exceeding 90 percent of its
estimated aid entitlement for the fiscal year.
The commissioner must delay the special education aid payments to all
other school districts and charter schools in proportion to each district or
charter school's total share of regular special education aid such that the
overall aid payment savings from the aid payment shift remains unchanged for
any fiscal year.
EFFECTIVE
DATE. This section is effective the day
following final enactment and applies to school district or charter school
payments made on or after that date.
Sec. 12. Minnesota
Statutes 2008, section 127A.45, is amended by adding a subdivision to read:
Subd. 7b.
Advance final payment. (a) Notwithstanding subdivisions 3 and
7, a school district or charter school exceeding its expenditure limitations
under section 123B.83 as of June 30 of the prior fiscal year may receive a
portion of its final payment for the current fiscal year on June 20, if
requested by the district or charter school.
The amount paid under this subdivision must not exceed the lesser of:
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(1) the difference between 90 percent and the current year payment
percentage in subdivision 2, paragraph (d), in the current fiscal year times
the sum of the district or charter school's general education aid plus the aid
adjustment in section 127A.50 for the current fiscal year; or
(2) the amount by which the district's or charter school's
net negative unreserved general fund balance as of June 30 of the prior
fiscal year exceeds 2.5 percent of the district or charter school's
expenditures for that fiscal year.
(b) The state total advance final payment under this
subdivision for any year must not exceed $7,500,000. If the amount request exceeds $7,500,000, the
advance final payment for each eligible district must be reduced
proportionately.
EFFECTIVE
DATE. This section is effective the day
following final enactment and applies to fiscal years 2010 and later.
Sec. 13.
Minnesota Statutes 2008, section 127A.45, subdivision 13, is amended to
read:
Subd. 13. Aid payment percentage. Except as provided in subdivisions 11,
12, 12a, and 14, each fiscal year, all education aids and credits in this
chapter and chapters 120A, 120B, 121A, 122A, 123A, 123B, 124D, 125A, 125B,
126C, 134, and section 273.1392, shall be paid at the current year aid payment
percentage of the estimated entitlement during the fiscal year of the
entitlement. For the purposes of this
subdivision, a district's estimated entitlement for special education excess
cost aid under section 125A.79 for fiscal year 2005 equals 70 percent of the
district's entitlement for the second prior fiscal year. For the purposes of this subdivision, a
district's estimated entitlement for special education excess cost aid under
section 125A.79 for fiscal year 2006 and later equals 74.0 percent of the
district's entitlement for the current fiscal year. The final adjustment payment, according to
subdivision 9, must be the amount of the actual entitlement, after adjustment
for actual data, minus the payments made during the fiscal year of the
entitlement.
Sec. 14.
Minnesota Statutes 2008, section 127A.45, is amended by adding a
subdivision to read:
Subd. 17.
Payment to creditors. Except where otherwise specifically
authorized, state education aid payments shall be made only to the school
district, charter school, or other education organization earning state aid
revenues as a result of providing education services.
Sec. 15. FUND TRANSFERS.
Subdivision 1.
Fiscal years 2010 and 2011
only. (a) Notwithstanding
Minnesota Statutes, section 123B.80, subdivision 3, for fiscal years 2010 and
2011 only, the commissioner must approve a request for a fund transfer if the
transfer does not increase state aid obligations to the district or result in
additional property tax authority for the district. This section does not permit transfers from
the community service fund.
(b) A school board may approve a fund transfer under
paragraph (a) only after adopting a resolution stating the fund transfer will
not diminish instructional opportunities for students.
Subd. 2.
Hayfield. Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, on June 30, 2010, Independent School District
No. 203, Hayfield, may permanently transfer up to $75,000 from its
reserved for operating capital account to its undesignated general fund
balance.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
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Sec. 16. REPEALER.
Minnesota Statutes 2008, section 127A.46, is repealed.
EFFECTIVE
DATE. This section is effective July 1,
2010.
ARTICLE 6
STATE AGENCIES
Section 1. Minnesota
Statutes 2008, section 3.303, is amended by adding a subdivision to read:
Subd. 11.
Permanent school fund land
management analyst. The
commission shall undertake activities that are necessary to advise the
legislature and to monitor the executive branch on issues related to the
management of permanent school fund lands.
The commission may hire a lead analyst and other staff as necessary for
this purpose. The commission shall:
(1) monitor management of permanent school fund lands;
(2) analyze the benefits derived from the fund;
(3) actively participate in the work of the permanent school
fund advisory committee under section 127A.30;
(4) provide oversight to ensure that the state fulfills its
fiduciary responsibilities to the permanent school fund as specified by the
Minnesota Constitution and Minnesota Statutes; and
(5) make effective recommendations to the permanent school
fund advisory committee and the finance divisions and committees of the house
of representatives and the senate.
The purpose of this function is to maximize the long-term
economic returns to the school trust lands consistent with the goals of section
127A.31.
EFFECTIVE
DATE. This section is effective July 1,
2011.
Sec. 2. Minnesota
Statutes 2008, section 16A.125, subdivision 5, is amended to read:
Subd. 5. Forest trust lands. (a) The term "state forest trust
fund lands" as used in this subdivision, means public land in trust under
the Constitution set apart as "forest lands under the authority of the
commissioner" of natural resources as defined by section 89.001,
subdivision 13.
(b) The commissioner of management and budget shall credit
the revenue from the forest trust fund lands to the forest suspense
account. The account must specify the
trust funds interested in the lands and the respective receipts of the lands.
(c) After a fiscal year, the commissioner of management and
budget shall certify the total costs incurred for forestry during that year
under appropriations for the protection, improvement, administration, and
management of state forest trust fund lands and construction and improvement of
forest roads to enhance the forest value of the lands. The certificate must specify the trust funds
interested in the lands. The
commissioner of natural resources shall supply the commissioner of management
and budget with the information needed for the certificate.
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(d) After a fiscal year, the commissioner shall distribute
the receipts credited to the suspense account during that fiscal year as
follows:
(1) the amount of the certified costs incurred by the state
for forest management, forest improvement, and road improvement during the
fiscal year shall be transferred to the forest management investment account
established under section 89.039, including the costs associated with the
Legislative Coordinating Commission's permanent school fund land management
activities;
(2) the balance of the certified costs incurred by the state
during the fiscal year shall be transferred to the general fund; and
(3) the balance of the receipts shall then be returned
prorated to the trust funds in proportion to their respective interests in the
lands which produced the receipts.
EFFECTIVE
DATE. This section is effective July 1,
2011.
Sec. 3. Minnesota
Statutes 2008, section 127A.30, subdivision 2, is amended to read:
Subd. 2. Duties.
The advisory committee, in conjunction with the Legislative
Coordinating Commission, shall review the policies of the Department of
Natural Resources and current statutes on management of school trust fund lands
at least annually and shall recommend necessary changes in statutes, policy,
and implementation in order to ensure provident utilization of the permanent
school fund lands. By January 15 of each
year, the advisory committee shall submit a report to the legislature with
recommendations for the oversight and management of school trust lands
to secure long-term economic return for the permanent school fund, consistent
with sections 92.121 and 127A.31. The
committee's annual report may include recommendations to:
(1) manage the school trust lands efficiently;
(2) reduce the management expenditures of school trust lands
and maximize the revenues deposited in the permanent school trust fund;
(3) manage the sale, exchange, and commercial leasing of
school trust lands to maximize the revenues deposited in the permanent school
trust fund and retain the value from the long-term appreciation of the school
trust lands; and
(4) manage the school trust lands to maximize the long-term
economic return for the permanent school trust fund while maintaining sound
natural resource conservation and management principles.
EFFECTIVE
DATE. This section is effective July 1,
2011.
Sec. 4. DEPARTMENT OF EDUCATION; APPROPRIATIONS.
(a) The appropriation to the Department of Education under
Laws 2009, chapter 96, article 7, section 3, subdivision 2, is reduced by
$250,000 in fiscal year 2010 and by $487,000 in fiscal year 2011.
(b) $24,000 in fiscal year 2010 and $23,000 in fiscal year
2011 are transferred from the department's special revenue fund to the general
fund.
(c) The base appropriation for the Department of Education
for fiscal year 2012 and later is $18,983,000.
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(d) The appropriations for fiscal year 2011 under Laws 2009,
chapter 96, article 7, section 3, subdivision 2, paragraphs (b) and (g), are
reduced by $4,000 for the Minnesota Children's Museum and by $1,000 for the
Duluth Children's Museum respectively.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 5. PERPICH CENTER FOR ARTS EDUCATION;
APPROPRIATION.
$19,000 in fiscal year 2010 and $11,000 in fiscal year 2011
are transferred from the Perpich Center's special revenue fund to the general
fund.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
ARTICLE 7
PUPIL TRANSPORTATION
Section 1. Minnesota
Statutes 2008, section 123B.88, subdivision 13, is amended to read:
Subd. 13. Area learning center pupils; transport
between buildings. Districts may
provide bus transportation between buildings along school bus routes
when space is available, for pupils attending programs at an area learning
center. The transportation is only
permitted between schools and if it does not increase the district's
expenditures for transportation. The
cost of these services shall be considered part of the authorized cost for
nonregular transportation for the purpose of section 123B.92.
Sec. 2. Minnesota
Statutes 2008, section 123B.90, subdivision 3, is amended to read:
Subd. 3. Model training program. The commissioner shall develop and
maintain a comprehensive model list of school bus safety
training program instructional materials for pupils who ride the
bus that includes bus safety curriculum for both classroom and practical
instruction and age-appropriate instructional materials.
EFFECTIVE
DATE. This section is effective July 1,
2010.
Sec. 3. Minnesota
Statutes 2009 Supplement, section 123B.92, subdivision 1, is amended to read:
Subdivision 1. Definitions. For purposes of this section and section
125A.76, the terms defined in this subdivision have the meanings given to them.
(a) "Actual expenditure per pupil transported in the
regular and excess transportation categories" means the quotient obtained
by dividing:
(1) the sum of:
(i) all expenditures for transportation in the regular
category, as defined in paragraph (b), clause (1), and the excess category, as
defined in paragraph (b), clause (2), plus
(ii) an amount equal to one year's depreciation on the
district's school bus fleet and mobile units computed on a straight line basis
at the rate of 15 percent per year for districts operating a program under
section 124D.128 for grades 1 to 12 for all students in the district and 12-1/2
percent per year for other districts of the cost of the fleet, plus
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(iii) an amount equal to one year's depreciation on the
district's type III vehicles, as defined in section 169.011, subdivision 71,
which must be used a majority of the time for pupil transportation purposes,
computed on a straight line basis at the rate of 20 percent per year of the
cost of the type three school buses by:
(2) the number of pupils eligible for transportation in the
regular category, as defined in paragraph (b), clause (1), and the excess category,
as defined in paragraph (b), clause (2).
(b) "Transportation category" means a category of
transportation service provided to pupils as follows:
(1) Regular transportation is:
(i) transportation to and from school during the regular
school year for resident elementary pupils residing one mile or more from the
public or nonpublic school they attend, and resident secondary pupils residing
two miles or more from the public or nonpublic school they attend, excluding
desegregation transportation and noon kindergarten transportation; but with
respect to transportation of pupils to and from nonpublic schools, only to the
extent permitted by sections 123B.84 to 123B.87;
(ii) transportation of resident pupils to and from language
immersion programs;
(iii) transportation of a pupil who is a custodial parent and
that pupil's child between the pupil's home and the child care provider and
between the provider and the school, if the home and provider are within the
attendance area of the school;
(iv) transportation to and from or board and lodging in
another district, of resident pupils of a district without a secondary school;
and
(v) transportation to and from school during the regular
school year required under subdivision 3 for nonresident elementary pupils when
the distance from the attendance area border to the public school is one mile
or more, and for nonresident secondary pupils when the distance from the
attendance area border to the public school is two miles or more, excluding
desegregation transportation and noon kindergarten transportation.
For the purposes of this paragraph, a district may designate
a licensed day care facility, school day care facility, respite care facility,
the residence of a relative, or the residence of a person chosen by the
pupil's parent or guardian, or an after-school program for children operated
by a political subdivision of the state, as the home of a pupil for part or
all of the day, if requested by the pupil's parent or guardian, and if that
facility or, residence, or program is within the
attendance area of the school the pupil attends.
(2) Excess transportation is:
(i) transportation to and from school during the regular
school year for resident secondary pupils residing at least one mile but less
than two miles from the public or nonpublic school they attend, and
transportation to and from school for resident pupils residing less than one
mile from school who are transported because of extraordinary traffic, drug, or
crime hazards; and
(ii) transportation to and from school during the regular
school year required under subdivision 3 for nonresident secondary pupils when
the distance from the attendance area border to the school is at least one mile
but less than two miles from the public school they attend, and for nonresident
pupils when the distance from the attendance area border to the school is less
than one mile from the school and who are transported because of extraordinary
traffic, drug, or crime hazards.
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(3) Desegregation transportation is transportation within and
outside of the district during the regular school year of pupils to and from
schools located outside their normal attendance areas under a plan for
desegregation mandated by the commissioner or under court order.
(4) "Transportation services for pupils with
disabilities" is:
(i) transportation of pupils with disabilities who cannot be
transported on a regular school bus between home or a respite care facility and
school;
(ii) necessary transportation of pupils with disabilities
from home or from school to other buildings, including centers such as
developmental achievement centers, hospitals, and treatment centers where
special instruction or services required by sections 125A.03 to 125A.24,
125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
where services are provided;
(iii) necessary transportation for resident pupils with
disabilities required by sections 125A.12, and 125A.26 to 125A.48;
(iv) board and lodging for pupils with disabilities in a
district maintaining special classes;
(v) transportation from one educational facility to another
within the district for resident pupils enrolled on a shared-time basis in
educational programs, and necessary transportation required by sections
125A.18, and 125A.26 to 125A.48, for resident pupils with disabilities who are
provided special instruction and services on a shared-time basis or if resident
pupils are not transported, the costs of necessary travel between public and
private schools or neutral instructional sites by essential personnel employed
by the district's program for children with a disability;
(vi) transportation for resident pupils with disabilities to
and from board and lodging facilities when the pupil is boarded and lodged for
educational purposes; and
(vii) transportation of pupils for a curricular field trip
activity on a school bus equipped with a power lift when the power lift is
required by a student's disability or section 504 plan; and
(viii) services described in clauses (i) to (vi)
(vii), when provided for pupils with disabilities in conjunction with a
summer instructional program that relates to the pupil's individual education
plan or in conjunction with a learning year program established under section
124D.128.
For purposes of computing special education initial aid under
section 125A.76, subdivision 2, the cost of providing transportation for
children with disabilities includes (A) the additional cost of transporting a
homeless student from a temporary nonshelter home in another district to the
school of origin, or a formerly homeless student from a permanent home in
another district to the school of origin but only through the end of the
academic year; and (B) depreciation on district-owned school buses purchased
after July 1, 2005, and used primarily for transportation of pupils with
disabilities, calculated according to paragraph (a), clauses (ii) and
(iii). Depreciation costs included in
the disabled transportation category must be excluded in calculating the actual
expenditure per pupil transported in the regular and excess transportation
categories according to paragraph (a).
(5) "Nonpublic nonregular transportation" is:
(i) transportation from one educational facility to another
within the district for resident pupils enrolled on a shared-time basis in
educational programs, excluding transportation for nonpublic pupils with
disabilities under clause (4);
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(ii) transportation within
district boundaries between a nonpublic school and a public school or a neutral
site for nonpublic school pupils who are provided pupil support services
pursuant to section 123B.44; and
(iii) late transportation
home from school or between schools within a district for nonpublic school
pupils involved in after-school activities.
(c) "Mobile unit"
means a vehicle or trailer designed to provide facilities for educational
programs and services, including diagnostic testing, guidance and counseling
services, and health services. A mobile
unit located off nonpublic school premises is a neutral site as defined in
section 123B.41, subdivision 13.
EFFECTIVE DATE. This section is effective for revenue for fiscal
years 2011 and later.
Sec. 4. Minnesota Statutes 2008, section 123B.92,
subdivision 5, is amended to read:
Subd. 5. District
reports. (a) Each district must
report data to the department as required by the department to account for
transportation expenditures.
(b) Salaries and fringe
benefits of district employees whose primary duties are other than
transportation, including central office administrators and staff, building
administrators and staff, teachers, social workers, school nurses, and
instructional aides, must not be included in a district's transportation
expenditures, except that a district may include salaries and benefits according
to paragraph (c) for (1) an employee designated as the district transportation
director, (2) an employee providing direct support to the transportation
director, or (3) an employee providing direct transportation services such as a
bus driver or bus aide.
(c) Salaries and fringe
benefits of the district employees listed in paragraph (b), clauses (1), (2),
and (3), who work part time in transportation and part time in other areas must
not be included in a district's transportation expenditures unless the district
maintains documentation of the employee's time spent on pupil transportation
matters in the form and manner prescribed by the department.
(d) Pupil transportation
expenditures, excluding expenditures for capital outlay, leased buses, student
board and lodging, crossing guards, and aides on buses, must be allocated among
transportation categories based on cost-per-mile, cost-per-student,
cost-per-hour, or cost-per-route, regardless of whether the transportation
services are provided on district-owned or contractor-owned school buses. Expenditures for school bus driver salaries
and fringe benefits may either be directly charged to the appropriate
transportation category or may be allocated among transportation categories
based on cost-per-mile, cost-per-student, cost-per-hour, or
cost-per-route. Expenditures by private
contractors or individuals who provide transportation exclusively in one
transportation category must be charged directly to the appropriate transportation
category. Transportation services
provided by contractor-owned school bus companies incorporated under different
names but owned by the same individual or group of individuals must be treated
as the same company for cost allocation purposes.
(e) Notwithstanding
paragraph (d), districts contracting for transportation services are exempt
from the standard cost allocation method for authorized and nonauthorized
transportation categories if: (1) the
district bids its contracts separately for authorized and nonauthorized
transportation categories and for special transportation separate from regular
and excess transportation; (2) the district receives bids or quotes from more
than one vendor for these transportation categories; and (3) the district's
cost-per-mile, cost-per-hour, or cost-per-route does not vary more than ten
percent among categories, excluding salaries and fringe benefits of bus
aides. If the costs reported by the
district for contractor-owned operations vary by more than ten percent among
categories, the department shall require the district to reallocate its
transportation costs, excluding salaries and fringe benefits of bus aides,
among all categories.
EFFECTIVE DATE. This section is effective for revenue for fiscal
years 2011 and later.
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Sec. 5. Minnesota
Statutes 2008, section 169.447, subdivision 2a, is amended to read:
Subd. 2a. Passenger lap and shoulder belts. (a) In addition to the requirements in
section 169.4501, subdivision 1,:
(1) a school bus may be equipped with an approved lap
belt or an approved lap and shoulder belt installed for each passenger-seating
position on the bus; and
(2) a school motor coach manufactured after July 1, 2012,
must be equipped with an approved lap belt or an approved lap and shoulder belt
installed for each passenger-seating position.
(b) The design and installation of lap belts and lap and
shoulder belts required under this paragraph (a) must meet the
standards of the commissioner established under this paragraph (b).
(b) The commissioner shall consider all concerns
necessary to properly integrate lap belts or lap and shoulder belts into the
current compartmentalization safety system and prescribe standards for the
design and installation of lap and shoulder belts required under paragraph
(a). The standards are not subject to
chapter 14 and are specifically not subject to section 14.386.
(c) This subdivision does not apply to specially equipped
school buses under section 169.4504.
(d) A passenger on a school bus or school motor coach
equipped with lap belts or lap and shoulder belts must use these lap belts or
lap and shoulder belts unless the passenger, or if the passenger is a minor,
the passenger's parent or guardian, has notified the school district in writing
that the passenger does not intend to wear the lap belt or lap and shoulder
belt.
(e) In an action for personal injury or wrongful death
against a school district, a school bus or school motor coach operator
under contract with a school district, or any agent or employee of a school
district or operator, or against a volunteer, no such person or entity shall be
held liable solely because the injured party was not wearing a safety belt;
provided, however, that nothing contained herein shall be construed to grant
immunity from liability for failure to:
(1) maintain in operating order any equipment required by
statute, rule, or school district policy; or
(2) comply with an applicable statute, rule, or school
district policy.
(f) In an action for personal injury or wrongful death, a
school district, a school bus or school motor coach contract operator, any
agent or employee of a school district or operator, or a volunteer is not
liable for failing to assist any child with the adjustment, fastening,
unfastening, or other use of the lap belt or lap and shoulder belt.
(g) For purposes of this subdivision, "school motor
coach" means a bus that has an elevated passenger deck located over a
baggage compartment, when the vehicle is used to transport pupils to or from
school-related activities, by (1) the school or (2) someone under an agreement
with the school or a school district, including operation under charter carrier
authority.
EFFECTIVE
DATE. This section is effective July 1,
2012.
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Sec. 6. Minnesota
Statutes 2008, section 169.4503, is amended by adding a subdivision to read:
Subd. 28.
Crossing control arm. All buses manufactured for use in
Minnesota after January 1, 2013, shall be equipped with a crossing control arm
mounted at the right front corner of the bumper. The crossing control arm shall be
automatically activated whenever the bus is stopped with the flashing red
signals in use.
Sec. 7. Minnesota
Statutes 2009 Supplement, section 171.02, subdivision 2b, is amended to read:
Subd. 2b. Exception for type III vehicle
drivers. (a) Notwithstanding
subdivision 2, the holder of a class A, B, C, or D driver's license, without a
school bus endorsement, may operate a type III vehicle described in section
169.011, subdivision 71, paragraph (h), under the conditions in paragraphs (b)
through (o).
(b) The operator is an employee of the entity that owns,
leases, or contracts for the school bus.
(c) The operator's employer has adopted and implemented a policy
that provides for annual training and certification of the operator in:
(1) safe operation of a type III vehicle;
(2) understanding student behavior, including issues relating
to students with disabilities;
(3) encouraging orderly conduct of students on the bus and
handling incidents of misconduct appropriately;
(4) knowing and understanding relevant laws, rules of the
road, and local school bus safety policies;
(5) handling emergency situations;
(6) proper use of seat belts and child safety restraints;
(7) performance of pretrip vehicle inspections;
(8) safe loading and unloading of students, including, but
not limited to:
(i) utilizing a safe location for loading and unloading
students at the curb, on the nontraffic side of the roadway, or at off-street
loading areas, driveways, yards, and other areas to enable the student to avoid
hazardous conditions;
(ii) refraining from loading and unloading students in a
vehicular traffic lane, on the shoulder, in a designated turn lane, or a lane
adjacent to a designated turn lane;
(iii) avoiding a loading or unloading location that would
require a pupil to cross a road, or ensuring that the driver or an aide
personally escort the pupil across the road if it is not reasonably feasible to
avoid such a location; and
(iv) placing the type III vehicle in "park" during
loading and unloading; and
(v) escorting a pupil across the road under clause (iii) only
after the motor is stopped, the ignition key is removed, the brakes are set,
and the vehicle is otherwise rendered immobile; and
(9) compliance with paragraph (k), concerning reporting
certain convictions to the employer within ten days of the date of conviction.
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(d) A background check or background investigation of the
operator has been conducted that meets the requirements under section 122A.18,
subdivision 8, or 123B.03 for school district employees; section 144.057 or
chapter 245C for day care employees; or section 171.321, subdivision 3, for all
other persons operating a type A or type III vehicle under this subdivision.
(e) Operators shall submit to a physical examination as
required by section 171.321, subdivision 2.
(f) The operator's employer requires preemployment drug and
alcohol testing of applicants for operator positions. Current operators must
comply with the employer's policy under section 181.951, subdivisions 2, 4, and
5. Notwithstanding any law to
the contrary, the operator's employer may use a Breathalyzer or similar device
to fulfill random or reasonable suspicion alcohol testing requirements.
(g) The operator's driver's license is verified annually by
the entity that owns, leases, or contracts for the school bus type
III vehicle as required under section 171.321, subdivision 5.
(h) A person who sustains a conviction, as defined under
section 609.02, of violating section 169A.25, 169A.26, 169A.27, or 169A.31, or
whose driver's license is revoked under sections 169A.50 to 169A.53 of the
implied consent law, or who is convicted of violating or whose driver's license
is revoked under a similar statute or ordinance of another state, is precluded
from operating a type III vehicle for five years from the date of conviction.
(i) A person who has ever been convicted of a disqualifying
offense as defined in section 171.3215, subdivision 1, paragraph (c), may
not operate a type III vehicle under this subdivision.
(j) A person who sustains a conviction, as defined under
section 609.02, of a moving offense in violation of chapter 169 within three
years of the first of three other moving offenses is precluded from operating a
type III vehicle for one year from the date of the last conviction.
(k) An operator who sustains a conviction as described in
paragraph (h), (i), or (j) while employed by the entity that owns, leases, or
contracts for the school bus, shall report the conviction to the employer
within ten days of the date of the conviction.
(l) Students riding the type III vehicle must have training
required under section 123B.90, subdivision 2.
(m) Documentation of meeting the requirements listed in this
subdivision must be maintained under separate file at the business location for
each type III vehicle operator. The
business manager, school board, governing body of a nonpublic school, or any
other entity that owns, leases, or contracts for the type III vehicle operating
under this subdivision is responsible for maintaining these files for
inspection.
(n) The type III vehicle must bear a current certificate of
inspection issued under section 169.451.
(o) An employee of a school or of a school district, who is
not employed for the sole purpose of operating a type III vehicle, is
exempt from paragraphs (e) and (f).
(p) Notwithstanding any law to the contrary, any person who
conducts testing under paragraph (f) is exempt from section 181.953,
subdivisions 9 and 10, paragraph (b).
EFFECTIVE
DATE. This section is effective July 1,
2010.
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Sec. 8. Minnesota
Statutes 2008, section 171.321, subdivision 2, is amended to read:
Subd. 2. Rules.
(a) The commissioner of public safety shall prescribe rules
governing (1) the physical qualifications of school bus drivers and
tests required to obtain a school bus endorsement and (2) the physical
qualifications of type III vehicle drivers.
The rules for physical qualifications of type III vehicle drivers are
not subject to chapter 14 and section 14.386 does not apply.
(b) The rules under paragraph (a) must provide that
an applicant for a school bus endorsement or renewal is exempt from the
physical qualifications and medical examination required to operate a school
bus upon providing evidence of being medically examined and certified within
the preceding 24 months as physically qualified to operate a commercial motor
vehicle, pursuant to Code of Federal Regulations, title 49, part 391, subpart
E, or rules of the commissioner of transportation incorporating those federal
regulations. The commissioner shall
accept physical examinations for school bus drivers conducted by medical
examiners authorized as provided by Code of Federal Regulations, title 49,
chapter 3, part 391, subpart E.
(b) (c) The commissioner of public safety,
in conjunction with the commissioner of education, shall adopt rules
prescribing a training program for Head Start bus drivers. The program must provide for initial
classroom and behind-the-wheel training, and annual in-service training. The program must provide training in defensive
driving, human relations, emergency and accident procedures, vehicle
maintenance, traffic laws, and use of safety equipment. The program must provide that the training
will be conducted by the contract operator for a Head Start agency, the Head
Start grantee, a licensed driver training school, or by another person or
entity approved by both commissioners.
(d) The commissioner may exempt a type III vehicle driver
from the physical qualifications required to operate a type III vehicle upon
receiving evidence of the driver having been medically examined and certified
within the preceding 24 months as physically qualified to operate a commercial
motor vehicle as provided for applicants for a school bus endorsement under
paragraph (b).
ARTICLE 8
EDUCATION FINANCE REFORM
Section 1. Minnesota
Statutes 2008, section 123B.53, subdivision 5, is amended to read:
Subd. 5. Equalized debt service levy. (a) The equalized debt service levy of a
district equals the sum of the first tier equalized debt service levy and the
second tier equalized debt service levy.
(b) A district's first tier equalized debt service levy
equals the district's first tier debt service equalization revenue times the
lesser of one or the ratio of:
(1) the quotient derived by dividing the adjusted net tax
capacity of the district for the year before the year the levy is certified by
the adjusted pupil units in the district for the school year ending in the year
prior to the year the levy is certified; to
(2) $3,200 100 percent of the statewide adjusted
net tax capacity equalizing factor.
(c) A district's second tier equalized debt service levy
equals the district's second tier debt service equalization revenue times the
lesser of one or the ratio of:
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(1) the quotient derived by dividing the adjusted net tax
capacity of the district for the year before the year the levy is certified by
the adjusted pupil units in the district for the school year ending in the year
prior to the year the levy is certified; to
(2) $8,000 200 percent of the statewide adjusted
net tax capacity equalizing factor.
EFFECTIVE
DATE. This section is effective for taxes
payable in 2013 and later.
Sec. 2. [123B.555] SCHOOL BOND AGRICULTURAL
CREDIT.
Subdivision 1.
Eligibility. All class 2a, 2b, and 2c property
under section 273.13, subdivision 23, except for property consisting of the
house, garage, and immediately surrounding one acre of land of an agricultural
homestead, is eligible to receive the credit under this section.
Subd. 2.
Credit amount. For each qualifying property, the
school bond agricultural credit is equal to 66 percent of the property's
eligible net tax capacity multiplied by the school debt tax rate determined
under section 275.08, subdivision 1b.
Subd. 3.
Credit reimbursements. The county auditor shall determine the
tax reductions allowed under this section within the county for each taxes
payable year and shall certify that amount to the commissioner of revenue as a
part of the abstracts of tax lists submitted under section 275.29. Any prior year adjustments shall also be
certified on the abstracts of tax lists.
The commissioner shall review the certifications for accuracy, and may
make such changes as are deemed necessary, or return the certification to the
county auditor for correction. The
credit under this section must be used to reduce the school district net tax
capacity-based property tax as provided in section 273.1393.
Subd. 4.
Payment. The commissioner of revenue shall
certify the total of the tax reductions granted under this section for each
taxes payable year within each school district to the commissioner of
education, who shall pay the reimbursement amounts to each school district as
provided in section 273.1392.
EFFECTIVE
DATE. This section is effective for taxes
payable in 2013 and later.
Sec. 3. Minnesota
Statutes 2008, section 124D.4531, as amended by Laws 2009, chapter 88, article
2, section 1, is amended to read:
124D.4531
CAREER AND TECHNICAL LEVY AID.
Subdivision 1. Career and technical levy aid. (a) A district with a career and
technical program approved under this section for the fiscal year in which
the levy is certified may levy an amount is eligible for aid equal
to the lesser of:
(1) $80 $240 times the district's average daily
membership in grades 10 through 12 for the current fiscal year in
which the levy is certified; or
(2) 25 percent of approved expenditures in the previous fiscal
year in which the levy is certified for the following:
(i) salaries paid to essential, licensed personnel providing direct
instructional services to students in that fiscal year for services rendered in
the district's approved career and technical education programs;
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(ii) contracted services
provided by a public or private agency other than a Minnesota school district
or cooperative center under subdivision 7;
(iii) necessary travel
between instructional sites by licensed career and technical education
personnel;
(iv) necessary travel by
licensed career and technical education personnel for vocational student
organization activities held within the state for instructional purposes;
(v) curriculum development
activities that are part of a five-year plan for improvement based on program
assessment;
(vi) necessary travel by
licensed career and technical education personnel for noncollegiate
credit-bearing professional development; and
(vii) specialized vocational
instructional supplies.
(b) Up to ten percent of a
district's career and technical levy aid may be spent on
equipment purchases. Districts using the
career and technical levy aid for equipment purchases must report
to the department on the improved learning opportunities for students that
result from the investment in equipment.
(c) The district must
recognize the full amount of this levy as revenue for the fiscal year in which
it is certified.
Subd. 2. Allocation
from cooperative centers and intermediate districts. For purposes of this section, a
cooperative center or an intermediate district must allocate its approved
expenditures for career and technical education programs among participating
districts.
Subd. 3. Levy
Aid guarantee. Notwithstanding
subdivision 1, the career and technical education levy aid for a
district is not less than the lesser of:
(1) the district's career
and technical education levy authority revenue for the previous
fiscal year; or
(2) 100 percent of the
approved expenditures for career and technical programs included in subdivision
1, paragraph (b), for the prior fiscal year in which the levy is
certified.
Subd. 4. District
reports. Each district or
cooperative center must report data to the department for all career and
technical education programs as required by the department to implement the
career and technical levy formula.
Subd. 5. Allocation
from districts participating in agreements for secondary education or interdistrict
cooperation. For purposes of this
section, a district with a career and technical program approved under this
section that participates in an agreement under section 123A.30 or 123A.32 must
allocate its levy authority under this section among participating districts.
EFFECTIVE DATE. This section is effective for aid payments for
fiscal year 2014 and thereafter.
Sec. 4. Minnesota Statutes 2008, section 124D.59,
subdivision 2, is amended to read:
Subd. 2. Pupil
of limited English proficiency. (a)
"Pupil of limited English proficiency" means a pupil in kindergarten
through grade 12 who meets the following requirements:
(1) the pupil, as declared
by a parent or guardian first learned a language other than English, comes from
a home where the language usually spoken is other than English, or usually
speaks a language other than English; and
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(2) the pupil is determined by developmentally appropriate
measures, which might include observations, teacher judgment, parent
recommendations, or developmentally appropriate assessment instruments, to lack
the necessary English skills to participate fully in classes taught in English.
(b) Notwithstanding paragraph (a), a pupil in grades 4 through
12 who was enrolled in a Minnesota public school on the dates during the
previous school year when a commissioner provided assessment that measures the
pupil's emerging academic English was administered, shall not be counted as a
pupil of limited English proficiency in calculating limited English proficiency
pupil units under section 126C.05, subdivision 17, and shall not generate state
limited English proficiency aid under section 124D.65, subdivision 5, unless
the pupil scored below the state cutoff score on an assessment measuring
emerging academic English provided by the commissioner during the previous
school year.
(c) Notwithstanding paragraphs (a) and (b), a pupil in
kindergarten through grade 12 shall not be counted as a pupil of limited
English proficiency in calculating limited English proficiency pupil units
under section 126C.05, subdivision 17, and shall not generate state limited
English proficiency aid under section 124D.65, subdivision 5, if:
(1) the pupil is not enrolled during the current fiscal
year in an educational program for pupils of limited English proficiency in
accordance with sections 124D.58 to 124D.64; or.
(2) the pupil has generated five or more years of average
daily membership in Minnesota public schools since July 1, 1996.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.
Sec. 5. Minnesota Statutes
2008, section 124D.65, subdivision 5, is amended to read:
Subd. 5. School district LEP revenue. (a) A district's limited English
proficiency programs revenue equals the product of: (1) $700 in fiscal year 2004 and later
times .2; (2) the basic formula allowance for that year; and (3) the
greater of 20 or the adjusted marginal cost average daily membership of
eligible pupils of limited English proficiency enrolled in the district during
the current fiscal year.
(b) A pupil ceases to generate state limited English
proficiency aid in the school year following the school year in which the pupil
attains the state cutoff score on a commissioner-provided assessment that
measures the pupil's emerging academic English.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.
Sec. 6. Minnesota
Statutes 2008, section 125A.76, subdivision 5, is amended to read:
Subd. 5. School district special education aid. A school district's special education aid
for fiscal year 2008 and later equals the state total special
education aid times the ratio of the district's its initial special
education aid to the state total initial special education aid.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.
Sec. 7. Minnesota
Statutes 2008, section 125A.79, subdivision 7, is amended to read:
Subd. 7. District special education excess cost
aid. A district's special education
excess cost aid for fiscal year 2002 and later equals the state total
special education excess cost aid times the ratio of the district's its
initial excess cost aid to the state total initial excess cost aid.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.
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Sec. 8. Minnesota Statutes 2008, section 126C.01, is
amended by adding a subdivision to read:
Subd. 2a. Adjusted
net tax capacity equalizing factor. The
adjusted net tax capacity equalizing factor equals the quotient derived by
dividing the total adjusted net tax capacity of all school districts in the
state for the year before the year the levy is certified by the total number of
adjusted pupil units in the state for the current school year.
EFFECTIVE DATE. This section is effective for taxes payable in 2013
and later.
Sec. 9. Minnesota Statutes 2008, section 126C.01, is
amended by adding a subdivision to read:
Subd. 3a. Referendum
market value equalizing factor. The
referendum market value equalizing factor equals the quotient derived by
dividing the total referendum market value of all school districts in the state
for the year before the year the levy is certified by the total number of
resident pupil units in the state for the current school year.
EFFECTIVE DATE. This section is effective for taxes payable in 2013.
Sec. 10. Minnesota Statutes 2008, section 126C.01, is
amended by adding a subdivision to read:
Subd. 5a. Location
equity index. (a) A school
district's location equity index equals each district's composite wage level
divided by the statewide average wage for the same period. The composite wage level for a school
district equals the sum of 50 percent of the district's county wage level and
50 percent of the district's economic development region composite wage
level. The composite wage level is
computed by using the most recent three-year weighted wage data.
(b) A school district's
location equity index must not be less than .9 or greater than 1.05.
(c) The commissioner of
education annually must recalculate the indexes in this section. For purposes of this subdivision, the
commissioner must locate a school district with boundaries that cross county
borders in the county that generates the highest location equity index for that
district.
EFFECTIVE DATE. This section is effective for revenue for fiscal
year 2014 and later.
Sec. 11. Minnesota Statutes 2008, section 126C.05,
subdivision 1, is amended to read:
Subdivision 1. Pupil
unit. Pupil units for each Minnesota
resident pupil under the age of 21 or who meets the requirements of section
120A.20, subdivision 1, paragraph (c), in average daily membership enrolled in
the district of residence, in another district under sections 123A.05 to
123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under section
124D.10; or for whom the resident district pays tuition under section 123A.18,
123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04,
124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted according to
this subdivision.
(a) A prekindergarten pupil
with a disability who is enrolled in a program approved by the commissioner and
has an individual education plan is counted as the ratio of the number of hours
of assessment and education service to 825 times 1.25 with a minimum average
daily membership of 0.28, but not more than 1.25 pupil units.
(b) A prekindergarten pupil
who is assessed but determined not to be disabled is counted as the ratio of
the number of hours of assessment service to 825 times 1.25.
(c) A kindergarten pupil
with a disability who is enrolled in a program approved by the commissioner is
counted as the ratio of the number of hours of assessment and education
services required in the fiscal year by the pupil's individual education
program plan to 875, but not more than one.
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(d) A kindergarten pupil who is not included in paragraph (c)
is counted as .612 1.0 pupil units.
(e) A pupil who is in any of grades 1 to 3 is counted as 1.115
1.0 pupil units for fiscal year 2000 and thereafter.
(f) A pupil who is any of grades 4 to 6 is counted as 1.06
1.0 pupil units for fiscal year 1995 and thereafter.
(g) A pupil who is in any of grades 7 to 12 is counted as 1.3
1.0 pupil units.
(h) A pupil who is in the postsecondary enrollment options
program is counted as 1.3 1.0 pupil units.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.
Sec. 12.
Minnesota Statutes 2008, section 126C.05, subdivision 3, is amended to
read:
Subd. 3. Compensation revenue pupil units. Compensation revenue pupil units for
fiscal year 1998 and thereafter must be computed according to this
subdivision.
(a) The compensation revenue concentration percentage for
each building in a district equals the product of 100 times the ratio
of:
(1) the sum of the number of pupils enrolled in the building
district eligible to receive free lunch plus one-half of the pupils
eligible to receive reduced priced or reduced-price lunch on October
1 of the previous fiscal year; to
(2) the number of pupils enrolled in the building
district on October 1 of the previous fiscal year.
(b) The compensation revenue pupil weighting factor for a
building equals the lesser of one or the quotient obtained by dividing
the building's compensation revenue concentration percentage by 80.0.
(c) The compensation revenue pupil units for a building
district equals the product of:
(1) the sum of the number of pupils enrolled in the building
district eligible to receive free lunch and one-half of the pupils
eligible to receive reduced priced or reduced-price lunch on October
1 of the previous fiscal year; times
(2) the compensation revenue pupil weighting factor for the building;
times
(3) .60 district.
(d) Notwithstanding paragraphs (a) to (c), for charter
schools and contracted alternative programs in the first year of operation,
compensation revenue pupil units shall be computed using data for the current
fiscal year. If the charter school or
contracted alternative program begins operation after October 1, compensatory
revenue pupil units shall be computed based on pupils enrolled on an alternate
date determined by the commissioner, and the compensation revenue pupil units
shall be prorated based on the ratio of the number of days of student
instruction to 170 days.
(e) The percentages in this subdivision must be based on the
count of individual pupils and not on a building average or minimum.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.
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Sec. 13. Minnesota Statutes 2008, section 126C.05,
subdivision 5, is amended to read:
Subd. 5. Adjusted
pupil units. (a) Adjusted
pupil units for a district or charter school means the sum of:
(1) the number of pupil
units served, according to subdivision 7, plus
(2) pupil units according to
subdivision 1 for whom the district or charter school pays tuition under
section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, minus
(3) pupil units according to
subdivision 1 for whom the district or charter school receives tuition under
section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65.
(b) Adjusted marginal cost
pupil units means the greater of:
(1) the sum of .77 times the
pupil units defined in paragraph (a) for the current school year and .23 times
the pupil units defined in paragraph (a) for the previous school year; or
(2) the number of adjusted
pupil units defined in paragraph (a) for the current school year.
EFFECTIVE DATE. This section is effective for revenue for fiscal
year 2014 and later.
Sec. 14. Minnesota Statutes 2008, section 126C.05,
subdivision 6, is amended to read:
Subd. 6. Resident
pupil units. (a) Resident
pupil units for a district means the number of pupil units according to
subdivision 1 residing in the district.
(b) Resident marginal cost
pupil units means the greater of:
(1) the sum of .77 times the
pupil units defined in paragraph (a) for the current year and .23 times the pupil
units defined in paragraph (a) for the previous school year; or
(2) the number of resident
pupil units defined in paragraph (a) for the current school year.
EFFECTIVE DATE. This section is effective for revenue for fiscal
year 2014 and later.
Sec. 15. Minnesota Statutes 2008, section 126C.05,
subdivision 8, is amended to read:
Subd. 8. Average
daily membership. (a) Membership for
pupils in grades kindergarten through 12 and for prekindergarten pupils with
disabilities shall mean the number of pupils on the current roll of the school,
counted from the date of entry until withdrawal. The date of withdrawal shall mean the day the
pupil permanently leaves the school or the date it is officially known that the
pupil has left or has been legally excused.
However, a pupil, regardless of age, who has been absent from school for
15 consecutive school days during the regular school year or for five
consecutive school days during summer school or intersession classes of
flexible school year programs without receiving instruction in the home or
hospital shall be dropped from the roll and classified as withdrawn. Nothing in this section shall be construed as
waiving the compulsory attendance provisions cited in section 120A.22. Average daily membership equals the sum for
all pupils of the number of days of the school year each pupil is enrolled in
the district's schools divided by the number of days the schools are in
session. Days of summer school or
intersession classes of flexible school year programs are only included in the
computation of membership for pupils with a disability not appropriately served
primarily in the regular classroom. A
student must not be counted as more
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than 1.2 pupils in average
daily membership under this section.
When the initial total average daily membership exceeds 1.2 for a pupil
enrolled in more than one school district during the fiscal year, each
district's average daily membership must be reduced proportionately.
(b) A student must not be counted as more than one pupil in
average daily membership except for purposes of section 126C.10, subdivision
2a.
(c) For purposes of section 126C.10, subdivision 2a, only, a
pupil's average daily membership is counted as 1.0 once a kindergarten or
elementary pupil has received 960 hours of instruction during the school year
and as 1.0 once a secondary student has received 1,050 hours of instruction
during the school year.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.
Sec. 16.
Minnesota Statutes 2008, section 126C.05, subdivision 16, is amended to
read:
Subd. 16. Free and reduced-price lunches. The commissioner shall determine the
number of children eligible to receive either a free or reduced-price lunch on
October 1 each year. Children enrolled in
a building on October 1 and determined to be eligible to receive free or
reduced-price lunch by December 15 of that school year shall be counted as
eligible on October 1 for purposes of subdivision 3. The commissioner may use federal definitions
for these purposes and may adjust these definitions as appropriate. The commissioner may adopt reporting
guidelines to assure accuracy of data counts and eligibility. Districts shall use any guidelines adopted by
the commissioner.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.
Sec. 17.
Minnesota Statutes 2008, section 126C.05, subdivision 17, is amended to
read:
Subd. 17. LEP pupil units. (a) Limited English proficiency pupil
units for fiscal year 2004 and thereafter shall be determined according to
this subdivision.
(b) The limited English proficiency concentration percentage
for a district equals the product of 100 times the ratio of:
(1) means the number of eligible pupils of
limited English proficiency in average daily membership enrolled in the
district during the current fiscal year; to.
(2) the number of pupils in average daily membership enrolled
in the district.
(c) The limited English proficiency pupil units for each
eligible pupil of limited English proficiency in average daily membership
equals the lesser of one or the quotient obtained by dividing the limited
English proficiency concentration percentage for the pupil's district of
enrollment by 11.5.
(d) (b) Limited English proficiency pupil
units shall be counted by the district of enrollment.
(e) (c) Notwithstanding paragraph (d)
(b), for the purposes of this subdivision, pupils enrolled in a cooperative
or intermediate school district shall be counted by the district of residence.
(f) (d) For the purposes of this
subdivision, the terms defined in section 124D.59 have the same meaning.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.
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Sec. 18. [126C.09] EDUCATION FUNDING FRAMEWORK.
Subdivision 1.
Basic formula framework;
general classroom funding. The
general classroom funding for each school district equals the sum of the
district's general education basic revenue, extended time revenue, compensatory
revenue, LEP revenue, referendum replacement revenue, and special education
revenue.
Subd. 2.
District instructional
services. A school district's
instructional services revenue equals the sum of its operating sparsity
revenue, location equity revenue, and declining enrollment revenue.
Subd. 3.
District support services. A school district's support services
revenue equals the sum of its operating capital revenue, alternative facilities
revenue, integration revenue, and transportation revenue.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.
Sec. 19.
Minnesota Statutes 2008, section 126C.10, subdivision 1, is amended to
read:
Subdivision 1. General education revenue. (a) For fiscal year 2006 and
later through 2013, the general education revenue for each district
equals the sum of the district's basic revenue, extended time revenue, gifted
and talented revenue, basic skills revenue, training and experience revenue,
secondary sparsity revenue, elementary sparsity revenue, transportation
sparsity revenue, total operating capital revenue, equity revenue, alternative
teacher compensation revenue, and transition revenue.
(b) For fiscal years 2014 and later, a school district's
general education revenue equals the sum of its basic revenue, extended time
revenue, declining enrollment revenue, basic skills revenue, location equity
revenue, referendum replacement revenue, secondary sparsity revenue, elementary
sparsity revenue, transportation revenue, and total operating capital revenue.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.
Sec. 20.
Minnesota Statutes 2008, section 126C.10, subdivision 2, is amended to
read:
Subd. 2. Basic revenue. (a) The basic revenue for each
district equals the formula allowance times the adjusted marginal cost
pupil units for the school year.
(b) The formula allowance for fiscal year 2007 is
$4,974. The formula allowance for fiscal
year 2008 is $5,074 and the formula allowance for fiscal year 2009 and
subsequent years is $5,124.
(c) The formula allowance for fiscal year 2014 is
$7,500. The formula allowance for fiscal
year 2015 and later equals the formula allowance for the previous year times
the sum of 1.0 and the greater of zero or the ratio of implicit price deflator,
as defined in section 275.70, subdivision 2, for the most recent year to the
implicit price deflator for the previous year.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.
Sec. 21.
Minnesota Statutes 2008, section 126C.10, subdivision 2a, is amended to
read:
Subd. 2a. Extended time revenue. (a) A school district's extended time
revenue is equal to the product of $4,601 the formula allowance for
that year and the sum of the adjusted marginal cost pupil units of
the district for each pupil in average daily membership in excess of 1.0 and
less than 1.2 according to section 126C.05, subdivision 8.
Journal of the House - 96th Day - Tuesday, May 4, 2010 - Top
of Page 11007
(b) A school district's extended time revenue may be used for
extended day programs, extended week programs, summer school, and other
programming authorized under the learning year program.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.
Sec. 22. Minnesota
Statutes 2008, section 126C.10, is amended by adding a subdivision to read:
Subd. 2c.
Declining enrollment revenue. A school district's declining
enrollment revenue equals the greater of zero or the product of: (1) the basic formula allowance for that year;
and (2) the difference between the mean average adjusted pupil units for the
three preceding years and the adjusted pupil units for the current year.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.
Sec. 23. Minnesota
Statutes 2008, section 126C.10, is amended by adding a subdivision to read:
Subd. 2d.
Location equity revenue. A school district's location equity
revenue equals the product of:
(1) .50;
(2) the basic formula allowance for that year;
(3) the district's adjusted pupil units for that year; and
(4) the district's location equity index minus .9.
EFFECTIVE
DATE. This section is effective for
revenue for fiscal year 2014 and later.