1.1.................... moves to amend H.F. No. 718 as follows:
1.2Delete everything after the enacting clause and insert:
1.5 Section 1. Minnesota Statutes 2014, section 120A.41, is amended to read:
1.6120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.
1.7A school board's annual school calendar must include at least 425 hours of
1.8instruction for a kindergarten student without a disability, 935 hours of instruction
for a
1.9student in grades 1 though 6, and 1,020 hours of instruction for a student in grades
7
1.10though 12, not including summer school. The school calendar for all-day kindergarten
1.11must include at least 850 hours of instruction for the school year. A school board's
annual
1.12calendar must include at least 165 days of instruction for a student in grades 1 through
1.1311 unless a four-day week schedule has been approved by the
commissioner board under
1.14section
124D.126 sections 124D.12 to 124D.127.
1.15EFFECTIVE DATE.This section is effective the day following final enactment.
1.16 Sec. 2. Minnesota Statutes 2014, section 124D.11, subdivision 1, is amended to read:
1.17 Subdivision 1.
General education revenue. (a) General education revenue must
1.18be paid to a charter school as though it were a district. The general education revenue
1.19for each adjusted pupil unit is the state average general education revenue per pupil
unit,
1.20plus the referendum equalization aid allowance in the pupil's district of residence,
minus
1.21an amount equal to the product of the formula allowance according to section
126C.10,
1.22subdivision 2
, times .0466, calculated without declining enrollment revenue, local optional
1.23revenue, basic skills revenue, extended
time support revenue, pension adjustment revenue,
1.24transition revenue, and transportation sparsity revenue, plus declining enrollment
revenue,
2.1basic skills revenue, extended
time support revenue, pension adjustment revenue, and
2.2transition revenue as though the school were a school district.
2.3(b) For a charter school operating an extended day, extended week, or summer
2.4program, the general education revenue
for each extended time pupil unit equals $4,794
2.5in paragraph (a) is increased by an amount equal to 25 percent of the statewide average
2.6extended support revenue per pupil unit.
2.7EFFECTIVE DATE.This section is effective for fiscal year 2016 and later.
2.8 Sec. 3. Minnesota Statutes 2014, section 124D.121, is amended to read:
2.9124D.121 DEFINITION OF FLEXIBLE LEARNING YEAR PROGRAM.
2.10"Flexible learning year program" means any district plan
approved by the
2.11commissioner that utilizes buildings and facilities during the entire year or that provides
2.12forms of optional scheduling of pupils and personnel during the learning year in
2.13elementary and secondary schools or residential facilities for children with a disability.
2.14EFFECTIVE DATE.This section is effective the day following final enactment.
2.15 Sec. 4. Minnesota Statutes 2014, section 124D.122, is amended to read:
2.16124D.122 ESTABLISHMENT OF FLEXIBLE LEARNING YEAR PROGRAM.
2.17The board of any district or a consortium of districts
, with the approval of the
2.18commissioner, may establish and operate a flexible learning year program in one or more of
2.19the day or residential facilities for children with a disability within the district.
Consortiums
2.20may use a single
application and evaluation process, though results, public hearings, and
2.21board approvals must be obtained for each district as required under appropriate sections.
2.22EFFECTIVE DATE.This section is effective the day following final enactment.
2.23 Sec. 5. Minnesota Statutes 2014, section 124D.126, subdivision 1, is amended to read:
2.24 Subdivision 1.
Powers and duties. The commissioner must:
2.25(1) promulgate rules necessary to the operation of sections
124D.12 to
124D.127;
2.26(2) (1) cooperate with and provide supervision of flexible learning year programs
2.27to determine compliance with the provisions of sections
124D.12 to
124D.127, the
2.28commissioner's standards and qualifications, and the proposed program as submitted
2.29and approved;
2.30(3) (2) provide any necessary adjustments of
(a) (i) attendance and membership
2.31computations and
(b) (ii) the dates and percentages of apportionment of state aids; and
3.1(4) (3) consistent with the definition of "average daily membership" in section
3.2126C.05, subdivision 8
, furnish the board of a district implementing a flexible learning
3.3year program with a formula for computing average daily membership. This formula must
3.4be computed so that tax levies to be made by the district, state aids to be received
by the
3.5district, and any and all other formulas based upon average daily membership are not
3.6affected solely as a result of adopting this plan of instruction.
3.7EFFECTIVE DATE.This section is effective the day following final enactment.
3.8 Sec. 6. Minnesota Statutes 2014, section 124D.127, is amended to read:
3.9124D.127 TERMINATION OF FLEXIBLE LEARNING YEAR PROGRAM.
3.10The board of any district
, with the approval of the commissioner of education, may
3.11terminate a flexible learning year program in one or more of the day or residential
facilities
3.12for children with a disability within the district. This section shall not be construed
to
3.13permit an exception to section
120A.22,
127A.41, subdivision 7, or
127A.43.
3.14EFFECTIVE DATE.This section is effective the day following final enactment.
3.15 Sec. 7. Minnesota Statutes 2014, section 124D.128, subdivision 1, is amended to read:
3.16 Subdivision 1.
Program established. A learning year program provides instruction
3.17throughout the year on an extended year calendar, extended school day calendar, or
3.18both.
A pupil may participate in the program and accelerate attainment of grade level
3.19requirements or graduation requirements. A learning year program may begin after the
3.20close of the regular school year in June. The program may be for students in one or
more
3.21grade levels from kindergarten through grade 12.
3.22 Sec. 8. Minnesota Statutes 2014, section 126C.10, subdivision 1, is amended to read:
3.23 Subdivision 1.
General education revenue. (a) For fiscal years 2013 and 2014, the
3.24general education revenue for each district equals the sum of the district's basic
revenue,
3.25extended time revenue, gifted and talented revenue, small schools revenue, basic skills
3.26revenue, secondary sparsity revenue, elementary sparsity revenue, transportation sparsity
3.27revenue, total operating capital revenue, equity revenue, alternative teacher compensation
3.28revenue, and transition revenue.
3.29(b) For fiscal year 2015 and later, The general education revenue for each district
3.30equals the sum of the district's basic revenue, extended
time support revenue, gifted and
3.31talented revenue, declining enrollment revenue, local optional revenue, small schools
3.32revenue, basic skills revenue, secondary sparsity revenue, elementary sparsity revenue,
4.1transportation sparsity revenue, total operating capital revenue, equity revenue,
pension
4.2adjustment revenue, and transition revenue.
4.3 Sec. 9. Minnesota Statutes 2014, section 126C.10, subdivision 2, is amended to read:
4.4 Subd. 2.
Basic revenue. For fiscal year 2014, the basic revenue for each district
4.5equals the formula allowance times the adjusted marginal cost pupil units for the
school
4.6year. For fiscal year 2015 and later, the basic revenue for each district equals the
formula
4.7allowance times the adjusted pupil units for the school year.
The formula allowance for
4.8fiscal year 2013 is $5,224. The formula allowance for fiscal year 2014 is $5,302. The
4.9formula allowance for fiscal year 2015
and later is $5,831.
The formula allowance for
4.10fiscal year 2016 is $5,864. The formula allowance for fiscal year 2017 and later is
$5,898.
4.11 Sec. 10. Minnesota Statutes 2014, section 126C.10, subdivision 2a, is amended to read:
4.12 Subd. 2a.
Extended time support revenue. (a)
A school district's extended time
4.13revenue for fiscal year 2014 is equal to the product of $4,601 and the sum of the
adjusted
4.14marginal cost pupil units of the district for each pupil in average daily membership
in
4.15excess of 1.0 and less than 1.2 according to section
126C.05, subdivision 8. A school
4.16district's extended
time support revenue
for fiscal year 2015 and later is equal to the
4.17product of
$5,017 $5,117 and the sum of the adjusted pupil units of the district for each
4.18pupil in average daily membership in excess of 1.0 and less than 1.2 according to
section
4.19126C.05, subdivision 8
.
4.20(b) A school district's extended
time support revenue may be used for extended day
4.21programs, extended week programs, summer school,
vacation break academies such as
4.22spring break academies and summer term academies, and other programming authorized
4.23under the learning year program.
Extended support revenue may also be used by alternative
4.24learning centers serving high school students for academic purposes during the school
day.
4.25EFFECTIVE DATE.This section is effective for fiscal year 2016 and later.
4.26 Sec. 11. Minnesota Statutes 2014, section 126C.10, subdivision 2e, is amended to read:
4.27 Subd. 2e.
Local optional revenue. (a) Local optional revenue for a school district
4.28equals $424 times the adjusted pupil units of the district for that school year.
4.29(b) A district's local optional levy equals its local optional revenue times the lesser
4.30of one or the ratio of its referendum market value per resident pupil unit to
$510,000
4.31the local optional equalizing factor. The local optional revenue levy must be spread on
4.32referendum market value. A district may levy less than the permitted amount.
5.1(c) A district's local optional aid equals its local optional revenue less its local
5.2optional levy, times the ratio of the actual amount levied to the permitted levy.
5.3(d) A district's local optional equalizing factor equals $510,000 times the greater
of
5.4one or the ratio of the district's seasonal recreational factor to 0.30.
5.5(e) A district's seasonal recreational factor equals the ratio of the market value
of
5.6property in the district classified as 4(c)12 under section 273.13 to the district's
total
5.7taxable market value under section 273.13.
5.8EFFECTIVE DATE.This section is effective for taxes payable in 2016 and later.
5.9 Sec. 12. Minnesota Statutes 2014, section 126C.10, subdivision 3, is amended to read:
5.10 Subd. 3.
Compensatory education revenue. (a)
For fiscal year 2014, the
5.11compensatory education revenue for each building in the district equals the formula
5.12allowance minus $415 times the compensation revenue pupil units computed according
to
5.13section
126C.05, subdivision 3. For fiscal year
2015 2016 and later, the compensatory
5.14education revenue for each building in the district equals the formula allowance
for fiscal
5.15year 2015 minus $839 times the compensation revenue pupil units computed according to
5.16section
126C.05, subdivision 3.
5.17(b) A district's compensatory revenue under paragraph (a) is increased by an amount
5.18equal to the product of (1) the ratio of the statewide compensatory growth revenue
to the
5.19sum of the number of pupils in the district eligible to receive free lunch plus one-half
of the
5.20number of pupils eligible to receive reduced-price lunch on October 1 of the previous
year,
5.21and (2) the district's number of pupils eligible to receive free lunch plus one-half
of the
5.22number of pupils eligible to receive reduced-price lunch on October 1 of the previous
year.
5.23(c) Revenue shall be paid to the district and must be allocated according to section
5.24126C.15, subdivision 2
.
5.25(b) (d) When the district contracting with an alternative program under section
5.26124D.69
changes prior to the start of a school year, the compensatory revenue generated
5.27by pupils attending the program shall be paid to the district contracting with the
alternative
5.28program for the current school year, and shall not be paid to the district contracting
with
5.29the alternative program for the prior school year.
5.30(c) (e) When the fiscal agent district for an area learning center changes prior to the
5.31start of a school year, the compensatory revenue shall be paid to the fiscal agent
district
5.32for the current school year, and shall not be paid to the fiscal agent district for
the prior
5.33school year.
5.34(f) Statewide compensatory growth revenue equals the difference between
5.35compensatory revenue computed under paragraph (a) with the formula allowance for the
6.1current year and the revenue computed under paragraph (a) using the formula allowance
6.2for fiscal year 2015.
6.3EFFECTIVE DATE.This section is effective for fiscal year 2016 and later.
6.4 Sec. 13. Minnesota Statutes 2014, section 126C.10, subdivision 13a, is amended to read:
6.5 Subd. 13a.
Operating capital levy. To obtain operating capital revenue for fiscal
6.6year 2015 and later, a district may levy an amount not more than the product of its
6.7operating capital revenue for the fiscal year times the lesser of one or the ratio
of its
6.8adjusted net tax capacity per adjusted
marginal cost pupil unit to the operating capital
6.9equalizing factor. The operating capital equalizing factor equals $14,500.
6.10EFFECTIVE DATE.This section is effective the day following final enactment for
6.11fiscal year 2015 and later.
6.12 Sec. 14. Minnesota Statutes 2014, section 126C.10, subdivision 18, is amended to read:
6.13 Subd. 18.
Transportation sparsity revenue allowance. (a) A district's
6.14transportation sparsity allowance equals the greater of zero or the result of the
following
6.15computation:
6.16(i) Multiply the formula allowance according to subdivision 2, by .141.
6.17(ii) Multiply the result in clause (i) by the district's sparsity index raised to
the
6.1826/100 power.
6.19(iii) Multiply the result in clause (ii) by the district's density index raised to
the
6.2013/100 power.
6.21(iv) Multiply the formula allowance according to subdivision 2, by .0466.
6.22(v) Subtract the result in clause (iv) from the result in clause (iii).
6.23(vi) Multiply the result in clause (v) by the greater of (1) one or (2) the ratio
of the
6.24square mile area of the district to 3,000.
6.25(vii) For a district that does not qualify for secondary sparsity revenue under
6.26subdivision 7 or elementary sparsity revenue under subdivision 8, multiply the result
in
6.27clause (vi) by the greater of (1) one or (2) the ratio of the square mile area of
the district to
6.28525.
6.29(b) Transportation sparsity revenue is equal to the transportation sparsity allowance
6.30times the adjusted pupil units.
6.31EFFECTIVE DATE.This section is effective for revenue in fiscal year 2016 and
6.32later.
7.1 Sec. 15. Minnesota Statutes 2014, section 126C.10, subdivision 24, is amended to read:
7.2 Subd. 24.
Equity revenue. (a) A school district qualifies for equity revenue if:
7.3 (1) the school district's adjusted pupil unit amount of basic revenue, transition
7.4revenue, and referendum revenue is less than the value of the school district at or
7.5immediately above the 95th percentile of school districts in its equity region for
those
7.6revenue categories; and
7.7 (2) the school district's administrative offices are not located in a city of the
first
7.8class on July 1, 1999.
7.9 (b) Equity revenue for a qualifying district that receives referendum revenue under
7.10section
126C.17, subdivision 4, equals the product of (1) the district's adjusted pupil
7.11units for that year; times (2) the sum of (i) $14, plus (ii) $80, times the school
district's
7.12equity index computed under subdivision 27.
7.13 (c) Equity revenue for a qualifying district that does not receive referendum revenue
7.14under section
126C.17, subdivision 4, equals the product of the district's adjusted pupil
7.15units for that year times $14.
7.16 (d) A school district's equity revenue is increased by the greater of zero or an amount
7.17equal to the district's adjusted pupil units times the difference between ten percent
of the
7.18statewide average amount of referendum revenue per adjusted pupil unit for that year
and
7.19the district's referendum revenue per adjusted pupil unit. A school district's revenue
under
7.20this paragraph must not exceed $100,000 for that year.
7.21 (e) A school district's equity revenue
for a school district located in the metro equity
7.22region equals the amount computed in paragraphs (b), (c), and (d) multiplied by
1.25.
7.23 (f) A school district's additional equity revenue equals $50 times its adjusted pupil
7.24units.
7.25EFFECTIVE DATE.This section is effective for fiscal year 2017 and later.
7.26 Sec. 16. Minnesota Statutes 2014, section 126C.13, subdivision 4, is amended to read:
7.27 Subd. 4.
General education aid. (a) For fiscal years 2013 and 2014 only, a district's
7.28general education aid is the sum of the following amounts:
7.29 (1) general education revenue, excluding equity revenue, total operating capital
7.30revenue, alternative teacher compensation revenue, and transition revenue;
7.31 (2) operating capital aid under section
126C.10, subdivision 13b;
7.32 (3) equity aid under section
126C.10, subdivision 30;
7.33 (4) alternative teacher compensation aid under section
126C.10, subdivision 36;
7.34 (5) transition aid under section
126C.10, subdivision 33;
7.35 (6) shared time aid under section
126C.01, subdivision 7;
8.1 (7) referendum aid under section
126C.17, subdivisions 7 and 7a; and
8.2 (8) online learning aid according to section
124D.096.
8.3(b) For fiscal year 2015 and later, A district's general education aid equals:
8.4(1) general education revenue, excluding operating capital revenue, equity revenue,
8.5local optional revenue, and transition revenue
, minus the student achievement levy,
8.6multiplied times the ratio of the actual amount of student achievement levy levied
to the
8.7permitted student achievement levy; plus
8.8(2) operating capital aid under section 126C.10, subdivision 13b;
8.9(2) (3) equity aid under section
126C.10, subdivision 30; plus
8.10(3) (4) transition aid under section
126C.10, subdivision 33; plus
8.11(4) (5) shared time aid under section
126C.10, subdivision 7; plus
8.12(5) (6) referendum aid under section
126C.17, subdivisions 7 and 7a; plus
8.13(6) (7) online learning aid under section
124D.096; plus
8.14(7) (8) local optional aid according to section
126C.10, subdivision 2d, paragraph (d).
8.15EFFECTIVE DATE.Clause (1) of this section is effective for fiscal year 2017 and
8.16later. Clause (2) of this section is effective for fiscal year 2015 and later.
8.17 Sec. 17. Minnesota Statutes 2014, section 126C.15, subdivision 1, is amended to read:
8.18 Subdivision 1.
Use of revenue. The basic skills revenue under section
126C.10,
8.19subdivision 4
, must be reserved and used to meet the educational needs of pupils who
8.20enroll under-prepared to learn and whose progress toward meeting state or local content
8.21or performance standards is below the level that is appropriate for learners of their
age.
8.22Basic skills revenue may also be used for programs designed to prepare children and
their
8.23families for entry into school whether the student first enrolls in kindergarten or
first grade.
8.24Any of the following may be provided to meet these learners' needs:
8.25(1) direct instructional services under the assurance of mastery program according
8.26to section
124D.66;
8.27(2) remedial instruction in reading, language arts, mathematics, other content areas,
8.28or study skills to improve the achievement level of these learners;
8.29(3) additional teachers and teacher aides to provide more individualized instruction
8.30to these learners through individual tutoring, lower instructor-to-learner ratios,
or team
8.31teaching;
8.32(4) a longer school day or week during the regular school year or through a summer
8.33program that may be offered directly by the site or under a performance-based contract
8.34with a community-based organization;
9.1(5) recruitment and new teacher development activities through quality mentor-led
9.2induction or "grow your own" initiatives;
9.3(6) a hiring bonus or other added compensation for a teacher identified as effective
9.4or highly effective under the local teacher professional review cycle who agrees to
work
9.5in a hard-to-fill position or hard-to-staff school setting such as a school with a
majority
9.6of students whose families meet federal poverty guidelines, a geographically isolated
9.7school, or a school identified by the state as eligible for targeted programs or services
9.8for its students;
9.9(5) (7) comprehensive and ongoing staff development consistent with district and
9.10site plans according to section
122A.60, for teachers, teacher aides, principals, and other
9.11personnel to improve their ability to identify the needs of these learners and provide
9.12appropriate remediation, intervention, accommodations, or modifications;
9.13(6) (8) instructional materials, digital learning, and technology appropriate for
9.14meeting the individual needs of these learners;
9.15(7) (9) programs to reduce truancy, encourage completion of high school, enhance
9.16self-concept, provide health services, provide nutrition services, provide a safe
and secure
9.17learning environment, provide coordination for pupils receiving services from other
9.18governmental agencies, provide psychological services to determine the level of social,
9.19emotional, cognitive, and intellectual development, and provide counseling services,
9.20guidance services, and social work services;
9.21(8) (10) bilingual programs, bicultural programs, and programs for English learners;
9.22(9) all-day kindergarten;
9.23(10) (11) prekindergarten programs for four-year-olds and other early education
9.24programs, parent-training programs, school readiness programs,
kindergarten programs
9.25for four-year-olds, voluntary home visits under section
124D.13, subdivision 4, and other
9.26outreach efforts designed to prepare children for kindergarten;
9.27(11) (12) extended school day and extended school year programs
including summer
9.28academies; and
9.29(12) (13) substantial parent involvement in developing and implementing remedial
9.30education or intervention plans for a learner, including learning contracts between
the
9.31school, the learner, and the parent that establish achievement goals and responsibilities
of
9.32the learner and the learner's parent or guardian.
9.33EFFECTIVE DATE.This section is effective July 1, 2015.
9.34 Sec. 18. Minnesota Statutes 2014, section 126C.15, subdivision 2, is amended to read:
10.1 Subd. 2.
Building allocation. (a)
Unless a plan has been adopted according to
10.2paragraph (b), a district or cooperative must allocate its compensatory revenue to each
10.3school building in the district or cooperative where the children who have generated
the
10.4revenue are served
unless the school district or cooperative has received permission under
10.5Laws 2005, First Special Session chapter 5, article 1, section 50, to allocate compensatory
10.6revenue according to student performance measures developed by the school board.
10.7 (b) Notwithstanding paragraph (a),
the board of a district or cooperative may
allocate
10.8up to five percent of the amount of reallocate any or all of its compensatory revenue
that
10.9the district receives to school sites according to a plan adopted by the school board
, and a
10.10district or cooperative may allocate up to an additional five percent of its compensatory
10.11revenue for activities under subdivision 1, clause (10), according to a plan adopted
by the
10.12school board. The money reallocated under this paragraph must be spent for the purposes
10.13listed in subdivision 1, but may be spent on students in any grade, including students
10.14attending school readiness or other prekindergarten programs.
10.15 (c) For the purposes of this section and section
126C.05, subdivision 3, "building"
10.16means education site as defined in section
123B.04, subdivision 1.
10.17 (d) Notwithstanding section 123A.26, subdivision 1, compensatory revenue
10.18generated by students served at a cooperative unit shall be paid to the cooperative
unit.
10.19 (e) A district or cooperative with school building openings, school building
10.20closings, changes in attendance area boundaries, or other changes in programs or student
10.21demographics between the prior year and the current year may reallocate compensatory
10.22revenue among sites to reflect these changes. A district or cooperative must report
to the
10.23department any adjustments it makes according to this paragraph and the department
must
10.24use the adjusted compensatory revenue allocations in preparing the report required
under
10.25section
123B.76, subdivision 3, paragraph (c).
10.26EFFECTIVE DATE.This section is effective July 1, 2015.
10.27 Sec. 19. Minnesota Statutes 2014, section 126C.15, subdivision 3, is amended to read:
10.28 Subd. 3.
Recommendation. A school site decision-making team, as defined in
10.29section
123B.04, subdivision 2, paragraph (a), or the instruction and curriculum advisory
10.30committee under section
120B.11, if the school has no school site decision team,
shall may
10.31recommend
to the school board how the compensatory education revenue will be used to
10.32carry out the purpose of this section. A school district that has received permission
under
10.33Laws 2005, First Special Session chapter 5, article 1, section 50, to allocate compensatory
10.34revenue according to school performance measures shall share its plan for the distribution
10.35of compensatory revenue with the school site decision team.
11.1EFFECTIVE DATE.This section is effective July 1, 2015.
11.2 Sec. 20. Minnesota Statutes 2014, section 126C.17, subdivision 1, is amended to read:
11.3 Subdivision 1.
Referendum allowance. (a) A district's initial referendum allowance
11.4equals the result of the following calculations:
11.5(1) multiply the referendum allowance the district would have received for fiscal
11.6year 2015 under Minnesota Statutes 2012, section
126C.17, subdivision 1, based on
11.7elections held before July 1, 2013, by the resident marginal cost pupil units the
district
11.8would have counted for fiscal year 2015 under Minnesota Statutes 2012, section
126C.05;
11.9(2) add to the result of clause (1) the adjustment the district would have received
11.10under Minnesota Statutes 2012, section
127A.47, subdivision 7, paragraphs (a), (b), and
11.11(c), based on elections held before July 1, 2013;
11.12(3) divide the result of clause (2) by the district's adjusted pupil units for fiscal
11.13year 2015;
11.14(4) add to the result of clause (3) any additional referendum allowance per adjusted
11.15pupil unit authorized by elections held between July 1, 2013, and December 31, 2013;
11.16(5) add to the result in clause (4) any additional referendum allowance resulting
from
11.17inflation adjustments approved by the voters prior to January 1, 2014;
11.18(6) subtract from the result of clause (5), the sum of a district's actual local optional
11.19levy and local optional aid under section
126C.10, subdivision 2e, divided by the adjusted
11.20pupil units of the district for that school year; and
11.21(7) if the result of clause (6) is less than zero, set the allowance to zero.
11.22(b) A district's referendum allowance equals the sum of the district's initial
11.23referendum allowance,
plus any new referendum allowance authorized between July 1,
11.242013, and December 31, 2013, under subdivision 9a, plus any additional referendum
11.25allowance per adjusted pupil unit authorized after December 31, 2013, minus any
11.26allowances expiring in fiscal year 2016 or later, provided that the allowance may
not be
11.27less than zero. For a district with more than one referendum allowance for fiscal
year
11.282015 under Minnesota Statutes 2012, section
126C.17, the allowance calculated under
11.29paragraph (a), clause (3), must be divided into components such that the same percentage
11.30of the district's allowance expires at the same time as the old allowances would have
11.31expired under Minnesota Statutes 2012, section
126C.17. For a district with more than one
11.32allowance for fiscal year 2015 that expires in the same year, the reduction under
paragraph
11.33(a), clause (6), to offset local optional revenue shall be made first from any allowances
that
11.34do not have an inflation adjustment approved by the voters.
12.1EFFECTIVE DATE.This section is effective the day following final enactment for
12.2fiscal year 2015 and later.
12.3 Sec. 21. Minnesota Statutes 2014, section 126C.17, subdivision 2, is amended to read:
12.4 Subd. 2.
Referendum allowance limit. (a) Notwithstanding subdivision 1, for
12.5fiscal year 2015 and later, a district's referendum allowance must not exceed the
annual
12.6inflationary increase as calculated under paragraph (b) times the greatest of:
12.7(1) $1,845;
12.8(2) the sum of the referendum revenue the district would have received for fiscal
12.9year 2015 under Minnesota Statutes 2012, section
126C.17, subdivision 4, based on
12.10elections held before July 1, 2013, and the adjustment the district would have received
12.11under Minnesota Statutes 2012, section
127A.47, subdivision 7, paragraphs (a), (b), and
12.12(c), based on elections held before July 1, 2013, divided by the district's adjusted
pupil
12.13units for fiscal year 2015;
12.14(3) the product of the referendum allowance limit the district would have received
12.15for fiscal year 2015 under Minnesota Statutes 2012, section
126C.17, subdivision 2, and
12.16the resident marginal cost pupil units the district would have received for fiscal
year 2015
12.17under Minnesota Statutes 2012, section
126C.05, subdivision 6, plus the adjustment the
12.18district would have received under Minnesota Statutes 2012, section
127A.47, subdivision
12.197
, paragraphs (a), (b), and (c), based on elections held before July 1, 2013, divided
by
12.20the district's adjusted pupil units for fiscal year 2015; minus $424
for a district receiving
12.21local optional revenue under section
126C.10, subdivision 2d, paragraph (a), minus
12.22$212 for a district receiving local optional revenue under section
126C.10, subdivision
12.232d
, paragraph (b); or
12.24(4) for a newly reorganized district created after July 1, 2013, the referendum
12.25revenue authority for each reorganizing district in the year preceding reorganization
12.26divided by its adjusted pupil units for the year preceding reorganization.
12.27(b) For purposes of this subdivision, for fiscal year 2016 and later, "inflationary
12.28increase" means one plus the percentage change in the Consumer Price Index for urban
12.29consumers, as prepared by the United States Bureau of Labor Standards, for the current
12.30fiscal year to fiscal year 2015. For fiscal year 2016 and later, for purposes of paragraph
(a),
12.31clause (3), the inflationary increase equals one-fourth of the percentage increase
in the
12.32formula allowance for that year compared with the formula allowance for fiscal year
2015.
12.33EFFECTIVE DATE.This section is effective the day following final enactment for
12.34fiscal year 2015 and later.
13.1 Sec. 22.
APPROPRIATIONS.
13.2 Subdivision 1. Department of Education. The sums indicated in this section are
13.3appropriated from the general fund to the Department of Education for the fiscal years
13.4designated.
13.5 Subd. 2. General education aid. For general education aid under Minnesota
13.6Statutes, section 126C.13, subdivision 4:
13.7
|
|
$
|
6,546,771,000
|
.....
|
2016
|
13.8
|
|
$
|
6,609,377,000
|
.....
|
2017
|
13.9The 2016 appropriation includes $622,908,000 for 2015 and $5,923,863,000 for
13.102016.
13.11The 2017 appropriation includes $630,151,000 for 2016 and $5,979,226,000 for
13.122017.
13.13 Subd. 3. Enrollment options transportation. For transportation of pupils attending
13.14postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation
13.15of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:
13.16
|
|
$
|
39,000
|
.....
|
2016
|
13.17
|
|
$
|
42,000
|
.....
|
2017
|
13.18 Subd. 4. Abatement revenue. For abatement aid under Minnesota Statutes, section
13.19127A.49:
13.20
|
|
$
|
2,740,000
|
.....
|
2016
|
13.21
|
|
$
|
2,932,000
|
.....
|
2017
|
13.22The 2016 appropriation includes $278,000 for 2015 and $2,462,000 for 2016.
13.23The 2017 appropriation includes $273,000 for 2016 and $2,659,000 for 2017.
13.24 Subd. 5. Consolidation transition. For districts consolidating under Minnesota
13.25Statutes, section 123A.485:
13.26
|
|
$
|
292,000
|
.....
|
2016
|
13.27
|
|
$
|
165,000
|
.....
|
2017
|
13.28The 2016 appropriation includes $22,000 for 2015 and $270,000 for 2016.
13.29The 2017 appropriation includes $30,000 for 2016 and $135,000 for 2017.
13.30 Subd. 6. Nonpublic pupil education aid. For nonpublic pupil education aid under
13.31Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:
13.32
|
|
$
|
16,756,000
|
.....
|
2016
|
13.33
|
|
$
|
17,309,000
|
.....
|
2017
|
14.1The 2016 appropriation includes $1,575,000 for 2015 and $15,181,000 for 2016.
14.2The 2017 appropriation includes $1,686,000 for 2016 and $15,623,000 for 2017.
14.3 Subd. 7. Nonpublic pupil transportation. For nonpublic pupil transportation aid
14.4under Minnesota Statutes, section 123B.92, subdivision 9:
14.5
|
|
$
|
17,322,000
|
.....
|
2016
|
14.6
|
|
$
|
17,228,000
|
.....
|
2017
|
14.7The 2016 appropriation includes $1,816,000 for 2015 and $15,506,000 for 2016.
14.8The 2017 appropriation includes $1,722,000 for 2016 and $15,506,000 for 2017.
14.9 Subd. 8. One-room schoolhouse. For a grant to Independent School District No.
14.10690, Warroad, to operate the Angle Inlet School:
14.11
|
|
$
|
65,000
|
.....
|
2016
|
14.12
|
|
$
|
65,000
|
.....
|
2017
|
14.13 Subd. 9. Compensatory revenue pilot project. For grants for participation in the
14.14compensatory revenue pilot program under Laws 2005, First Special Session chapter
5,
14.15article 1, section 50:
14.16
|
|
$
|
7,325,000
|
.....
|
2016
|
14.17
|
|
$
|
7,325,000
|
.....
|
2017
|
14.18Of this amount, $4,730,000 in each year is for a grant to Independent School District
14.19No. 11, Anoka-Hennepin; $240,000 in each year is for a grant to Independent School
14.20District No. 286, Brooklyn Center; $660,000 in each year is for a grant to Independent
14.21School District No. 279, Osseo; $500,000 in each year is for a grant to Independent
14.22School District No. 281, Robbinsdale; $520,000 in each year is for a grant to Independent
14.23School District No. 535, Rochester; $205,000 in each year is for a grant to Independent
14.24School District No. 833, South Washington; and $470,000 in each year is for a grant
to
14.25Independent School District No. 241, Albert Lea.
14.26If a grant to a specific school district is not awarded, the commissioner may increase
14.27the aid amounts to any of the remaining participating school districts.
14.28 Subd. 10. Career and technical aid. For career and technical aid under Minnesota
14.29Statutes, section 124D.4531, subdivision 1b:
14.30
|
|
$
|
5,420,000
|
.....
|
2016
|
14.31
|
|
$
|
4,405,000
|
.....
|
2017
|
14.32The 2016 appropriation includes $574,000 for 2015 and $4,846,000 for 2016.
14.33The 2017 appropriation includes $538,000 for 2016 and $3,867,000 for 2017.
15.1 Sec. 23.
REPEALER.
15.2Minnesota Statutes 2014, sections 126C.12, subdivision 6; 126C.13, subdivisions 3a,
15.33b, and 3c; and 126C.41, subdivision 1, and Minnesota Rules, part 3500.1000, are repealed.
15.6 Section 1. Minnesota Statutes 2014, section 5A.03, is amended to read:
15.75A.03 ORGANIZATION APPLICATION FOR REGISTRATION.
15.8 Subdivision 1. Placing high school students in Minnesota. (a) An application for
15.9registration as an international student exchange visitor placement organization must
be
15.10submitted in the form prescribed by the secretary of state. The application must include:
15.11(1) evidence that the organization meets the standards established by the secretary
of
15.12state by rule;
15.13(2) the name, address, and telephone number of the organization, its chief executive
15.14officer, and the person within the organization who has primary responsibility for
15.15supervising placements within the state;
15.16(3) the organization's unified business identification number, if any;
15.17(4) the organization's Office of Exchange Coordination and Designation, United
15.18States Department of State number, if any;
15.19(5) evidence of Council on Standards for International Educational Travel listing,
if
15.20any;
15.21(6) whether the organization is exempt from federal income tax; and
15.22(7) a list of the organization's placements in Minnesota for the previous academic
15.23year including the number of students placed, their home countries, the school districts
in
15.24which they were placed, and the length of their placements.
15.25(b) The application must be signed by the chief executive officer of the organization
15.26and the person within the organization who has primary responsibility for supervising
15.27placements within Minnesota. If the secretary of state determines that the application
is
15.28complete, the secretary of state shall file the application and the applicant is registered.
15.29(c) Organizations that have registered shall inform the secretary of state of any
15.30changes in the information required under paragraph (a), clause (1), within 30 days
of the
15.31change. There is no fee to amend a registration.
15.32(d) Registration under this chapter is valid for one year. The registration may be
15.33renewed annually. The fee to renew a registration is $50 per year.
15.34(e) Organizations registering for the first time in Minnesota must pay an initial
15.35registration fee of $150.
16.1(f) Fees collected by the secretary of state under this section must be deposited
in the
16.2state treasury and credited to the general fund.
16.3 Subd. 2. Placing Minnesota students in travel abroad programs. (a) A school
16.4district or charter school with enrolled students who participate in a foreign exchange
or
16.5study or other travel abroad program under a written agreement between the district
or
16.6charter school and the program provider must use a form developed by the Department
16.7of Education to annually report to the department by November 1 the following data
16.8from the previous school year:
16.9(1) the number of Minnesota student deaths that occurred while Minnesota students
16.10were participating in the foreign exchange or study or other travel abroad program
and
16.11that resulted from Minnesota students participating in the program;
16.12(2) the number of Minnesota students hospitalized due to accidents and the illnesses
16.13that occurred while Minnesota students were participating in the foreign exchange
or study
16.14or other travel abroad program and that resulted from Minnesota students participating
16.15in the program; and
16.16(3) the name and type of the foreign exchange or study or other travel abroad
16.17program and the city or region where the reported death, hospitalization due to accident,
16.18or the illness occurred.
16.19(b) School districts and charter schools must ask but must not require enrolled
16.20eligible students and the parents or guardians of other enrolled students who complete
16.21a foreign exchange or study or other travel abroad program to disclose the information
16.22under paragraph (a).
16.23 (c) When reporting the data under paragraph (a), a school district or charter school
16.24may supplement the data with a brief explanatory statement. The Department of Education
16.25annually must aggregate and publish the reported data on the department Web site in
16.26a format that facilitates public access to the aggregated data and include links to
both
16.27the United States Department of State's Consular Information Program that informs
the
16.28public of conditions abroad that may affect students' safety and security and the
publicly
16.29available reports on sexual assaults and other criminal acts affecting students participating
16.30in a foreign exchange or study or other travel abroad program.
16.31 (d) School districts and charter schools with enrolled students who participate in
16.32foreign exchange or study or other travel abroad programs under a written agreement
16.33between the district or charter school and the program provider are encouraged to
adopt
16.34policies supporting the programs and to include program standards in their policies
to
16.35ensure students' health and safety.
17.1 (e) To be eligible under this subdivision to provide a foreign exchange or study or
17.2other travel abroad program to Minnesota students enrolled in a school district or
charter
17.3school, a program provider annually must register with the secretary of state and
provide
17.4the following information on a form developed by the secretary of state: the name,
17.5address, and telephone number of the program provider, its chief executive officer,
and
17.6the person within the provider's organization who is primarily responsible for supervising
17.7programs within the state; the program provider's unified business identification
number,
17.8if any; evidence of Council on Standards for International Educational Travel listing,
17.9if any; whether the program provider is exempt from federal income tax; a list of
the
17.10program provider's placements in foreign countries for the previous school year including
17.11the number of Minnesota students placed, where Minnesota students were placed, and
17.12the length of their placement; the terms and limits of the medical and accident insurance
17.13available to cover participating students and the process for filing a claim; and
the
17.14signatures of the program provider's chief executive officer and the person primarily
17.15responsible for supervising Minnesota students' placements in foreign countries. If
the
17.16secretary of state determines the registration is complete, the secretary of state
shall file the
17.17registration and the program provider is registered. Registration with the secretary
of state
17.18must not be considered or represented as an endorsement of the program provider by
the
17.19secretary of state. The secretary of state annually must publish on its Web site aggregated
17.20data under paragraph (c) received from the Department of Education.
17.21(f) Program providers, annually by August 1, must provide the data required under
17.22paragraph (a), clauses (1) to (3), to the districts and charter schools with enrolled
students
17.23participating in the provider's program.
17.24 (g) The school district, the charter school, the Department of Education, and their
17.25respective employees, when acting in their official capacity, are immune from civil
and
17.26criminal liability with respect to all activities related to implementing this subdivision.
17.27EFFECTIVE DATE.This section is effective for the 2015-2016 school year and
17.28later.
17.29 Sec. 2. Minnesota Statutes 2014, section 120B.022, subdivision 1a, is amended to read:
17.30 Subd. 1a.
Foreign language and culture; proficiency certificates. (a) World
17.31languages teachers and other school staff should develop and implement world languages
17.32programs that acknowledge and reinforce the language proficiency and cultural awareness
17.33that non-English language speakers already possess, and encourage students' proficiency
17.34in multiple world languages. Programs under this section must encompass indigenous
17.35American Indian languages and cultures, among other world languages and cultures.
The
18.1department shall consult with postsecondary institutions in developing related professional
18.2development opportunities for purposes of this section.
18.3(b) Any Minnesota public, charter, or nonpublic school may award Minnesota
18.4World Language Proficiency Certificates
or Minnesota World Language Proficiency High
18.5Achievement Certificates, consistent with this subdivision.
18.6(c) The Minnesota World Language Proficiency Certificate recognizes students who
18.7demonstrate listening, speaking, reading, and writing language skills at the American
18.8Council on the Teaching of Foreign Languages' Intermediate-Low level on a valid and
18.9reliable assessment tool.
For languages listed as Category 3 by the United States Foreign
18.10Service Institute or Category 4 by the United States Defense Language Institute, the
18.11standard is Intermediate-Low for listening and speaking and Novice-High for reading
18.12and writing.
18.13(d) The Minnesota World Language Proficiency High Achievement Certificate
18.14recognizes students who demonstrate listening, speaking, reading, and writing language
18.15skills at the American Council on the Teaching of Foreign Languages' Pre-Advanced
level
18.16for K-12 learners on a valid and reliable assessment tool. For languages listed as
Category
18.173 by the United States Foreign Service Institute or Category 4 by the United States
18.18Defense Language Institute, the standard is Pre-Advanced for listening and speaking
and
18.19Intermediate-Mid for reading and writing.
18.20 Sec. 3. Minnesota Statutes 2014, section 120B.022, subdivision 1b, is amended to read:
18.21 Subd. 1b.
State bilingual and multilingual seals. (a) Consistent with efforts to
18.22strive for the world's best workforce under sections
120B.11 and
124D.10, subdivision 8,
18.23paragraph (u), and close the academic achievement and opportunity gap under sections
18.24124D.861
and
124D.862, voluntary state bilingual and multilingual seals are established
18.25to recognize high school
graduates students who demonstrate
level 3 an advanced low
18.26level or an intermediate high level of functional
native proficiency in listening, speaking,
18.27reading, and writing on either
the Foreign Services Institute language assessments aligned
18.28with American Council on the Teaching of Foreign Languages' (ACTFL) proficiency
18.29tests guidelines or on equivalent valid and reliable assessments in one or more languages
18.30in addition to English. American Sign Language is a language other than English for
18.31purposes of this subdivision and a world language for purposes of subdivision 1a.
18.32(b) In addition to paragraph (a), to be eligible to receive a seal:
18.33(1) students must satisfactorily complete all required English language arts credits;
18.34and
19.1(2) students
whose primary language is other than English must demonstrate mastery
19.2of Minnesota's English language proficiency standards.
19.3(c) Consistent with this subdivision, a high school graduate who demonstrates
19.4an intermediate high ACTFL level of functional
native proficiency in one language
19.5in addition to English is eligible to receive the state bilingual
gold seal. A high school
19.6graduate who demonstrates
an intermediate high ACTFL level of functional native
19.7proficiency in more than one language in addition to English is eligible to receive
the
19.8state multilingual
gold seal.
A high school graduate who demonstrates an advanced low
19.9ACTFL level of functional proficiency in one language in addition to English is eligible
19.10to receive the state bilingual platinum seal. A high school graduate who demonstrates
19.11an advanced-low ACTFL level of functional proficiency in more than one language in
19.12addition to English is eligible to receive the state multilingual platinum seal.
19.13(d) School districts and charter schools
, in consultation with regional centers of
19.14excellence under section
120B.115, must may give students periodic opportunities to
19.15demonstrate their level of proficiency in listening, speaking, reading, and writing
in a
19.16language in addition to English. Where valid and reliable assessments are unavailable,
a
19.17school district or charter school may rely on
a licensed foreign language immersion teacher
19.18or a nonlicensed community expert under section
122A.25 evaluators trained in assessing
19.19under ACTFL proficiency guidelines to assess a student's level of foreign, heritage, or
19.20indigenous language proficiency under this section. School districts and charter schools
19.21must maintain appropriate records to identify high school graduates eligible to receive
the
19.22state bilingual or multilingual
seal gold and platinum seals. The school district or charter
19.23school must affix the appropriate seal to the transcript of each high school graduate
who
19.24meets the requirements of this subdivision and may affix the seal to the student's
diploma. A
19.25school district or charter school must not charge the high school graduate a fee for
this seal.
19.26(e) A school district or charter school may award elective course credits in world
19.27languages to a student who demonstrates the requisite proficiency in a language other
19.28than English under this section.
19.29(f) A school district or charter school may award community service credit to a
19.30student who demonstrates
level 3 an intermediate high or advanced low ACTFL level of
19.31functional
native proficiency in listening, speaking, reading, and writing in a language
19.32other than English and who participates in community service activities that are integrated
19.33into the curriculum, involve the participation of teachers, and support biliteracy
in the
19.34school or local community.
20.1(g)
The commissioner must develop a Web page for the electronic delivery of these
20.2seals. The commissioner must list on the Web page those assessments that are
equivalent
20.3to the Foreign Services Institute language aligned to ACTFL proficiency
tests guidelines.
20.4(h)
By August 1, 2015, the colleges and universities of the Minnesota State Colleges
20.5and Universities system must
award foreign language credits to a student who receives a
20.6state bilingual seal or a state multilingual seal under this subdivision and may establish
20.7criteria to translate the seals into college credits based on the world language course
20.8equivalencies identified by the Minnesota State Colleges and Universities faculty
and
20.9staff and, upon request from an enrolled student, the Minnesota State Colleges and
20.10Universities may award foreign language credits to a student who receives a Minnesota
20.11World Language Proficiency Certificate
or a Minnesota World Language Proficiency
20.12High Achievement Certificate under subdivision 1a.
A student who demonstrated the
20.13requisite level of language proficiency in grade 10, 11, or 12 to receive a seal or
certificate
20.14and is enrolled in a Minnesota State Colleges and Universities institution must request
20.15college credits for the student's seal or proficiency certificate within three academic
years
20.16after graduating from high school. The University of Minnesota is encouraged to award
20.17students foreign language academic credits consistent with this paragraph.
20.18EFFECTIVE DATE.This section is effective the day following final enactment and
20.19applies beginning with students graduating in the 2014-2015 school year who demonstrate
20.20the requisite language proficiency in grade 10, 11, or 12.
20.21 Sec. 4. Minnesota Statutes 2014, section 120B.12, subdivision 4a, is amended to read:
20.22 Subd. 4a.
Local literacy plan. (a) Consistent with this section, a school district
20.23must adopt a local literacy plan to have every child reading at or above grade level
no
20.24later than the end of grade 3, including English learners. The plan must
be consistent with
20.25section 122A.06, subdivision 4, and include
the following:
20.26(1) a process to assess students' level of reading proficiency
, and data to support the
20.27effectiveness of an assessment used to screen and identify a student's level of reading
20.28proficiency;
20.29(2) a process to notify and involve parents
, intervene with;
20.30(3) a description of how schools in the district will determine the proper reading
20.31intervention strategy for a student and the process for intensifying or modifying
the
20.32reading strategy in order to obtain measurable reading progress;
20.33(4) evidence-based intervention methods for students who are not reading at or
20.34above grade level
, and identify and meet and progress monitoring to provide information
20.35on the effectiveness of the intervention; and
21.1(5) identification of staff development needs
, including a program to meet those
21.2needs.
21.3(b) The district must post its literacy plan on the official school district Web site.
21.4EFFECTIVE DATE.This section is effective for fiscal year 2016 and later.
21.5 Sec. 5. Minnesota Statutes 2014, section 120B.13, subdivision 4, is amended to read:
21.6 Subd. 4.
Rigorous course taking information; AP, IB, and PSEO. The
21.7commissioner shall submit the following information on rigorous course taking
,
21.8disaggregated by student subgroup, school district, and postsecondary institution,
to the
21.9education committees of the legislature each year by February 1:
21.10(1) the number of pupils enrolled in postsecondary enrollment options under section
21.11124D.09
, including concurrent enrollment,
career and technical education courses offered
21.12as a concurrent enrollment course, advanced placement, and international baccalaureate
21.13courses in each school district;
21.14(2) the number of teachers in each district attending training programs offered by
the
21.15college board, International Baccalaureate North America, Inc., or Minnesota concurrent
21.16enrollment programs;
21.17(3) the number of teachers in each district participating in support programs;
21.18(4) recent trends in the field of postsecondary enrollment options under section
21.19124D.09
, including concurrent enrollment, advanced placement, and international
21.20baccalaureate programs;
21.21(5) expenditures for each category in this section and under sections
124D.09 and
21.22124D.091, including career and technical education courses offered as a concurrent
21.23enrollment course
; and
21.24(6) other recommendations for the state program or the postsecondary enrollment
21.25options under section
124D.09, including concurrent enrollment.
21.26 Sec. 6. Minnesota Statutes 2014, section 120B.30, subdivision 3, is amended to read:
21.27 Subd. 3.
Reporting. The commissioner shall report test results publicly and to
21.28stakeholders, including the performance achievement levels developed from students'
21.29unweighted test scores in each tested subject and a listing of demographic factors
that
21.30strongly correlate with student performance
, including student homelessness, among other
21.31factors. The test results must not include personally identifiable information as defined
in
21.32Code of Federal Regulations, title 34, section 99.3. The commissioner shall also report
21.33data that compares performance results among school sites, school districts, Minnesota
21.34and other states, and Minnesota and other nations. The commissioner shall disseminate
to
22.1schools and school districts a more comprehensive report containing testing information
22.2that meets local needs for evaluating instruction and curriculum. The commissioner
22.3shall disseminate to charter school authorizers a more comprehensive report containing
22.4testing information that contains anonymized data where cell count data are sufficient
to
22.5protect student identity and that meets the authorizer's needs in fulfilling its obligations
22.6under section
124D.10.
22.7EFFECTIVE DATE.This section is effective the day following final enactment
22.8and applies to school year reports for the 2015-2016 school year and later.
22.9 Sec. 7. Minnesota Statutes 2014, section 120B.31, subdivision 4, is amended to read:
22.10 Subd. 4.
Student performance data. In developing policies and assessment
22.11processes to hold schools and districts accountable for high levels of academic standards
22.12under section
120B.021, the commissioner shall aggregate student data over time to
22.13report student performance and growth levels measured at the school, school district,
and
22.14statewide level. When collecting and reporting the performance data, the commissioner
22.15shall organize and report the data so that state and local policy makers can understand
the
22.16educational implications of changes in districts' demographic profiles over time
, including
22.17student homelessness, among other demographic factors. Any report the commissioner
22.18disseminates containing summary data on student performance must integrate student
22.19performance and the demographic factors that strongly correlate with that performance.
22.20EFFECTIVE DATE.This section is effective the day following final enactment
22.21and applies to school year reports for the 2015-2016 school year and later.
22.22 Sec. 8. Minnesota Statutes 2014, section 120B.36, subdivision 1, is amended to read:
22.23 Subdivision 1.
School performance reports. (a) The commissioner shall report
22.24student academic performance under section
120B.35, subdivision 2; the percentages of
22.25students showing low, medium, and high growth under section
120B.35, subdivision
22.263
, paragraph (b); school safety and student engagement and connection under section
22.27120B.35
, subdivision 3, paragraph (d); rigorous coursework under section
120B.35,
22.28subdivision 3
, paragraph (c); the percentage of students under section
120B.35,
22.29subdivision 3
, paragraph (b), clause (2), whose progress and performance levels are
22.30meeting career and college readiness benchmarks under sections
120B.30, subdivision 1,
22.31and
120B.35, subdivision 3, paragraph (e); longitudinal data on the progress of eligible
22.32districts in reducing disparities in students' academic achievement and realizing
racial
22.33and economic integration under section
124D.861; the acquisition of English, and
23.1where practicable, native language academic literacy, including oral academic language,
23.2and the academic progress of English learners under section
124D.59, subdivisions
23.32
and 2a; two separate student-to-teacher ratios that clearly indicate the definition
of
23.4teacher consistent with sections
122A.06 and
122A.15 for purposes of determining these
23.5ratios; staff characteristics excluding salaries; student enrollment demographics;
student
23.6homelessness and district mobility; and extracurricular activities. The report also must
23.7indicate a school's adequate yearly progress status under applicable federal law,
and must
23.8not set any designations applicable to high- and low-performing schools due solely
to
23.9adequate yearly progress status.
23.10 (b) The commissioner shall develop, annually update, and post on the department
23.11Web site school performance reports.
23.12 (c) The commissioner must make available performance reports by the beginning
23.13of each school year.
23.14 (d) A school or district may appeal its adequate yearly progress status in writing
to
23.15the commissioner within 30 days of receiving the notice of its status. The commissioner's
23.16decision to uphold or deny an appeal is final.
23.17 (e) School performance data are nonpublic data under section
13.02, subdivision 9,
23.18until the commissioner publicly releases the data. The commissioner shall annually
post
23.19school performance reports to the department's public Web site no later than September
1,
23.20except that in years when the reports reflect new performance standards, the commissioner
23.21shall post the school performance reports no later than October 1.
23.22EFFECTIVE DATE.This section is effective the day following final enactment
23.23and applies to school year reports for the 2015-2016 school year and later.
23.24 Sec. 9. Minnesota Statutes 2014, section 122A.09, subdivision 4, is amended to read:
23.25 Subd. 4.
License and rules. (a) The board must adopt rules to license public school
23.26teachers and interns subject to chapter 14.
23.27(b) The board must adopt rules requiring a person to pass a
college-level skills
23.28examination in reading, writing, and mathematics or attain either
a composite score
23.29composed of the average of the essentially equivalent passing scores in English and
23.30writing, reading, and mathematics on the ACT Plus Writing recommended by the board,
23.31or
an equivalent composite score composed of the average of the essentially equivalent
23.32passing scores in critical reading, mathematics, and writing on the SAT recommended
23.33by the board, as a requirement for initial teacher licensure, except that the board
may
23.34issue up to two temporary, one-year teaching licenses to an otherwise qualified candidate
23.35who has not yet passed the
college-level skills exam or attained
the requisite composite
24.1score essentially equivalent passing scores on the ACT Plus Writing or SAT. Such rules
24.2must require college and universities offering a board-approved teacher preparation
24.3program to provide remedial assistance to persons who did not achieve a qualifying
24.4score on the
college-level skills examination or attain
the requisite composite score
24.5essentially equivalent passing scores on the ACT Plus Writing or SAT, including those
24.6for whom English is a second language. The requirement to pass a reading, writing,
24.7and mathematics
college-level skills examination or attain
the requisite composite score
24.8essentially equivalent passing scores on the ACT Plus Writing or SAT does not apply to
24.9nonnative English speakers, as verified by qualified Minnesota school district personnel
24.10or Minnesota higher education faculty, who, after meeting the content and pedagogy
24.11requirements under this subdivision, apply for a teaching license to provide direct
24.12instruction in their native language or world language instruction under section
120B.022,
24.13subdivision 1
. A teacher candidate's official ACT Plus Writing or SAT composite score
24.14report to the board must not be more than ten years old at the time of licensure.
24.15(c) The board must adopt rules to approve teacher preparation programs. The board,
24.16upon the request of a postsecondary student preparing for teacher licensure or a licensed
24.17graduate of a teacher preparation program, shall assist in resolving a dispute between
the
24.18person and a postsecondary institution providing a teacher preparation program when
the
24.19dispute involves an institution's recommendation for licensure affecting the person
or the
24.20person's credentials. At the board's discretion, assistance may include the application
24.21of chapter 14.
24.22(d) The board must provide the leadership and adopt rules for the redesign of teacher
24.23education programs to implement a research based, results-oriented curriculum that
24.24focuses on the skills teachers need in order to be effective.
Among other components,
24.25teacher preparation programs are encouraged to provide a school-year-long student
24.26teaching program that combines clinical opportunities with academic coursework and
24.27in-depth student teaching experiences to offer students ongoing mentorship, coaching
24.28and assessment, help to prepare a professional development plan, and structured
24.29learning experiences. The board shall implement new systems of teacher preparation
24.30program evaluation to assure program effectiveness based on proficiency of graduates
in
24.31demonstrating attainment of program outcomes. Teacher preparation programs including
24.32alternative teacher preparation programs under section
122A.245, among other programs,
24.33must include a content-specific, board-approved, performance-based assessment that
24.34measures teacher candidates in three areas: planning for instruction and assessment;
24.35engaging students and supporting learning; and assessing student learning. The board's
24.36redesign rules must include creating flexible, specialized teaching licenses, credentials,
25.1and other endorsement forms to increase students' participation in language immersion
25.2programs, world language instruction, career development opportunities, work-based
25.3learning, early college courses and careers, career and technical programs, Montessori
25.4schools, and project and place-based learning, among other career and college ready
25.5learning offerings.
25.6(e) The board must adopt rules requiring candidates for initial licenses to pass an
25.7examination of general pedagogical knowledge and examinations of licensure-specific
25.8teaching skills. The rules shall be effective by September 1, 2001. The rules under
this
25.9paragraph also must require candidates for initial licenses to teach prekindergarten
or
25.10elementary students to pass, as part of the examination of licensure-specific teaching
25.11skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive,
25.12scientifically based reading instruction under section
122A.06, subdivision 4, and their
25.13knowledge and understanding of the foundations of reading development, the development
25.14of reading comprehension, and reading assessment and instruction, and their ability
to
25.15integrate that knowledge and understanding.
25.16(f) The board must adopt rules requiring teacher educators to work directly with
25.17elementary or secondary school teachers in elementary or secondary schools to obtain
25.18periodic exposure to the elementary or secondary teaching environment.
25.19(g) The board must grant licenses to interns and to candidates for initial licenses
25.20based on appropriate professional competencies that are aligned with the board's licensing
25.21system and students' diverse learning needs. All teacher candidates must have preparation
25.22in English language development and content instruction for English learners in order
to be
25.23able to effectively instruct the English learners in their classrooms. The board must
include
25.24these licenses in a statewide differentiated licensing system that creates new leadership
25.25roles for successful experienced teachers premised on a collaborative professional
culture
25.26dedicated to meeting students' diverse learning needs in the 21st century, recognizes
the
25.27importance of cultural and linguistic competencies, including the ability to teach
and
25.28communicate in culturally competent and aware ways, and formalizes mentoring and
25.29induction for newly licensed teachers provided through a teacher support framework.
25.30(h) The board must design and implement an assessment system which requires a
25.31candidate for an initial license and first continuing license to demonstrate the abilities
25.32necessary to perform selected, representative teaching tasks at appropriate levels.
25.33(i) The board must receive recommendations from local committees as established
25.34by the board for the renewal of teaching licenses. The board must require licensed
teachers
25.35who are renewing a continuing license to include in the renewal requirements further
26.1preparation in English language development and specially designed content instruction
26.2in English for English learners.
26.3(j) The board must grant life licenses to those who qualify according to requirements
26.4established by the board, and suspend or revoke licenses pursuant to sections
122A.20 and
26.5214.10
. The board must not establish any expiration date for application for life licenses.
26.6(k) The board must adopt rules that require all licensed teachers who are renewing
26.7their continuing license to include in their renewal requirements further preparation
in
26.8the areas of using positive behavior interventions and in accommodating, modifying,
and
26.9adapting curricula, materials, and strategies to appropriately meet the needs of individual
26.10students and ensure adequate progress toward the state's graduation rule.
26.11(l) In adopting rules to license public school teachers who provide health-related
26.12services for disabled children, the board shall adopt rules consistent with license
or
26.13registration requirements of the commissioner of health and the health-related boards
who
26.14license personnel who perform similar services outside of the school.
26.15(m) The board must adopt rules that require all licensed teachers who are renewing
26.16their continuing license to include in their renewal requirements further reading
26.17preparation, consistent with section
122A.06, subdivision 4. The rules do not take effect
26.18until they are approved by law. Teachers who do not provide direct instruction including,
at
26.19least, counselors, school psychologists, school nurses, school social workers, audiovisual
26.20directors and coordinators, and recreation personnel are exempt from this section.
26.21(n) The board must adopt rules that require all licensed teachers who are renewing
26.22their continuing license to include in their renewal requirements further preparation,
26.23first, in understanding the key warning signs of early-onset mental illness in children
26.24and adolescents and then, during subsequent licensure renewal periods, preparation
may
26.25include providing a more in-depth understanding of students' mental illness trauma,
26.26accommodations for students' mental illness, parents' role in addressing students'
mental
26.27illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section
125A.0942
26.28governing restrictive procedures, and de-escalation methods, among other similar topics.
26.29(o) The board must adopt rules by January 1, 2016, to license applicants under
26.30sections 122A.23 and 122A.245. The rules must permit applicants to demonstrate their
26.31qualifications through the board's recognition of a teaching license from another
state
26.32in a similar content field, completion of a state-approved teacher preparation program,
26.33teaching experience as the teacher of record in a similar licensure field, depth of
content
26.34knowledge, depth of content methods or general pedagogy, subject-specific professional
26.35development and contribution to the field, or classroom performance as determined
by
26.36documented student growth on normed assessments or documented effectiveness on
27.1evaluations. The rules must adopt criteria for determining a "similar content field"
and
27.2"similar licensure area."
27.3EFFECTIVE DATE.This section is effective the day following final enactment
27.4and applies to all candidates seeking initial teacher licensure, including those holding
a
27.5temporary, one-year teaching license.
27.6 Sec. 10. Minnesota Statutes 2014, section 122A.09, is amended by adding a
27.7subdivision to read:
27.8 Subd. 4a. Teacher and administrator preparation and performance data;
27.9report. (a) The Board of Teaching and the Board of School Administrators, in cooperation
27.10with the Minnesota Association of Colleges of Teacher Education and Minnesota colleges
27.11and universities offering board-approved teacher or administrator preparation programs,
27.12annually must collect and report summary data on teacher and administrator preparation
27.13and performance outcomes, consistent with this subdivision. The Board of Teaching
27.14and the Board of School Administrators annually by June 1 must update and post the
27.15reported summary preparation and performance data on teachers and administrators from
27.16the preceding school years on a Web site hosted jointly by the boards.
27.17(b) Publicly reported summary data on teacher preparation programs must include:
27.18student entrance requirements for each Board of Teaching-approved program, including
27.19grade point average for enrolling students in the preceding year; the average college-level
27.20skills examination or ACT or SAT scores of students entering the program in the preceding
27.21year; summary data on faculty qualifications, including at least the content areas
of faculty
27.22undergraduate and graduate degrees and their years of experience either as kindergarten
27.23through grade 12 classroom teachers or school administrators; the average time resident
27.24and nonresident program graduates in the preceding year needed to complete the program;
27.25the current number and percent of students by program who graduated, received a standard
27.26Minnesota teaching license, and were hired to teach full time in their licensure field
in a
27.27Minnesota district or school in the preceding year; the number of content area credits
and
27.28other credits by undergraduate program that students in the preceding school year
needed
27.29to complete to graduate; students' pass rates on skills and subject matter exams required
for
27.30graduation in each program and licensure area in the preceding school year; survey
results
27.31measuring student and graduate satisfaction with the program in the preceding school
27.32year; a standard measure of the satisfaction of school principals or supervising teachers
27.33with the student teachers assigned to a school or supervising teacher; and information
27.34under paragraphs (d) and (e). Program reporting must be consistent with subdivision
11.
28.1(c) Publicly reported summary data on administrator preparation programs
28.2approved by the Board of School Administrators must include: summary data on faculty
28.3qualifications, including at least the content areas of faculty undergraduate and
graduate
28.4degrees and their years of experience either as kindergarten through grade 12 classroom
28.5teachers or school administrators; the average time program graduates in the preceding
28.6year needed to complete the program; the current number and percent of students who
28.7graduated, received a standard Minnesota administrator license, and were employed
as an
28.8administrator in a Minnesota school district or school in the preceding year; the
number of
28.9credits by graduate program that students in the preceding school year needed to complete
28.10to graduate; survey results measuring student, graduate, and employer satisfaction
with
28.11the program in the preceding school year; and information under paragraphs (f) and
(g).
28.12Program reporting must be consistent with section 122A.14, subdivision 10.
28.13(d) School districts annually by October 1 must report to the Board of Teaching
28.14the following information for all teachers who finished the probationary period and
28.15accepted a continuing contract position with the district from September 1 of the
previous
28.16year through August 31 of the current year: the effectiveness category or rating of
the
28.17teacher on the summative evaluation under section 122A.40, subdivision 8, or 122A.41,
28.18subdivision 5; the licensure area in which the teacher primarily taught during the
28.19three-year evaluation cycle; and the teacher preparation program preparing the teacher
in
28.20the teacher's primary areas of instruction and licensure.
28.21(e) School districts annually by October 1 must report to the Board of Teaching the
28.22following information for all probationary teachers in the district who were released
or
28.23whose contracts were not renewed from September 1 of the previous year through August
28.2431 of the current year: the licensure areas in which the probationary teacher taught;
and
28.25the teacher preparation program preparing the teacher in the teacher's primary areas
of
28.26instruction and licensure.
28.27(f) School districts annually by October 1 must report to the Board of School
28.28Administrators the following information for all school principals and assistant principals
28.29who finished the probationary period and accepted a continuing contract position with
the
28.30district from September 1 of the previous year through August 31 of the current year:
the
28.31effectiveness category or rating of the principal or assistant principal on the summative
28.32evaluation under section 123B.147, subdivision 3; and the principal preparation program
28.33providing instruction to the principal or assistant principal.
28.34(g) School districts annually by October 1 must report to the Board of School
28.35Administrators all probationary school principals and assistant principals in the
district
29.1who were released or whose contracts were not renewed from September 1 of the previous
29.2year through August 31 of the current year.
29.3EFFECTIVE DATE.This section is effective July 1, 2016.
29.4 Sec. 11. Minnesota Statutes 2014, section 122A.09, is amended by adding a
29.5subdivision to read:
29.6 Subd. 11. Teacher preparation program reporting. By December 31, 2018, and
29.7annually thereafter, the Board of Teaching shall report and publish on its Web site
the
29.8cumulative summary results of at least three consecutive years of data reported to
the board
29.9under subdivision 4a, paragraph (b). Where the data are sufficient to yield statistically
29.10reliable information and the results would not reveal personally identifiable information
29.11about an individual teacher, the board shall report the data by teacher preparation
program.
29.12 Sec. 12. Minnesota Statutes 2014, section 122A.14, subdivision 3, is amended to read:
29.13 Subd. 3.
Rules for continuing education requirements. The board shall
29.14adopt rules establishing continuing education requirements that promote continuous
29.15improvement and acquisition of new and relevant skills by school administrators.
29.16Continuing education programs, among other things, must provide school administrators
29.17with information and training about building coherent and effective English learner
29.18strategies that include relevant professional development, accountability for student
29.19progress, students' access to the general curriculum, and sufficient staff capacity
to effect
29.20these strategies.
A retired school principal who serves as a substitute principal or assistant
29.21principal for the same person on a day-to-day basis for no more than 15 consecutive
29.22school days is not subject to continuing education requirements as a condition of
serving
29.23as a substitute principal or assistant principal.
29.24EFFECTIVE DATE.This section is effective the day following final enactment.
29.25 Sec. 13. Minnesota Statutes 2014, section 122A.14, is amended by adding a
29.26subdivision to read:
29.27 Subd. 10. Principal preparation program reporting. By December 31, 2018, and
29.28annually thereafter, the Board of School Administrators shall report and publish on
its
29.29Web site the cumulative summary results of three years of data reported to the board
under
29.30section 122A.09, subdivision 4a, paragraph (c), for each principal preparation program.
29.31 Sec. 14. Minnesota Statutes 2014, section 122A.18, subdivision 2, is amended to read:
30.1 Subd. 2.
Teacher and support personnel qualifications. (a) The Board of
30.2Teaching must issue licenses under its jurisdiction to persons the board finds to
be
30.3qualified and competent for their respective positions
, including those who meet the
30.4standards adopted under section 122A.09, subdivision 4, paragraph (o).
30.5(b) The board must require a person to pass an examination of
college-level skills
30.6in reading, writing, and mathematics or attain either
a composite score composed of
30.7the average of the
passing scores in English and writing, reading, and mathematics on
30.8the ACT Plus Writing recommended by the board, or
an equivalent
composite score
30.9composed of the average of the passing scores in critical reading, mathematics, and
30.10writing on the SAT recommended by the board, before being granted an initial teaching
30.11license to provide direct instruction to pupils in prekindergarten, elementary, secondary,
30.12or special education programs, except that the board may issue up to two temporary,
30.13one-year teaching licenses to an otherwise qualified candidate who has not yet passed
the
30.14college-level skills exam or attained
the requisite composite score essentially equivalent
30.15passing scores on the ACT Plus Writing or SAT.
At the request of a school district or
30.16charter school employer, the Board of Teaching must grant an additional temporary
30.17one-year teaching license to an otherwise qualified teacher, employed by the district
or
30.18charter school, who held a temporary one-year teaching license in the previous school
30.19year. The board must require colleges and universities offering a board approved teacher
30.20preparation program to make available upon request remedial assistance that includes
a
30.21formal diagnostic component to persons enrolled in their institution who did not achieve
a
30.22qualifying score on the
college-level skills examination or attain
the requisite composite
30.23ACT Plus Writing or SAT
score essentially equivalent passing scores, including those for
30.24whom English is a second language. The colleges and universities must make available
30.25assistance in the specific academic areas of candidates' deficiency. School districts
may
30.26make available upon request similar, appropriate, and timely remedial assistance that
30.27includes a formal diagnostic component to those persons employed by the district who
30.28completed their teacher education program, who did not achieve a qualifying score
on the
30.29college-level skills examination, or attain
the requisite composite ACT Plus Writing or
30.30SAT
score essentially equivalent passing scores, and who received a temporary license
30.31to teach in Minnesota. The Board of Teaching shall report annually to the education
30.32committees of the legislature on the total number of teacher candidates during the
most
30.33recent school year taking the
college-level skills examination, the number who achieve a
30.34qualifying score on the examination, the number who do not achieve a qualifying score
30.35on the examination, the distribution of all candidates' scores,
the number of candidates
30.36who have taken the examination at least once before, and the number of candidates
who
31.1have taken the examination at least once before and achieve a qualifying score, and the
31.2candidates who have not attained
the requisite composite ACT Plus Writing or SAT
score
31.3essentially equivalent passing scores or have not passed a content or pedagogy exam,
31.4disaggregated by categories of race, ethnicity, and eligibility for financial aid.
31.5(c) The Board of Teaching must grant continuing licenses only to those persons
31.6who
have met meet board criteria for granting a continuing license, which includes
31.7passing the
college-level skills examination in reading, writing, and mathematics or
31.8attaining
the requisite composite ACT Plus Writing or SAT
score essentially equivalent
31.9passing scores consistent with paragraph (b), and the exceptions in section
122A.09,
31.10subdivision 4
, paragraph (b), that are consistent with this paragraph. The requirement to
31.11pass a reading, writing, and mathematics
college-level skills examination, or attain
the
31.12requisite composite score essentially equivalent passing scores on the ACT Plus Writing
31.13or SAT does not apply to nonnative English speakers, as verified by qualified Minnesota
31.14school district personnel or Minnesota higher education faculty, who, after meeting
the
31.15content and pedagogy requirements under this subdivision, apply for a teaching license
to
31.16provide direct instruction in their native language or world language instruction
under
31.17section
120B.022, subdivision 1. A teacher candidate's official ACT Plus Writing or SAT
31.18composite score passing scores report to the board must not be more than ten years old
31.19at the time of licensure.
31.20(d) All colleges and universities approved by the board of teaching to prepare persons
31.21for teacher licensure must include in their teacher preparation programs a common
core
31.22of teaching knowledge and skills to be acquired by all persons recommended for teacher
31.23licensure. Among other requirements, teacher candidates must demonstrate the knowledge
31.24and skills needed to provide appropriate instruction to English learners to support
and
31.25accelerate their academic literacy, including oral academic language, and achievement
in
31.26content areas in a regular classroom setting. This common core shall meet the standards
31.27developed by the interstate new teacher assessment and support consortium in its 1992
31.28"model standards for beginning teacher licensing and development." Amendments to
31.29standards adopted under this paragraph are covered by chapter 14. The board of teaching
31.30shall report annually to the education committees of the legislature on the performance
31.31of teacher candidates on common core assessments of knowledge and skills under this
31.32paragraph during the most recent school year.
31.33EFFECTIVE DATE.This section is effective the day following final enactment
31.34and applies to all candidates seeking initial teacher licensure, including those holding
a
31.35temporary, one-year teaching license.
32.1 Sec. 15. Minnesota Statutes 2014, section 122A.20, subdivision 1, is amended to read:
32.2 Subdivision 1.
Grounds for revocation, suspension, or denial. (a) The Board of
32.3Teaching or Board of School Administrators, whichever has jurisdiction over a teacher's
32.4licensure, may, on the written complaint of the school board employing a teacher,
a teacher
32.5organization, or any other interested person, refuse to issue, refuse to renew, suspend,
or
32.6revoke a teacher's license to teach for any of the following causes:
32.7 (1) immoral character or conduct;
32.8 (2) failure, without justifiable cause, to teach for the term of the teacher's contract;
32.9 (3) gross inefficiency or willful neglect of duty;
32.10 (4) failure to meet licensure requirements; or
32.11 (5) fraud or misrepresentation in obtaining a license.
32.12 The written complaint must specify the nature and character of the charges.
32.13 (b) The Board of Teaching or Board of School Administrators, whichever
32.14has jurisdiction over a teacher's licensure, shall refuse to issue, refuse to renew,
or
32.15automatically revoke a teacher's license to teach without the right to a hearing upon
32.16receiving a certified copy of a conviction showing that the teacher has been convicted
32.17of child abuse, as defined in section
609.185,
sex trafficking in the first degree under
32.18section 609.322, subdivision 1, sex trafficking in the second degree under section
609.322,
32.19subdivision 1a, engaging in hiring, or agreeing to hire a minor to engage in prostitution
32.20under section 609.324, subdivision 1, sexual abuse under section
609.342,
609.343,
32.21609.344
,
609.345,
609.3451, subdivision 3, or
617.23, subdivision 3,
solicitation of
32.22children to engage in sexual conduct or communication of sexually explicit materials
32.23to children under section 609.352, interference with privacy under section 609.746
or
32.24stalking under section 609.749 and the victim was a minor, using minors in a sexual
32.25performance under section
617.246,
or possessing pornographic works involving a minor
32.26under section
617.247,
or any other offense not listed in this paragraph that requires the
32.27person to register as a predatory offender under section 243.166, or
a crime under a similar
32.28law of another state or the United States. The board shall send notice of this licensing
32.29action to the district in which the teacher is currently employed.
32.30 (c) A person whose license to teach has been revoked, not issued, or not renewed
32.31under paragraph (b), may petition the board to reconsider the licensing action if
the
32.32person's conviction for child abuse or sexual abuse is reversed by a final decision
of the
32.33Court of Appeals or the Supreme Court or if the person has received a pardon for the
32.34offense. The petitioner shall attach a certified copy of the appellate court's final
decision or
32.35the pardon to the petition. Upon receiving the petition and its attachment, the board
shall
32.36schedule and hold a disciplinary hearing on the matter under section
214.10, subdivision 2,
33.1unless the petitioner waives the right to a hearing. If the board finds that, notwithstanding
33.2the reversal of the petitioner's criminal conviction or the issuance of a pardon,
the
33.3petitioner is disqualified from teaching under paragraph (a), clause (1), the board
shall
33.4affirm its previous licensing action. If the board finds that the petitioner is not
disqualified
33.5from teaching under paragraph (a), clause (1), it shall reverse its previous licensing
action.
33.6 (d) For purposes of this subdivision, the Board of Teaching is delegated the authority
33.7to suspend or revoke coaching licenses.
33.8 Sec. 16. Minnesota Statutes 2014, section 122A.21, subdivision 2, is amended to read:
33.9 Subd. 2.
Licensure via portfolio. (a) An eligible candidate may use licensure
33.10via portfolio to obtain an initial licensure or to add a licensure field, consistent
with
the
33.11applicable Board of Teaching licensure rules.
33.12 (b) A candidate for initial licensure must submit to the Educator Licensing Division
33.13at the department one portfolio demonstrating pedagogical competence and one portfolio
33.14demonstrating content competence.
33.15 (c) A candidate seeking to add a licensure field must submit to the Educator
33.16Licensing Division at the department one portfolio demonstrating content competence.
33.17 (d)
The Board of Teaching must notify a candidate who submits a portfolio under
33.18paragraph (b) or (c) within 90 calendar days after the portfolio is received whether
or not
33.19the portfolio was approved. If the portfolio was not approved, the board must immediately
33.20inform the candidate how to revise the portfolio to successfully demonstrate the requisite
33.21competence. The candidate may resubmit a revised portfolio at any time and the Educator
33.22Licensing Division at the department must approve or disapprove the portfolio within
33.2360 calendar days of receiving it.
33.24 (e) A candidate must pay to the executive secretary of the Board of Teaching a
33.25$300 fee for the first portfolio submitted for review and a $200 fee for any portfolio
33.26submitted subsequently. The fees must be paid to the executive secretary of the Board
of
33.27Teaching. The revenue generated from the fee must be deposited in an education licensure
33.28portfolio account in the special revenue fund. The fees set by the Board of Teaching
are
33.29nonrefundable for applicants not qualifying for a license. The Board of Teaching may
33.30waive or reduce fees for candidates based on financial need.
33.31EFFECTIVE DATE.This section is effective the day following final enactment and
33.32applies to all portfolios submitted to the Educator Licensing Division at the department
33.33after that date.
33.34 Sec. 17. Minnesota Statutes 2014, section 122A.23, is amended to read:
34.1122A.23 APPLICANTS TRAINED IN OTHER STATES.
34.2 Subdivision 1.
Preparation equivalency. When a license to teach is authorized to
34.3be issued to any holder of a diploma or a degree of a Minnesota state university,
or of the
34.4University of Minnesota, or of a liberal arts university, or a technical training
institution,
34.5such license may also, in the discretion of the Board of Teaching or the commissioner
of
34.6education, whichever has jurisdiction, be issued to any holder of a diploma or a degree
34.7of a teacher training institution of equivalent rank and standing of any other state.
The
34.8diploma or degree must be granted by virtue of completing
a course coursework in teacher
34.9preparation
essentially equivalent in content to that required by such Minnesota state
34.10university or the University of Minnesota or a liberal arts university in Minnesota
or a
34.11technical training institution as preliminary to the granting of a diploma or a degree of the
34.12same rank and class. For purposes of granting a Minnesota teaching license to a person
34.13who receives a diploma or degree from a state-accredited, out-of-state teacher training
34.14program leading to licensure, the Board of Teaching must establish criteria and streamlined
34.15procedures
by January 1, 2016, to recognize the experience and professional credentials of
34.16the person holding the out-of-state diploma or degree and allow that person to demonstrate
34.17to the board the person's qualifications for receiving a Minnesota teaching license
based
34.18on performance measures the board adopts
by January 1, 2016, under this section.
34.19 Subd. 2.
Applicants licensed in other states. (a) Subject to the requirements
34.20of sections
122A.18, subdivision 8, and
123B.03, the Board of Teaching must issue a
34.21teaching license or a temporary teaching license under paragraphs
(b) (c) to
(e) (f) to an
34.22applicant who holds at least a baccalaureate degree from a regionally accredited college
34.23or university and holds or held
a similar an out-of-state teaching license that requires the
34.24applicant to successfully complete a teacher preparation program approved by the issuing
34.25state, which includes
either (1) field-specific teaching methods
and, student teaching
, or
34.26essentially equivalent experience
, or (2) at least two years of teaching experience as the
34.27teacher of record in a similar licensure field.
34.28(b)
The Board of Teaching may issue a standard license on the basis of teaching
34.29experience and examination requirements only.
34.30(c) The Board of Teaching must issue a teaching license to an applicant who:
34.31(1) successfully completed all exams and human relations preparation components
34.32required by the Board of Teaching; and
34.33(2) holds or held an out-of-state teaching license to teach
the same a similar content
34.34field and grade levels if the scope of the out-of-state license is no more than two
grade
34.35levels less than a similar Minnesota license
, and either (i) has completed field-specific
35.1teaching methods, student teaching, or equivalent experience, or (ii) has at least
two years
35.2of teaching experience as the teacher of record in a similar licensure field.
35.3(c) (d) The Board of Teaching, consistent with board rules and paragraph
(h) (i),
35.4must issue up to three one-year temporary teaching licenses to an applicant who holds
or
35.5held an out-of-state teaching license to teach
the same a similar content field and grade
35.6levels, where the scope of the out-of-state license is no more than two grade levels
less
35.7than a similar Minnesota license, but has not successfully completed all exams and
human
35.8relations preparation components required by the Board of Teaching.
35.9(d) (e) The Board of Teaching, consistent with board rules, must issue up to three
35.10one-year temporary teaching licenses to an applicant who:
35.11(1) successfully completed all exams and human relations preparation components
35.12required by the Board of Teaching; and
35.13(2) holds or held an out-of-state teaching license to teach
the same a similar content
35.14field and grade levels, where the scope of the out-of-state license is no more than
two
35.15grade levels less than a similar Minnesota license, but has not completed field-specific
35.16teaching methods or student teaching or equivalent experience.
35.17The applicant may complete field-specific teaching methods and student teaching
35.18or equivalent experience by successfully participating in a one-year school district
35.19mentorship program consistent with board-adopted standards of effective practice and
35.20Minnesota graduation requirements.
35.21(e) (f) The Board of Teaching must issue a temporary teaching license for a term
35.22of up to three years only in the content field or grade levels specified in the out-of-state
35.23license to an applicant who:
35.24(1) successfully completed all exams and human relations preparation components
35.25required by the Board of Teaching; and
35.26(2) holds or held an out-of-state teaching license where the out-of-state license
is
35.27more limited in the content field or grade levels than a similar Minnesota license.
35.28(f) (g) The Board of Teaching must not issue to an applicant more than three
35.29one-year temporary teaching licenses under this subdivision.
35.30(g) (h) The Board of Teaching
must not may issue a license under this subdivision if
35.31the applicant has
not attained the additional degrees, credentials, or licenses required in
35.32a particular licensure field
and the applicant can demonstrate competency by obtaining
35.33qualifying scores on the college-level skills examination in reading, writing, and
35.34mathematics or demonstrating attainment of essentially equivalent passing scores on
the
35.35ACT Plus Writing or SAT, and on applicable board-approved rigorous content area and
35.36pedagogy examinations under section 122A.09, subdivision 4, paragraphs (a) and (e).
36.1(h) (i) The Board of Teaching must require an applicant for a teaching license
36.2or a temporary teaching license under this subdivision to pass a
college-level skills
36.3examination in reading, writing, and mathematics or demonstrate, consistent with section
36.4122A.09, subdivision
4, the applicant's attainment of either
the requisite composite ACT
36.5Plus Writing or SAT
score essentially equivalent passing scores before the board issues
36.6the license unless, notwithstanding other provisions of this subdivision, an applicable
36.7board-approved National Association of State Directors of Teacher Education interstate
36.8reciprocity agreement exists to allow fully certified teachers from other states to
transfer
36.9their certification to Minnesota.
36.10 Subd. 3. Teacher licensure agreements with adjoining states. (a) Notwithstanding
36.11other law to the contrary, the Board of Teaching must enter into interstate agreements
for
36.12teacher licensure to allow fully certified teachers from adjoining states to transfer
their
36.13certification to Minnesota and receive a full, five-year continuing teaching license
without
36.14having to complete any additional exams or other preparation requirements. The board
36.15must enter into these interstate agreements only after determining that the rigor
of the
36.16teacher licensure or certification requirements in the adjoining state is commensurate
with
36.17the rigor of Minnesota's teacher licensure requirements. The board may limit an interstate
36.18agreement to particular content fields or grade levels based on established priorities
or
36.19identified shortages. This subdivision does not apply to out-of-state applicants holding
36.20only a provisional teaching license.
36.21(b) The Board of Teaching is strongly encouraged to work with designated
36.22authorities in adjoining states to establish reciprocal interstate teacher licensure
36.23agreements under this section.
36.24EFFECTIVE DATE.This section is effective August 1, 2015.
36.25 Sec. 18. Minnesota Statutes 2014, section 122A.245, subdivision 1, is amended to read:
36.26 Subdivision 1.
Requirements. (a) To improve academic excellence, improve ethnic
36.27and cultural diversity in the classroom, and close the academic achievement gap, the
36.28Board of Teaching must approve qualified teacher preparation programs under this section
36.29that are a means to acquire a two-year limited-term license, which the board may renew
36.30one time for an additional one-year term, and to prepare for acquiring a standard
license.
36.31The following entities are eligible to participate under this section:
36.32(1) a school district
or, charter school
, or nonprofit corporation organized under
36.33chapter 317A for an education-related purpose that forms a partnership with a college or
36.34university that has a board-approved alternative teacher preparation program; or
37.1(2) a school district
or, charter school,
or nonprofit corporation organized under
37.2chapter 317A for an education-related purpose after consulting with a college or university
37.3with a board-approved teacher preparation program
, that forms a partnership with a
37.4nonprofit corporation organized under chapter 317A for an education-related purpose
that
37.5has a board-approved teacher preparation program.
37.6(b) Before
participating in this program becoming a teacher of record, a candidate
37.7must:
37.8(1) have a bachelor's degree with a 3.0 or higher grade point average unless the
37.9board waives the grade point average requirement based on board-adopted criteria
adopted
37.10by January 1, 2016;
37.11(2) pass the reading, writing, and mathematics
college-level skills examination under
37.12section
122A.09, subdivision 4, paragraph (b)
, or demonstrate attainment of either ACT
37.13Plus Writing or SAT essentially equivalent passing scores; and
37.14(3) obtain qualifying scores on applicable board-approved rigorous content area and
37.15pedagogy examinations under section
122A.09, subdivision 4, paragraph (e).
37.16(c) The Board of Teaching must issue a two-year limited-term license to a person
37.17who enrolls in an alternative teacher preparation program.
This limited term license is not
37.18a provisional license under section 122A.40 or 122A.41.
37.19 Sec. 19. Minnesota Statutes 2014, section 122A.245, subdivision 3, is amended to read:
37.20 Subd. 3.
Program approval; disapproval. (a) The Board of Teaching must approve
37.21alternative teacher preparation programs under this section based on board-adopted
37.22criteria that reflect best practices for alternative teacher preparation programs,
consistent
37.23with this section.
37.24(b) The board must permit teacher candidates to demonstrate mastery of pedagogy
37.25and content standards in school-based settings and through other nontraditional means.
37.26"Nontraditional means" must include a portfolio of previous experiences, teaching
37.27experience, educator evaluations, certifications marking the completion of education
37.28training programs, and essentially equivalent demonstrations.
37.29(c) The board must use nontraditional criteria to determine the qualifications of
37.30program instructors.
37.31(d) The board may permit instructors to hold a baccalaureate degree only.
37.32(b) (e) If the Board of Teaching determines that a teacher preparation program under
37.33this section does not meet the requirements of this section, it may revoke its approval
37.34of the program after it notifies the program provider of any deficiencies and gives
the
37.35program provider an opportunity to remedy the deficiencies.
38.1 Sec. 20. Minnesota Statutes 2014, section 122A.245, subdivision 7, is amended to read:
38.2 Subd. 7.
Standard license. The Board of Teaching must issue a standard license
38.3to an otherwise qualified teacher candidate under this section who successfully performs
38.4throughout a program under this section,
successfully completes all required obtains
38.5qualifying scores on applicable board-approved rigorous college-level skills, pedagogy,
38.6and content area examinations under section
122A.09, subdivision 4, paragraphs (a) and
38.7(e), and is recommended for licensure under subdivision 5 or successfully demonstrates
to
38.8the board qualifications for licensure under subdivision 6.
38.9 Sec. 21. Minnesota Statutes 2014, section 122A.25, is amended to read:
38.10122A.25 NONLICENSED COMMUNITY EXPERTS; VARIANCE.
38.11 Subdivision 1.
Authorization. Notwithstanding any law
, Board of Teaching rule, or
38.12commissioner of education rule to the contrary,
the Board of Teaching may allow school
38.13districts or charter schools
to may hire nonlicensed community experts to teach in the
38.14public schools or charter schools on a limited basis according to this section
after making
38.15efforts to obtain acceptable licensed teachers for the particular course or subject
area,
38.16consistent with subdivision 2, clause (3). A school district or charter school must
notify a
38.17student's parent or guardian before placing the student in the classroom of a nonlicensed
38.18community expert hired by the district or school to provide instruction under this
section.
38.19 Subd. 2.
Applications Reports; criteria. The school district or charter school
38.20shall
apply report to the Board of Teaching
for approval when it uses a variance to hire
38.21nonlicensed teaching personnel from the community.
In approving or disapproving the
38.22application for each community expert, The
board report shall
consider include:
38.23(1) the qualifications of the community person whom the district or charter school
38.24proposes to employ employs;
38.25(2) the
unique and compelling reasons for the need for a variance from the teacher
38.26licensure requirements;
38.27(3) the district's efforts to obtain licensed teachers, who are acceptable to the
school
38.28board, for the particular course or subject area or the charter school's efforts to
obtain
38.29licensed teachers for the particular course or subject area;
38.30(4) the amount of teaching time for which the community expert
would be is hired;
38.31(5) the extent to which the district or charter school
is utilizing uses other
38.32nonlicensed community experts under this section;
38.33(6) the nature of the community expert's
proposed teaching responsibility; and
38.34(7) the
proposed level of compensation to
be paid to the community expert.
39.1 Subd. 3.
Approval of plan Comment on variance. The Board of Teaching
shall
39.2approve or disapprove an application may comment on a district or charter school report
39.3under subdivision 2 within 60 days of receiving it
from a school and the district or charter
39.4school
must post the comment on its official Web site.
39.5 Subd. 4.
Background check. A school district or charter school shall
provide
39.6confirm to the Board of Teaching
with confirmation that criminal background checks
have
39.7been were completed for all nonlicensed community experts employed by the district or
39.8charter school
and approved by the Board of Teaching under this section.
39.9EFFECTIVE DATE.This section is effective the day following final enactment
39.10and applies to all nonlicensed community experts hired or sponsored after that date.
39.11 Sec. 22. Minnesota Statutes 2014, section 122A.30, is amended to read:
39.12122A.30 EXEMPTION FOR TECHNICAL COLLEGE EDUCATION
39.13INSTRUCTORS.
39.14Notwithstanding section
122A.15, subdivision 1,
and upon approval of the local
39.15employer school board, a person who teaches in a part-time vocational
or career and
39.16technical education program
not more than 61 hours per fiscal year is exempt from a
39.17license requirement.
39.18EFFECTIVE DATE.This section is effective the day following final enactment
39.19and applies to all technical education instructors hired after that date.
39.20 Sec. 23. Minnesota Statutes 2014, section 122A.40, subdivision 5, is amended to read:
39.21 Subd. 5.
Probationary period. (a) The first three consecutive years of a teacher's
39.22first teaching experience in Minnesota in a single district is deemed to be a probationary
39.23period of employment, and, the probationary period in each district in which the teacher
is
39.24thereafter employed shall be one year. The school board must adopt a plan for written
39.25evaluation of teachers during the probationary period that is consistent with subdivision
39.268. Evaluation must occur at least three times periodically throughout each school
year
39.27for a teacher performing services during that school year; the first evaluation must
occur
39.28within the first 90 days of teaching service. Days devoted to parent-teacher conferences,
39.29teachers' workshops, and other staff development opportunities and days on which a
39.30teacher is absent from school must not be included in determining the number of school
39.31days on which a teacher performs services. Except as otherwise provided in paragraph
39.32(b), during the probationary period any annual contract with any teacher may or may
not
39.33be renewed
(1) as the school board shall see fit
, or (2) consistent with the negotiated
40.1unrequested leave of absence plan in effect under subdivision 10. However, the board
40.2must give any such teacher whose contract it declines to renew for the following school
40.3year written notice to that effect before July 1. If the teacher requests reasons
for any
40.4nonrenewal of a teaching contract, the board must give the teacher its reason in writing,
40.5including a statement that appropriate supervision was furnished describing the nature
and
40.6the extent of such supervision furnished the teacher during the employment by the
board,
40.7within ten days after receiving such request. The school board may, after a hearing
held
40.8upon due notice, discharge a teacher during the probationary period for cause, effective
40.9immediately, under section
122A.44.
40.10(b) A board must discharge a probationary teacher, effective immediately, upon
40.11receipt of notice under section
122A.20, subdivision 1, paragraph (b), that the teacher's
40.12license has been revoked due to a conviction for child abuse or sexual abuse.
40.13(c) A probationary teacher whose first three years of consecutive employment are
40.14interrupted for active military service and who promptly resumes teaching consistent
with
40.15federal reemployment timelines for uniformed service personnel under United States
40.16Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
40.17for purposes of paragraph (a).
40.18(d) A probationary teacher whose first three years of consecutive employment are
40.19interrupted for maternity, paternity, or medical leave and who resumes teaching within
12
40.20months of when the leave began is considered to have a consecutive teaching experience
40.21for purposes of paragraph (a) if the probationary teacher completes a combined total
of
40.22three years of teaching service immediately before and after the leave.
40.23(e) A probationary teacher must complete at least 120 days of teaching service each
40.24year during the probationary period. Days devoted to parent-teacher conferences, teachers'
40.25workshops, and other staff development opportunities and days on which a teacher is
40.26absent from school do not count as days of teaching service under this paragraph.
40.27EFFECTIVE DATE.This section is effective the day following final enactment.
40.28 Sec. 24. Minnesota Statutes 2014, section 122A.40, subdivision 8, is amended to read:
40.29 Subd. 8.
Development, evaluation, and peer coaching for continuing contract
40.30teachers. (a) To improve student learning and success, a school board and an exclusive
40.31representative of the teachers in the district, consistent with paragraph (b), may
develop
40.32a teacher evaluation and peer review process for probationary and continuing contract
40.33teachers through joint agreement. If a school board and the exclusive representative
of the
40.34teachers do not agree to an annual teacher evaluation and peer review process, then
the
40.35school board and the exclusive representative of the teachers must implement the state
41.1teacher evaluation plan under paragraph (c). The process must include having trained
41.2observers serve as peer coaches or having teachers participate in professional learning
41.3communities, consistent with paragraph (b).
41.4 (b) To develop, improve, and support qualified teachers and effective teaching
41.5practices and improve student learning and success, the annual evaluation process
for
41.6teachers:
41.7 (1) must, for probationary teachers, provide for all evaluations required under
41.8subdivision 5;
41.9 (2) must establish a three-year professional review cycle for each teacher that
41.10includes an individual growth and development plan, a peer review process, and at
least
41.11one summative evaluation performed by a qualified and trained evaluator such as a
school
41.12administrator. For the years when a tenured teacher is not evaluated by a qualified
and
41.13trained evaluator, the teacher must be evaluated by a peer review;
41.14 (3) must be based on professional teaching standards established in rule;
41.15 (4) must coordinate staff development activities under sections
122A.60 and
41.16122A.61
with this evaluation process and teachers' evaluation outcomes;
41.17 (5) may provide time during the school day and school year for peer coaching and
41.18teacher collaboration;
41.19 (6) may include job-embedded learning opportunities such as professional learning
41.20communities;
41.21 (7) may include mentoring and induction programs;
41.22 (8) must include an option for teachers to develop and present a portfolio
41.23demonstrating evidence of reflection and professional growth, consistent with section
41.24122A.18, subdivision 4
, paragraph (b), and include teachers' own performance assessment
41.25based on student work samples and examples of teachers' work, which may include video
41.26among other activities for the summative evaluation;
41.27 (9) must use data from valid and reliable assessments aligned to state and local
41.28academic standards and must use state and local measures of student growth and literacy
41.29that may include value-added models or student learning goals to determine 35 percent
of
41.30teacher evaluation results;
41.31 (10) must use longitudinal data on student engagement and connection, and other
41.32student outcome measures explicitly aligned with the elements of curriculum for which
41.33teachers are responsible, including academic literacy, oral academic language, and
41.34achievement of content areas of English learners;
42.1 (11) must require qualified and trained evaluators such as school administrators to
42.2perform summative evaluations and ensure school districts and charter schools provide
for
42.3effective evaluator training specific to teacher development and evaluation;
42.4 (12) must give teachers not meeting professional teaching standards under clauses
42.5(3) through (11) support to improve through a teacher improvement process that includes
42.6established goals and timelines; and
42.7 (13) must discipline a teacher for not making adequate progress in the teacher
42.8improvement process under clause (12) that may include a last chance warning,
42.9termination, discharge, nonrenewal, transfer to a different position, a leave of absence,
or
42.10other discipline a school administrator determines is appropriate.
42.11 Data on individual teachers generated under this subdivision are personnel data
42.12under section
13.43. The observation and interview notes of peer coaches may only be
42.13disclosed to other school officials with the consent of the teacher being coached.
42.14 (c) The department, in consultation with parents who may represent parent
42.15organizations and teacher and administrator representatives appointed by their respective
42.16organizations, representing the Board of Teaching, the Minnesota Association of School
42.17Administrators, the Minnesota School Boards Association, the Minnesota Elementary
42.18and Secondary Principals Associations, Education Minnesota, and representatives of
42.19the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
42.20Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
42.21in teacher evaluation, must create and publish a teacher evaluation process that complies
42.22with the requirements in paragraph (b) and applies to all teachers under this section
and
42.23section
122A.41 for whom no agreement exists under paragraph (a) for an annual teacher
42.24evaluation and peer review process. The teacher evaluation process created under this
42.25subdivision does not create additional due process rights for probationary teachers
under
42.26subdivision 5.
42.27(d) Consistent with the measures of teacher effectiveness under this subdivision:
42.28(1) for students in kindergarten through grade 4, a school administrator must not
42.29place a student in consecutive school years in the classroom of a teacher with the
lowest
42.30evaluation rating in the previous school year unless no other teacher at the school
teaches
42.31that grade; and
42.32(2) for students in grades 5 through 12, a school administrator must not place
42.33students in consecutive school years in the classroom of a teacher with the lowest
42.34evaluation rating in the previous school year unless no other teacher at the school
teaches
42.35that subject area and grade.
43.1EFFECTIVE DATE.This section is effective for the 2017-2018 school year and
43.2later, except paragraph (b), clause (7), is effective for the 2015-2016 school year
and later.
43.3 Sec. 25. Minnesota Statutes 2014, section 122A.40, subdivision 10, is amended to read:
43.4 Subd. 10.
Negotiated unrequested leave of absence. (a) The school board
43.5and the exclusive bargaining representative of the teachers
may must negotiate a plan
,
43.6consistent with subdivision 8, providing for unrequested leave of absence without pay or
43.7fringe benefits for as many teachers as may be necessary because of discontinuance
of
43.8position, lack of pupils, financial limitations, or merger of classes caused by consolidation
43.9of districts.
Failing to successfully negotiate such a plan, the provisions of subdivision
43.1011 shall apply. The negotiated plan must not include provisions which would result in
43.11the exercise of seniority by a teacher holding
only a provisional license, other than a
43.12vocational education license,
contrary to the provisions of subdivision 11, paragraph (c)
43.13if required for the position, or the reinstatement of a teacher holding
only a provisional
43.14license, other than a vocational education license
, contrary to the provisions of subdivision
43.1511, paragraph (e) required for the position. The provisions of section
179A.16 do not
43.16apply for the purposes of this subdivision.
43.17(b) Beginning in the 2017-2018 school year and later, and notwithstanding any law
43.18to the contrary, a school board must place teachers on unrequested leave of absence
based
43.19on their subject matter licensure fields, most recent evaluation outcomes and effectiveness
43.20category or rating under subdivision 8, and other, locally determined criteria such
as
43.21teacher seniority, and may include both probationary teachers and continuing contract
43.22teachers within an effectiveness category or rating. For purposes of placing a teacher
on
43.23unrequested leave of absence or recalling a teacher from unrequested leave of absence,
a
43.24school board is not required to reassign a teacher with more seniority to accommodate
the
43.25seniority claims of a teacher who is similarly licensed and effective but with less
seniority.
43.26Nothing in this paragraph permits a school board to use a teacher's remuneration as
a basis
43.27for making unrequested leave of absence decisions. Any executed employment contract
43.28between the school board and the exclusive representative of the teachers must contain
the
43.29negotiated unrequested leave of absence plan. The school board must publish in a readily
43.30accessible format the unrequested leave of absence plan it negotiates under this paragraph.
43.31(c) A teacher who receives notice of being placed on unrequested leave of absence
43.32under paragraph (b) may submit to the board, within 14 days of receiving the notice,
a
43.33written request for a hearing before a neutral hearing officer to establish whether
the
43.34district met the following teacher evaluation requirements under subdivision 8: if
the
43.35teacher is a probationary teacher, all evaluations required under subdivision 5 were
44.1provided; a three-year professional review cycle was established for the teacher;
any
44.2summative evaluation of the teacher was performed by a qualified and trained evaluator;
44.3a peer review evaluation occurred in any year when the teacher was not evaluated by
a
44.4qualified and trained evaluator; and if the teacher did not meet professional teaching
44.5standards, a teacher improvement process with goals and timelines was established.
The
44.6school board and the exclusive representative of the teachers must agree on a panel
of
44.7people and a process to select the person to hear the matter. The hearing officer
must issue
44.8a decision within 14 days of the request for the hearing. Nothing in this subdivision
44.9prevents a school board and the exclusive representative of the teachers from negotiating
a
44.10different process for determining whether the teacher evaluation requirements listed
in
44.11this subdivision were met.
44.12(d) Evaluation outcomes and effectiveness categories under paragraph (b) must not
44.13be used to place a teacher on unrequested leave of absence if the principal evaluating
the
44.14teacher is on an improvement plan under section 123B.147, subdivision 3, paragraph
44.15(b), clause (8).
44.16(e) For purposes of this subdivision, a provisional license is a license to teach
issued
44.17by the Board of Teaching under a waiver or variance.
44.18EFFECTIVE DATE.This section is effective the day following final enactment and
44.19applies to negotiated plans for unrequested leave of absence agreed to on or after
that date.
44.20 Sec. 26. Minnesota Statutes 2014, section 122A.40, subdivision 11, is amended to read:
44.21 Subd. 11.
Unrequested leave of absence. (a) The board may place on unrequested
44.22leave of absence, without pay or fringe benefits, as many teachers as may be necessary
44.23because of discontinuance of position, lack of pupils, financial limitations, or merger
of
44.24classes caused by consolidation
or reorganization of districts
under chapter 123A. The
44.25unrequested leave is effective at the close of the school year.
44.26(b) In placing teachers on unrequested leave
in the 2014-2015 through 2016-2017
44.27school years only, the board is governed by the
following provisions
: in this subdivision.
44.28(a) (c) The board may place probationary teachers on unrequested leave first in the
44.29inverse order of their employment. A teacher who has acquired continuing contract
rights
44.30must not be placed on unrequested leave of absence while probationary teachers are
retained
44.31in positions for which the teacher who has acquired continuing contract rights is
licensed
;.
44.32(b) (d) Teachers who have acquired continuing contract rights shall be placed on
44.33unrequested leave of absence in fields in which they are licensed in the inverse order
44.34in which they were employed by the school district. In the case of equal seniority,
the
45.1order in which teachers who have acquired continuing contract rights shall be placed
on
45.2unrequested leave of absence in fields in which they are licensed is negotiable
;.
45.3(c) (e) Notwithstanding the provisions of paragraph
(b) (d), a teacher is not entitled
45.4to exercise any seniority when that exercise results in that teacher being retained
by the
45.5district in a field for which the teacher holds only a provisional license, as defined
by the
45.6board of teaching, unless that exercise of seniority results in the placement on unrequested
45.7leave of absence of another teacher who also holds a provisional license in the same
field.
45.8The provisions of this paragraph do not apply to vocational education licenses
; required
45.9for the available positions.
45.10(d) (f) Notwithstanding paragraphs
(a), (b), and (c),
(d), and (e), if the placing of a
45.11probationary teacher on unrequested leave before a teacher who has acquired continuing
45.12rights, the placing of a teacher who has acquired continuing contract rights on unrequested
45.13leave before another teacher who has acquired continuing contract rights but who has
45.14greater seniority, or the restriction imposed by the provisions of paragraph
(c) (e) would
45.15place the district in violation of its affirmative action program, the district may
retain the
45.16probationary teacher, the teacher with less seniority, or the provisionally licensed
teacher
;.
45.17(e) (g) For purposes of placing a teacher on unrequested leave of absence or
45.18recalling a teacher from unrequested leave of absence, nothing in this subdivision
requires
45.19a school board to reassign a teacher to accommodate the seniority claims of a teacher
who
45.20is similarly licensed and effective but with less seniority.
45.21(h) Teachers placed on unrequested leave of absence must be reinstated to the
45.22positions from which they have been given leaves of absence or, if not available,
to
45.23other available positions in the school district in fields in which they are licensed.
45.24Reinstatement must be in the inverse order of placement on leave of absence. A teacher
45.25must not be reinstated to a position in a field in which the teacher holds only a
provisional
45.26license, other than a vocational education license, while another teacher who holds
a
45.27nonprovisional license in the same field remains on unrequested leave. The order of
45.28reinstatement of teachers who have equal seniority and who are placed on unrequested
45.29leave in the same school year is negotiable
;.
45.30(f) (i) Appointment of a new teacher must not be made while there is available, on
45.31unrequested leave, a teacher who is properly licensed to fill such vacancy, unless
the
45.32teacher fails to advise the school board within 30 days of the date of notification
that a
45.33position is available to that teacher who may return to employment and assume the
duties
45.34of the position to which appointed on a future date determined by the board
;.
45.35(g) (j) A teacher placed on unrequested leave of absence may engage in teaching
45.36or any other occupation during the period of this leave
;.
46.1(h) (k) The unrequested leave of absence must not impair the continuing contract
46.2rights of a teacher or result in a loss of credit for previous years of service
;.
46.3(i) (l) Consistent with subdivision 10, the unrequested leave of absence of a teacher
46.4who is categorized as effective or better under subdivision 8, who is placed on unrequested
46.5leave of absence
, and who is not reinstated shall continue for a period of five years,
46.6after which the right to reinstatement
shall terminate terminates. The teacher's right to
46.7reinstatement
shall also
terminate terminates if the teacher fails to file with the board by
46.8April 1 of
any each year a written statement requesting reinstatement
;.
46.9(m) Consistent with subdivision 10, the unrequested leave of absence of a teacher
46.10who is categorized as ineffective or less under subdivision 8, who is placed on unrequested
46.11leave of absence, and who is not reinstated continues for the following school year
46.12only, after which the teacher's right to reinstatement terminates. The teacher's right
to
46.13reinstatement also terminates if the teacher fails to file with the board by April
1 in that
46.14following school year a written statement requesting reinstatement.
46.15(j) (n) The same provisions applicable to terminations of probationary or continuing
46.16contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of
absence
;.
46.17(k) (o) Nothing in this subdivision shall be construed to impair the rights of teachers
46.18placed on unrequested leave of absence to receive unemployment benefits if otherwise
46.19eligible.
46.20EFFECTIVE DATE.This section is effective the day following final enactment.
46.21 Sec. 27. Minnesota Statutes 2014, section 122A.40, subdivision 13, is amended to read:
46.22 Subd. 13.
Immediate discharge. (a) Except as otherwise provided in paragraph
46.23(b), a board may discharge a continuing-contract teacher, effective immediately, upon
any
46.24of the following grounds:
46.25(1) immoral conduct, insubordination, or conviction of a felony;
46.26(2) conduct unbecoming a teacher which requires the immediate removal of the
46.27teacher from classroom or other duties;
46.28(3) failure without justifiable cause to teach without first securing the written
release
46.29of the school board;
46.30(4) gross inefficiency which the teacher has failed to correct after reasonable written
46.31notice;
46.32(5) willful neglect of duty; or
46.33(6) continuing physical or mental disability subsequent to a 12 months leave of
46.34absence and inability to qualify for reinstatement in accordance with subdivision
12.
47.1For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
47.2discriminatory practice described in section
363A.13.
47.3Prior to discharging a teacher under this paragraph, the board must notify the teacher
47.4in writing and state its ground for the proposed discharge in reasonable detail. Within
47.5ten days after receipt of this notification the teacher may make a written request
for a
47.6hearing before the board and it shall be granted before final action is taken. The
board
47.7may suspend a teacher with pay pending the conclusion of the hearing and determination
47.8of the issues raised in the hearing after charges have been filed which constitute
ground for
47.9discharge. If a teacher has been charged with a felony and the underlying conduct
that
47.10is the subject of the felony charge is a ground for a proposed immediate discharge,
the
47.11suspension pending the conclusion of the hearing and determination of the issues may
be
47.12without pay. If a hearing under this paragraph is held, the board must reimburse the
teacher
47.13for any salary or compensation withheld if the final decision of the board or the
arbitrator
47.14does not result in a penalty to or suspension, termination, or discharge of the teacher.
47.15(b) A board must discharge a continuing-contract teacher, effective immediately,
47.16upon receipt of notice under section
122A.20, subdivision 1, paragraph (b), that the
47.17teacher's license has been revoked due to a conviction for child abuse
or, as defined in
47.18section
609.185; sex trafficking in the first degree under section 609.322, subdivision 1;
47.19sex trafficking in the second degree under section 609.322, subdivision 1a; engaging
47.20in hiring or agreeing to hire a minor to engage in prostitution under section 609.324,
47.21subdivision 1; sexual abuse
under section
609.342,
609.343,
609.344,
609.345,
609.3451,
47.22subdivision 3
, or
617.23, subdivision 3; solicitation of children to engage in sexual
47.23conduct or communication of sexually explicit materials to children under section
47.24609.352; interference with privacy under section 609.746 or stalking under section
47.25609.749 and the victim was a minor; using minors in a sexual performance under section
47.26617.246; possessing pornographic works involving a minor under section
617.247; or
47.27any other offense not listed in this paragraph that requires the person to register
as a
47.28predatory offender under section 243.166, or a crime under a similar law of another
state
47.29or the United States.
47.30(c) When a teacher is discharged under paragraph (b) or when the commissioner
47.31makes a final determination of child maltreatment involving a teacher under section
47.32626.556, subdivision 11
, the school principal or other person having administrative
47.33control of the school must include in the teacher's employment record the information
47.34contained in the record of the disciplinary action or the final maltreatment determination,
47.35consistent with the definition of public data under section
13.41, subdivision 5, and must
47.36provide the Board of Teaching and the licensing division at the department with the
48.1necessary and relevant information to enable the Board of Teaching and the department's
48.2licensing division to fulfill their statutory and administrative duties related to
issuing,
48.3renewing, suspending, or revoking a teacher's license. Information received by the
Board
48.4of Teaching or the licensing division at the department under this paragraph is governed
48.5by section
13.41 or other applicable law governing data of the receiving entity. In addition
48.6to the background check required under section
123B.03, a school board or other school
48.7hiring authority must contact the Board of Teaching and the department to determine
48.8whether the teacher's license has been suspended or revoked, consistent with the discharge
48.9and final maltreatment determinations identified in this paragraph. Unless restricted
by
48.10federal or state data practices law or by the terms of a collective bargaining agreement,
48.11the responsible authority for a school district must disseminate to another school
district
48.12private personnel data on a current or former teacher employee or contractor of the
district,
48.13including the results of background investigations, if the requesting school district
seeks
48.14the information because the subject of the data has applied for employment with the
48.15requesting school district.
48.16EFFECTIVE DATE.This section is effective the day following final enactment.
48.17 Sec. 28. Minnesota Statutes 2014, section 122A.41, subdivision 2, is amended to read:
48.18 Subd. 2.
Probationary period; discharge or demotion. (a) All teachers in
48.19the public schools in cities of the first class during the first three years of consecutive
48.20employment shall be deemed to be in a probationary period of employment during which
48.21period any annual contract with any teacher may, or may not, be renewed
(1) as the school
48.22board, after consulting with the peer review committee charged with evaluating the
48.23probationary teachers under subdivision 3, shall see fit
, or (2) consistent with the negotiated
48.24plan for discontinuing or terminating teachers in effect under subdivision 14. The school
48.25site management team or the school board if there is no school site management team,
shall
48.26adopt a plan for a written evaluation of teachers during the probationary period according
48.27to subdivisions 3 and 5. Evaluation by the peer review committee charged with evaluating
48.28probationary teachers under subdivision 3 shall occur at least three times periodically
48.29throughout each school year for a teacher performing services during that school year;
the
48.30first evaluation must occur within the first 90 days of teaching service. Days devoted
to
48.31parent-teacher conferences, teachers' workshops, and other staff development opportunities
48.32and days on which a teacher is absent from school shall not be included in determining
the
48.33number of school days on which a teacher performs services. The school board may,
during
48.34such probationary period, discharge or demote a teacher for any of the causes as specified
48.35in this code. A written statement of the cause of such discharge or demotion shall
be given
49.1to the teacher by the school board at least 30 days before such removal or demotion
shall
49.2become effective, and the teacher so notified shall have no right of appeal therefrom.
49.3(b) A probationary teacher whose first three years of consecutive employment are
49.4interrupted for active military service and who promptly resumes teaching consistent
with
49.5federal reemployment timelines for uniformed service personnel under United States
49.6Code, title 38, section 4312(e), is considered to have a consecutive teaching experience
49.7for purposes of paragraph (a).
49.8(c) A probationary teacher whose first three years of consecutive employment are
49.9interrupted for maternity, paternity, or medical leave and who resumes teaching within
12
49.10months of when the leave began is considered to have a consecutive teaching experience
49.11for purposes of paragraph (a) if the probationary teacher completes a combined total
of
49.12three years of teaching service immediately before and after the leave.
49.13(d) A probationary teacher must complete at least 120 days of teaching service each
49.14year during the probationary period. Days devoted to parent-teacher conferences, teachers'
49.15workshops, and other staff development opportunities and days on which a teacher is
49.16absent from school do not count as days of teaching service under this paragraph.
49.17EFFECTIVE DATE.This section is effective the day following final enactment.
49.18 Sec. 29. Minnesota Statutes 2014, section 122A.41, subdivision 5, is amended to read:
49.19 Subd. 5.
Development, evaluation, and peer coaching for continuing contract
49.20teachers. (a) To improve student learning and success, a school board and an exclusive
49.21representative of the teachers in the district, consistent with paragraph (b), may
develop an
49.22annual teacher evaluation and peer review process for probationary and nonprobationary
49.23teachers through joint agreement. If a school board and the exclusive representative
of
49.24the teachers in the district do not agree to an annual teacher evaluation and peer
review
49.25process, then the school board and the exclusive representative of the teachers must
49.26implement the state teacher evaluation plan developed under paragraph (c). The process
49.27must include having trained observers serve as peer coaches or having teachers participate
49.28in professional learning communities, consistent with paragraph (b).
49.29 (b) To develop, improve, and support qualified teachers and effective teaching
49.30practices and improve student learning and success, the annual evaluation process
for
49.31teachers:
49.32 (1) must, for probationary teachers, provide for all evaluations required under
49.33subdivision 2;
49.34 (2) must establish a three-year professional review cycle for each teacher that
49.35includes an individual growth and development plan, a peer review process, and at
least
50.1one summative evaluation performed by a qualified and trained evaluator such as a
school
50.2administrator;
50.3 (3) must be based on professional teaching standards established in rule;
50.4 (4) must coordinate staff development activities under sections
122A.60 and
50.5122A.61
with this evaluation process and teachers' evaluation outcomes;
50.6 (5) may provide time during the school day and school year for peer coaching and
50.7teacher collaboration;
50.8 (6) may include job-embedded learning opportunities such as professional learning
50.9communities;
50.10 (7) may include mentoring and induction programs;
50.11 (8) must include an option for teachers to develop and present a portfolio
50.12demonstrating evidence of reflection and professional growth, consistent with section
50.13122A.18, subdivision 4
, paragraph (b), and include teachers' own performance assessment
50.14based on student work samples and examples of teachers' work, which may include video
50.15among other activities for the summative evaluation;
50.16 (9) must use data from valid and reliable assessments aligned to state and local
50.17academic standards and must use state and local measures of student growth and literacy
50.18that may include value-added models or student learning goals to determine 35 percent
of
50.19teacher evaluation results;
50.20 (10) must use longitudinal data on student engagement and connection and other
50.21student outcome measures explicitly aligned with the elements of curriculum for which
50.22teachers are responsible, including academic literacy, oral academic language, and
50.23achievement of English learners;
50.24 (11) must require qualified and trained evaluators such as school administrators to
50.25perform summative evaluations and ensure school districts and charter schools provide
for
50.26effective evaluator training specific to teacher development and evaluation;
50.27 (12) must give teachers not meeting professional teaching standards under clauses
50.28(3) through (11) support to improve through a teacher improvement process that includes
50.29established goals and timelines; and
50.30 (13) must discipline a teacher for not making adequate progress in the teacher
50.31improvement process under clause (12) that may include a last chance warning,
50.32termination, discharge, nonrenewal, transfer to a different position, a leave of absence,
or
50.33other discipline a school administrator determines is appropriate.
50.34 Data on individual teachers generated under this subdivision are personnel data
50.35under section
13.43. The observation and interview notes of peer coaches may only be
50.36disclosed to other school officials with the consent of the teacher being coached.
51.1 (c) The department, in consultation with parents who may represent parent
51.2organizations and teacher and administrator representatives appointed by their respective
51.3organizations, representing the Board of Teaching, the Minnesota Association of School
51.4Administrators, the Minnesota School Boards Association, the Minnesota Elementary
51.5and Secondary Principals Associations, Education Minnesota, and representatives of
51.6the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota
51.7Chamber of Commerce, and Minnesota postsecondary institutions with research expertise
51.8in teacher evaluation, must create and publish a teacher evaluation process that complies
51.9with the requirements in paragraph (b) and applies to all teachers under this section
and
51.10section
122A.40 for whom no agreement exists under paragraph (a) for an annual teacher
51.11evaluation and peer review process. The teacher evaluation process created under this
51.12subdivision does not create additional due process rights for probationary teachers
under
51.13subdivision 2.
51.14(d) Consistent with the measures of teacher effectiveness under this subdivision:
51.15(1) for students in kindergarten through grade 4, a school administrator must not
51.16place a student in consecutive school years in the classroom of a teacher with the
lowest
51.17evaluation rating in the previous school year unless no other teacher at the school
teaches
51.18that grade; and
51.19(2) for students in grades 5 through 12, a school administrator must not place
51.20students in consecutive school years in the classroom of a teacher with the lowest
51.21evaluation rating in the previous school year unless no other teacher at the school
teaches
51.22that subject area and grade.
51.23EFFECTIVE DATE.This section is effective for the 2017-2018 school year and
51.24later, except paragraph (b), clause (7), is effective for the 2015-2016 school year
and later.
51.25 Sec. 30. Minnesota Statutes 2014, section 122A.41, subdivision 6, is amended to read:
51.26 Subd. 6.
Grounds for discharge or demotion. (a) Except as otherwise provided
51.27in paragraph (b), causes for the discharge or demotion of a teacher either during
or after
51.28the probationary period must be:
51.29(1) immoral character, conduct unbecoming a teacher, or insubordination;
51.30(2) failure without justifiable cause to teach without first securing the written
release
51.31of the school board having the care, management, or control of the school in which
the
51.32teacher is employed;
51.33(3) inefficiency in teaching or in the management of a school, consistent with
51.34subdivision 5, paragraph (b);
52.1(4) affliction with a communicable disease must be considered as cause for removal
52.2or suspension while the teacher is suffering from such disability; or
52.3(5) discontinuance of position or lack of pupils.
52.4For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
52.5discriminatory practice described in section
363A.13.
52.6(b) A probationary or continuing-contract teacher must be discharged immediately
52.7upon receipt of notice under section
122A.20, subdivision 1, paragraph (b), that the
52.8teacher's license has been revoked due to a conviction for child abuse
or, as defined in
52.9section
609.185; sex trafficking in the first degree under section 609.322, subdivision 1;
52.10sex trafficking in the second degree under section 609.322, subdivision 1a; engaging
52.11in hiring or agreeing to hire a minor to engage in prostitution under section 609.324,
52.12subdivision 1; sexual abuse
under section
609.342,
609.343,
609.344,
609.345,
609.3451,
52.13subdivision 3
, or
617.23, subdivision 3; solicitation of children to engage in sexual
52.14conduct or communication of sexually explicit materials to children under section
52.15609.352; interference with privacy under section 609.746 or stalking under section
52.16609.749 and the victim was a minor; using minors in a sexual performance under section
52.17617.246; possessing pornographic works involving a minor under section
617.247; or
52.18any other offense not listed in this paragraph that requires the person to register
as a
52.19predatory offender under section 243.166, or a crime under a similar law of another
state
52.20or the United States.
52.21(c) When a teacher is discharged under paragraph (b) or when the commissioner
52.22makes a final determination of child maltreatment involving a teacher under section
52.23626.556, subdivision 11
, the school principal or other person having administrative
52.24control of the school must include in the teacher's employment record the information
52.25contained in the record of the disciplinary action or the final maltreatment determination,
52.26consistent with the definition of public data under section
13.41, subdivision 5, and must
52.27provide the Board of Teaching and the licensing division at the department with the
52.28necessary and relevant information to enable the Board of Teaching and the department's
52.29licensing division to fulfill their statutory and administrative duties related to
issuing,
52.30renewing, suspending, or revoking a teacher's license. Information received by the
Board
52.31of Teaching or the licensing division at the department under this paragraph is governed
52.32by section
13.41 or other applicable law governing data of the receiving entity. In addition
52.33to the background check required under section
123B.03, a school board or other school
52.34hiring authority must contact the Board of Teaching and the department to determine
52.35whether the teacher's license has been suspended or revoked, consistent with the discharge
52.36and final maltreatment determinations identified in this paragraph. Unless restricted
by
53.1federal or state data practices law or by the terms of a collective bargaining agreement,
53.2the responsible authority for a school district must disseminate to another school
district
53.3private personnel data on a current or former teacher employee or contractor of the
district,
53.4including the results of background investigations, if the requesting school district
seeks
53.5the information because the subject of the data has applied for employment with the
53.6requesting school district.
53.7EFFECTIVE DATE.This section is effective the day following final enactment.
53.8 Sec. 31. Minnesota Statutes 2014, section 122A.41, subdivision 14, is amended to read:
53.9 Subd. 14.
Services terminated by discontinuance or lack of pupils; preference
53.10given. (a)
A teacher whose services are terminated on account of discontinuance of
53.11position or lack of pupils must receive first consideration for other positions in
the district
53.12for which that teacher is qualified. In the event it becomes necessary to discontinue one
53.13or more positions
in the 2014-2015 through the 2016-2017 school years, in making such
53.14discontinuance, teachers must
receive first consideration for other positions in the district
53.15for which that teacher is qualified and must be discontinued
in any department in the
53.16inverse order in which they were employed
, unless.
53.17(b) Beginning in the 2017-2018 school year and later, a board and the exclusive
53.18representative of teachers in the district
must negotiate a plan
providing otherwise.,
53.19consistent with subdivision 5, for discontinuing and terminating teachers under this
53.20subdivision based on their subject matter licensure fields, most recent evaluation
outcomes
53.21and effectiveness category or rating under subdivision 5, and other, locally determined
53.22criteria such as teacher seniority, and may include both probationary teachers and
53.23continuing contract teachers within an effectiveness category or rating. For purposes
53.24of discharging, demoting, or recalling a teacher whose services are discontinued or
53.25terminated under this subdivision, a school board is not required to reassign a teacher
with
53.26more seniority to accommodate the seniority claims of a teacher who is similarly licensed
53.27and effective but with less seniority. Nothing in this paragraph permits a school
board to
53.28use a teacher's remuneration as a basis for discontinuing or terminating a teacher.
Any
53.29executed employment contract between the school board and the exclusive representative
53.30of the teachers must contain the negotiated plan for discontinuing or terminating
teachers.
53.31The school board must publish in a readily accessible format any plan it negotiates
for
53.32discontinuing or terminating teachers under this paragraph.
53.33(c) A teacher who receives notice of discontinuance or termination under paragraph
53.34(b) may submit to the board, within 14 days of receiving the notice, a written request
53.35for a hearing before a neutral hearing officer to establish whether the district met
the
54.1following teacher evaluation requirements under subdivision 5: if the teacher is a
54.2probationary teacher, all evaluations required under subdivision 2 were provided;
a
54.3three-year professional review cycle was established for the teacher; any summative
54.4evaluation of the teacher was performed by a qualified and trained evaluator; a peer
review
54.5evaluation occurred in any year when the teacher was not evaluated by a qualified
and
54.6trained evaluator; and if the teacher did not meet professional teaching standards,
a teacher
54.7improvement process with goals and timelines was established. The school board and
the
54.8exclusive representative of the teachers must agree on a panel of people and a process
to
54.9select the person to hear the matter. The hearing officer must issue a decision within
14 days
54.10of the request for the hearing. Nothing in this subdivision prevents a school board
and the
54.11exclusive representative of the teachers from negotiating a different process for
determining
54.12whether the teacher evaluation requirements listed in this subdivision were met.
54.13(b) (d) Notwithstanding the provisions of
clause paragraph (a),
for the 2014-2015
54.14through 2016-2017 school years, a teacher is not entitled to exercise any seniority when
54.15that exercise results in that teacher being retained by the district in a field for
which the
54.16teacher holds only a provisional license, as defined by the Board of Teaching, unless
that
54.17exercise of seniority results in
the termination of terminating the services, on account
54.18of discontinuance of position or lack of pupils, of another teacher who also holds
a
54.19provisional license in the same field. The provisions of this
clause paragraph do not apply
54.20to vocational education licenses.
54.21(c) (e) Notwithstanding the provisions of
clause paragraph (a),
for the 2014-2015
54.22through 2016-2017 school years, a teacher must not be reinstated to a position in a field
54.23in which the teacher holds only a provisional license, other than a vocational education
54.24license, while another teacher who holds a nonprovisional license in the same field
is
54.25available for reinstatement.
54.26(f) Evaluation outcomes and effectiveness categories under paragraph (b) must not
54.27be used to place a teacher on unrequested leave of absence if the principal evaluating
the
54.28teacher is on an improvement plan under section 123B.147, subdivision 3, paragraph
54.29(b), clause (8).
54.30EFFECTIVE DATE.This section is effective the day following final enactment
54.31and applies to negotiated plans for discontinuing or terminating teachers agreed to
on or
54.32after that date.
54.33 Sec. 32. Minnesota Statutes 2014, section 122A.414, subdivision 2, is amended to read:
54.34 Subd. 2.
Alternative teacher professional pay system. (a) To participate in this
54.35program, a school district, intermediate school district, school site, or charter
school must
55.1have an educational improvement plan under section
122A.413 and an alternative teacher
55.2professional pay system agreement under paragraph (b). A charter school participant
also
55.3must comply with subdivision 2a.
55.4 (b) The alternative teacher professional pay system agreement must:
55.5 (1) describe how teachers can achieve career advancement and additional
55.6compensation;
55.7 (2) describe how the school district, intermediate school district, school site, or
55.8charter school will provide teachers with career advancement options that allow teachers
55.9to retain primary roles in student instruction and facilitate site-focused professional
55.10development that helps other teachers improve their skills;
55.11 (3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation
55.12paid before implementing the pay system from being reduced as a result of participating
in
55.13this system, base at least 60 percent of any compensation increase on teacher performance
55.14using:
55.15 (i) schoolwide student achievement gains under section
120B.35 or locally selected
55.16standardized assessment outcomes, or both;
55.17 (ii) measures of student growth and literacy that may include value-added models
55.18or student learning goals, consistent with section
122A.40, subdivision 8, clause (9), or
55.19122A.41, subdivision 5
, clause (9), and other measures that include the academic literacy,
55.20oral academic language, and achievement of English learners under section
122A.40,
55.21subdivision 8, clause (10), or
122A.41, subdivision 5, clause (10); and
55.22 (iii) an objective evaluation program under section
122A.40, subdivision 8,
55.23paragraph (b), clause (2), or
122A.41, subdivision 5, paragraph (b), clause (2);
55.24 (4) provide for participation in job-embedded learning opportunities such as
55.25professional learning communities to improve instructional skills and learning that
are
55.26aligned with student needs under section
122A.413, consistent with the staff development
55.27plan under section
122A.60 and led during the school day by trained teacher leaders
55.28such as master or mentor teachers;
55.29 (5) allow any teacher in a participating school district, intermediate school district,
55.30school site, or charter school that implements an alternative pay system to participate
in
55.31that system without any quota or other limit; and
55.32 (6) encourage collaboration rather than competition among teachers.
55.33(c) The alternative teacher professional pay system may:
55.34 (1) include a hiring bonus or other added compensation for teachers who are
55.35identified as effective or highly effective under the local teacher professional review
55.36cycle and work in a hard-to-fill position or in a hard-to-staff school such as a school
with
56.1a majority of students whose families meet federal poverty guidelines, a geographically
56.2isolated school, or a school identified by the state as eligible for targeted programs
or
56.3services for its students;
56.4 (2) include incentives for teachers to obtain a master's degree or other advanced
56.5certification in their content field of licensure, pursue the training or education
necessary
56.6to obtain an additional licensure in shortage areas identified by the district or
charter
56.7school, or help fund a "grow your own" new teacher initiative; and
56.8 (3) be structured around teacher-powered site-governed schools allowed under
56.9section 123B.045.
56.10EFFECTIVE DATE.This section is effective the day following final enactment
56.11and applies to agreements approved or renegotiated after that date.
56.12 Sec. 33. Minnesota Statutes 2014, section 122A.60, is amended to read:
56.13122A.60 STAFF DEVELOPMENT PROGRAM.
56.14 Subdivision 1.
Staff development committee. (a) A school board must use the
56.15revenue authorized in section
122A.61 for
in-service education for programs under section
56.16120B.22, subdivision 2, or for staff development:
56.17(1) teacher development and evaluation plans under
this section
122A.40,
56.18subdivision 8, or 122A.41, subdivision 5;
56.19(2) principal development and evaluation under section 123B.147, subdivision 3;
56.20(3) in-service education programs under section 120B.22, subdivision 2; and
56.21(4) other staff development needs.
56.22(b) The board must establish an advisory staff development committee to develop
56.23the plan, assist site professional development teams in developing a site plan consistent
56.24with the goals of the plan, and evaluate staff development efforts at the site level.
A
56.25majority of the advisory committee and the site professional development team must
be
56.26teachers representing various grade levels, subject areas, and special education.
The
56.27advisory committee must also include nonteaching staff, parents, and administrators.
56.28 Subd. 1a.
Effective staff development activities. (a) Staff development activities
56.29must:
56.30(1) focus on the school classroom and research-based strategies that improve student
56.31learning;
56.32(2) provide opportunities for teachers to practice and improve their instructional
56.33skills over time;
57.1(3) provide opportunities for teachers to use student data as part of their daily
work
57.2to increase student achievement;
57.3(4) enhance teacher content knowledge and instructional skills, including to
57.4accommodate the delivery of digital and blended learning and curriculum and engage
57.5students with technology;
57.6(5) align with state and local academic standards;
57.7(6) provide opportunities to build professional relationships, foster collaboration
57.8among principals and staff who provide instruction, and provide opportunities for
57.9teacher-to-teacher mentoring;
57.10(7) align with the plan of the district or site for an alternative teacher professional
57.11pay system;
57.12(8) provide teachers of English learners, including English as a second language and
57.13content teachers, with differentiated instructional strategies critical for ensuring
students'
57.14long-term academic success; the means to effectively use assessment data on the academic
57.15literacy, oral academic language, and English language development of English learners;
57.16and skills to support native and English language development across the curriculum;
and
57.17(9) provide opportunities for staff to learn about current workforce trends, the
57.18connections between workforce trends and postsecondary education, and training options,
57.19including career and technical education options.
57.20Staff development activities may include curriculum development and curriculum training
57.21programs, and activities that provide teachers and other members of site-based teams
57.22training to enhance team performance. The school district also may implement other
57.23staff development activities required by law and activities associated with professional
57.24teacher compensation models.
57.25(b) Release time provided for teachers to supervise students on field trips and school
57.26activities, or independent tasks not associated with enhancing the teacher's knowledge
57.27and instructional skills, such as preparing report cards, calculating grades, or organizing
57.28classroom materials, may not be counted as staff development time that is financed
with
57.29staff development reserved revenue under section
122A.61.
57.30 Subd. 2.
Contents of plan. The plan must include the staff development outcomes
57.31under
section 122A.40, subdivision 8, or 122A.41, subdivision 5, and section 123B.147,
57.32subdivision 3, the means to achieve the outcomes, and procedures for evaluating progress
57.33at each school site toward meeting education
and staff development outcomes, consistent
57.34with relicensure requirements under section
122A.18, subdivision 4. The plan also must:
57.35(1) support stable and productive professional communities achieved through
57.36ongoing and schoolwide progress and growth in teaching practice;
58.1(2) emphasize coaching, professional learning communities, classroom action
58.2research, and other job-embedded models;
58.3(3) maintain a strong subject matter focus premised on students' learning goals,
58.4consistent with section
120B.125;
58.5(4) ensure specialized preparation and learning about issues related to teaching
58.6English learners and students with special needs by focusing on long-term systemic
efforts
58.7to improve educational services and opportunities and raise student achievement; and
58.8(5) reinforce national and state standards of effective teaching practice.
58.9 Subd. 3.
Staff development outcomes. The advisory staff development committee
58.10must adopt a staff development plan
, consistent with section 122A.40, subdivision 8, or
58.11122A.41, subdivision 5, for developing and evaluating teachers and for improving student
58.12achievement outcomes and with section 123B.147, subdivision 3, for strengthening
58.13principals' capacity in areas of instruction, supervision, evaluation, and teacher
58.14development. The plan must be consistent with education outcomes that the school board
58.15determines. The plan must include ongoing staff development activities that contribute
58.16toward continuous improvement in
achievement of achieving the following goals:
58.17(1) improve student achievement of state and local education standards in all areas
of
58.18the curriculum, including areas of regular academic and applied and experiential learning,
58.19by using research-based best practices methods;
58.20(2) effectively meet the needs of a diverse student population, including at-risk
58.21children, children with disabilities, English learners, and gifted children, within
the regular
58.22classroom, applied and experiential learning settings, and other settings;
58.23(3) provide an inclusive curriculum for a racially, ethnically, linguistically, and
58.24culturally diverse student population that is consistent with the state education
diversity
58.25rule and the district's education diversity plan;
58.26(4) improve staff collaboration and develop mentoring and peer coaching programs
58.27for teachers new to the school or district;
58.28(5) effectively teach and model violence prevention policy and curriculum that
58.29address early intervention alternatives, issues of harassment, and teach nonviolent
58.30alternatives for conflict resolution;
58.31(6) effectively deliver digital and blended learning and curriculum and engage
58.32students with technology; and
58.33(7) provide teachers and other members of site-based management teams with
58.34appropriate management and financial management skills.
58.35 Subd. 4.
Staff development report. (a) By October 15 of each year, the district and
58.36site staff development committees shall write and submit a report of staff development
59.1activities and expenditures for the previous year, in the form and manner determined
by
59.2the commissioner. The report, signed by the district superintendent and staff development
59.3chair, must include assessment and evaluation data indicating progress toward district
and
59.4site staff development goals based on teaching and learning outcomes, including the
59.5percentage of teachers and other staff involved in instruction who participate in
effective
59.6staff development activities under subdivision 3.
59.7(b) The report must break down expenditures for:
59.8(1) curriculum development and curriculum training programs; and
59.9(2) staff development training models, workshops, and conferences, and the cost of
59.10releasing teachers or providing substitute teachers for staff development purposes.
59.11The report also must indicate whether the expenditures were incurred at the district
59.12level or the school site level, and whether the school site expenditures were made
possible
59.13by grants to school sites that demonstrate exemplary use of allocated staff development
59.14revenue. These expenditures must be reported using the uniform financial and accounting
59.15and reporting standards.
59.16(c) The commissioner shall report the staff development progress and expenditure
59.17data to the house of representatives and senate committees having jurisdiction over
59.18education by February 15 each year.
59.19EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
59.20later.
59.21 Sec. 34. Minnesota Statutes 2014, section 122A.61, subdivision 1, is amended to read:
59.22 Subdivision 1.
Staff development revenue. A district is required to reserve
59.23an amount equal to at least two percent of the basic revenue under section
126C.10,
59.24subdivision 2
, for
:
59.25(1) teacher development and evaluation under sections 122A.40, subdivision 8, or
59.26122A.41, subdivision 5;
59.27(2) principal development and evaluation under section 123B.147, subdivision 3;
59.28(3) professional development under section 122A.60; and
59.29(4) in-service education for programs under section
120B.22, subdivision 2,.
59.30To the extent extra funds remain, staff development revenue may be used for
59.31staff development plans, including plans for challenging instructional activities
and
59.32experiences under section
122A.60, and for curriculum development and programs,
59.33other in-service education, teachers'
mentoring under section 122A.70 and evaluation,
59.34teachers' workshops, teacher conferences, the cost of substitute teachers staff development
59.35purposes, preservice and in-service education for special education professionals
and
60.1paraprofessionals, and other related costs for staff development efforts. A district
may
60.2annually waive the requirement to reserve their basic revenue under this section if
a
60.3majority vote of the licensed teachers in the district and a majority vote of the
school board
60.4agree to a resolution to waive the requirement. A district in statutory operating
debt is
60.5exempt from reserving basic revenue according to this section. Districts may expend
an
60.6additional amount of unreserved revenue for staff development based on their needs.
60.7EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
60.8later.
60.9 Sec. 35. Minnesota Statutes 2014, section 122A.69, is amended to read:
60.10122A.69 PRACTICE OR STUDENT TEACHERS.
60.11The Board
of Teaching may, by agreements with teacher
preparing preparation
60.12institutions, arrange for classroom experience in the district for practice or student
60.13teachers who have completed
not less than at least two years of an approved teacher
60.14education preparation program. Such practice
and student teachers must be
provided with
60.15appropriate supervision appropriately supervised by a fully qualified teacher under rules
60.16promulgated adopted by the board.
A practice or student teacher must be placed with a
60.17cooperating licensed teacher who has at least three years of teaching experience and
is
60.18not in the improvement process under section 122A.40, subdivision 8, paragraph (b),
60.19clause (12), or 122A.41, subdivision 5, paragraph (b), clause (12). Practice
and student
60.20teachers are
deemed employees of the school district in which they are rendering services
60.21for purposes of workers' compensation; liability insurance, if provided for other
district
60.22employees
in accordance with under section
123B.23; and legal counsel
in accordance
60.23with the provisions of under section
123B.25.
60.24EFFECTIVE DATE.This section is effective for the 2015-2016 school year and
60.25later.
60.26 Sec. 36. Minnesota Statutes 2014, section 122A.70, subdivision 1, is amended to read:
60.27 Subdivision 1.
Teacher mentoring programs. (a) School districts
are encouraged
60.28to may develop
teacher mentoring and implement programs for
mentoring teachers new
60.29to the profession or district,
including and may, at a minimum, include in the mentoring
60.30program teaching residents, teachers of color, teachers with special needs,
or and
60.31experienced teachers
under section 122A.40, subdivision 8, paragraph (b), clause (12), or
60.32122A.41, subdivision 5, paragraph (b), clause (12), in need of peer coaching.
61.1(b) Teacher mentoring programs must support districts' teacher evaluation and
61.2peer review processes under section 122A.40, subdivision 8, or 122A.41, subdivision
61.35. A district may use staff development revenue under sections 122A.60 and 122A.61
61.4or another funding source, including achievement gap elimination revenue, alternative
61.5teacher pay, or compensatory revenue, to pay a stipend to a mentor who may be a district
61.6employee or a third-party contractor.
61.7 Sec. 37. Minnesota Statutes 2014, section 123A.75, subdivision 1, is amended to read:
61.8 Subdivision 1.
Teacher assignment. (a) As of the effective date of a consolidation
61.9in which a district is divided or the dissolution of a district and its attachment
to two or
61.10more existing districts, each teacher employed by an affected district shall be assigned
to
61.11the newly created or enlarged district on the basis of a ratio of the pupils assigned
to each
61.12district according to the new district boundaries. The district receiving the greatest
number
61.13of pupils must be assigned the
most effective teacher
under section 122A.40, subdivision 8,
61.14with the greatest seniority, and the remaining teachers must be alternately assigned
to each
61.15district
from most to least effective and with most to least seniority within each category
or
61.16rating of effectiveness until the district receiving the fewest pupils has received its ratio of
61.17teachers who will not be retiring before the effective date of the consolidation or
dissolution.
61.18(b) Notwithstanding paragraph (a), the board and the exclusive representative of
61.19teachers in each district involved in the consolidation or dissolution and attachment
may
61.20negotiate a plan for assigning teachers to each newly created or enlarged district.
61.21(c) Notwithstanding any other law to the contrary, the provisions of this section
apply
61.22only to the extent they are consistent with section 122A.40, subdivisions 8, 10, and
11.
61.23EFFECTIVE DATE.This section is effective the day following final enactment.
61.24 Sec. 38. Minnesota Statutes 2014, section 123B.045, is amended to read:
61.25123B.045 DISTRICT-CREATED SITE-GOVERNED, TEACHER-POWERED
61.26SCHOOLS.
61.27 Subdivision 1.
Authority. (a) A school board may approve site-governed
,
61.28teacher-powered schools under this section by requesting site-governing
, teacher-powered
61.29school proposals. The request for proposals must include what types of schools or
61.30education innovations the board intends to create. A current site may submit a proposal
to
61.31create a different model for the site if 60 percent or more of the teachers at the
site support
61.32the proposal. A group of licensed district professionals from one or multiple district
61.33sites may submit a proposal. The group submitting the proposal must include parents
or
62.1other community members in the development of the proposal. A proposal may request
62.2approval for a model of a school not included in the request for proposal of the board.
62.3(b) The school board and the applicable bargaining unit representing district
62.4employees must enter into memoranda of understanding specifying how applicable
62.5sections of current contracts will enable the provisions of subdivision 2, paragraph
(a),
62.6clauses (7) and (8), to be implemented.
62.7(c) Within 60 days of receipt of the application, the school board shall determine
62.8whether to approve, deny, or return the application to the applicants for further
information
62.9or development.
62.10(d) Upon approval of the proposal, an agreement between the district and the site
62.11council shall be developed identifying the powers and duties delegated to the site
and
62.12outlining the details of the proposal including the provisions of subdivisions 2,
3, and
62.135. Any powers or duties not specifically delegated to the school site in the agreement
62.14remains with the school board.
62.15 Subd. 2.
Roles and responsibilities of site-governed, teacher-powered schools.
62.16(a) Site-governed
, teacher-powered schools approved by the school board have the
62.17following autonomy and responsibilities at the discretion of the site:
62.18(1) to create the site-governing
, teacher-powered council of the school. The council
62.19shall include teachers, administrators, parents, students if appropriate, community
62.20members, and other representatives of the community as determined by the site-governing
,
62.21teacher-powered council. Teachers may comprise a majority of the site-governing
,
62.22teacher-powered council at the option of a majority of the teachers at the site. The number
62.23of members on the site-governing
, teacher-powered council and the composition shall be
62.24included in the proposal approved by the school board;
62.25(2) to determine the leadership model for the site including: selecting a principal,
62.26operating as a teacher professional practices model with school leadership functions
62.27performed by one or more teachers or administrators at the school or other model
62.28determined by the site;
62.29(3) to determine the budget for the site and the allocation and expenditure of the
62.30revenue based on provisions of subdivision 3;
62.31(4) to determine the learning model and organization of the school consistent with
62.32the application approved by the school board;
62.33(5) to select and develop its curriculum and determine formative and summative
62.34assessment practices;
62.35(6) to set policies for the site including student promotion, attendance, discipline,
62.36graduation requirements which may exceed the school board standards, and other such
63.1rules as approved by the school board consistent with the mission, goals, and learning
63.2program of the school site;
63.3(7) to determine the length of the school day and year and employee work rules
63.4covered by the terms and conditions of the employment contract;
63.5(8) to select teachers and other staff consistent with current law and collective
63.6bargaining agreements and memoranda of understanding provided for in subdivision 1,
63.7paragraph (b). At least 70 percent of the teachers must be selected by the site prior
to final
63.8approval of the agreement. Prior to requesting the district to employ staff not currently
63.9employed by the district, the site must first select current district staff including
those on
63.10requested and unrequested leave as provided for in sections
122A.40 and
122A.41. The
63.11school board shall be the legal employer of all staff at the site and all teachers
and other
63.12staff members of the applicable bargaining units. Teachers and other employees may
be
63.13required to sign an individual work agreement with the site-governing
, teacher-powered
63.14council committing themselves to the mission and learning program of the school and
the
63.15requirements of the site-governing
, teacher-powered council; and
63.16(9) to fulfill other provisions as agreed to by the district and site-governing
,
63.17teacher-powered council.
63.18(b) If a self-governed
, teacher-powered school created under this section is
63.19supervised by a principal, that principal must be licensed, consistent with section
63.20123B.147, subdivision 2
.
63.21 Subd. 3.
Revenue to self-governed school. (a) The revenue that shall be allocated
63.22by the site includes the general education revenue generated by the students at the
site from
63.23state, local, and private sources, referendum revenue, federal revenue from the Elementary
63.24and Secondary Education Act, Individuals with Disabilities Education Act, Carl Perkins
63.25Act, and other federal programs as agreed to by the school board and site council.
63.26(b) The district may retain an administrative fee for managing the federal
63.27programs, private revenues, and general administrative functions including school
board,
63.28superintendent, district legal counsel, finance, accountability and self-governed
school
63.29contract oversight, facilities maintenance, districtwide special education programs,
and
63.30other such services as agreed to by the site and school board. The administrative
fee
63.31shall be included in the agreement.
63.32(c) As part of the agreement, the district may provide specific services for the site
63.33and may specify the amount to be paid for each service and retain the revenues for
that
63.34amount. The formula or procedures for determining the amount of revenue to be allocated
63.35to the site each year shall be consistent with this subdivision and incorporated in
the site
63.36budget annually following a timeline and process that is included in the agreement
with
64.1the school board. The site is responsible for allocating revenue for all staff at
the site and
64.2for the other provisions of the agreement with the district board.
64.3(d) All unspent revenue shall be carried over to following years for the sole use
64.4of the site.
64.5 Subd. 4.
Exemption from statutes and rules. Except as outlined in this section,
64.6site-governed
, teacher-powered schools established under this section are exempt from
64.7and subject to the same laws and rules as are chartered schools under section
124D.10,
64.8except that the schools shall be subject to chapters 13, 13D, and 179A, and sections
64.9122A.40
,
122A.41,
122A.50, and
122A.51.
64.10 Subd. 5.
Performance standards. (a) The school board and the site council shall
64.11include in the agreement performance standards and expectations that shall include
at
64.12least the following:
64.13(1) student achievement targets on multiple indicators including either a growth
64.14model or value-added growth model;
64.15(2) the criteria and process to be followed if it is determined that the site failed
64.16to comply with district oversight and accountability requirements as outlined in the
64.17agreement; and
64.18(3) other performance provisions as agreed to.
64.19(b) All agreements shall be filed with the commissioner. The initial agreement shall
64.20be for up to three years, shall be reviewed annually, and may be renewed by the district
64.21board for additional terms of up to five years based on the performance of the school.
64.22 Subd. 6.
Board termination of self-governed, teacher-powered school authority.
64.23(a) The district board may terminate the agreement for one or more of the following
reasons:
64.24(1) failure of the site to meet the provisions specified in the agreement in subdivision
64.255;
64.26(2) violations of law; or
64.27(3) other good cause shown.
64.28(b) Site-governed
, teacher-powered schools that are terminated or not renewed for
64.29reasons other than cause may request to convert to charter school status as provided
for in
64.30section
124D.10 and, if chartered by the board, shall become the owner of all materials,
64.31supplies, and equipment purchased during the period the school was a site-governed
,
64.32teacher-powered school.
64.33 Sec. 39. Minnesota Statutes 2014, section 124D.09, subdivision 5, is amended to read:
64.34 Subd. 5.
Authorization; notification. Notwithstanding any other law to the
64.35contrary, an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled
65.1tribal contract or grant school eligible for aid under section
124D.83, except a foreign
65.2exchange pupil enrolled in a district under a cultural exchange program, may apply
to an
65.3eligible institution, as defined in subdivision 3, to enroll in nonsectarian courses
offered by
65.4that postsecondary institution. Notwithstanding any other law to the contrary, a 9th
or 10th
65.5grade pupil enrolled in a district or an American Indian-controlled tribal contract
or grant
65.6school eligible for aid under section
124D.83, except a foreign exchange pupil enrolled in
65.7a district under a cultural exchange program, may apply to enroll in nonsectarian
courses
65.8offered under subdivision 10, if
(1) after all 11th and 12th grade students have applied
65.9for a course, additional students are necessary to offer the course
and the school district
65.10and the eligible postsecondary institution providing the course agree to the student's
65.11enrollment or (2) the course is a world language course currently available to 11th
and
65.1212th grade students, and consistent with section 120B.022 governing world language
65.13standards, certificates, and seals. If an institution accepts a secondary pupil for enrollment
65.14under this section, the institution shall send written notice to the pupil, the pupil's
school
65.15or school district, and the commissioner within ten days of acceptance. The notice
must
65.16indicate the course and hours of enrollment of that pupil. If the pupil enrolls in
a course for
65.17postsecondary credit, the institution must notify the pupil about payment in the customary
65.18manner used by the institution.
65.19 Sec. 40. Minnesota Statutes 2014, section 124D.09, subdivision 5a, is amended to read:
65.20 Subd. 5a.
Authorization; career or technical education. A 10th, 11th, or 12th
65.21grade pupil enrolled in a district or an American Indian-controlled tribal contract
or grant
65.22school eligible for aid under section
124D.83, except a foreign exchange pupil enrolled in
65.23a district under a cultural exchange program, may enroll in a career or technical
education
65.24course offered by a Minnesota state college or university. A 10th grade pupil applying
65.25for enrollment in a career or technical education course under this subdivision must
have
65.26received a passing score on the 8th grade Minnesota Comprehensive Assessment in
65.27reading as a condition of enrollment.
A current 10th grade pupil who did not take the 8th
65.28grade Minnesota Comprehensive Assessment in reading may substitute another reading
65.29assessment accepted by the enrolling postsecondary institution. A secondary pupil may
65.30enroll in the pupil's first postsecondary options enrollment course under this subdivision.
65.31A student who is refused enrollment by a Minnesota state college or university under
this
65.32subdivision may apply to an eligible institution offering a career or technical education
65.33course. The postsecondary institution must give priority to its students according
to
65.34subdivision 9. If a secondary student receives a grade of "C" or better in the career
or
65.35technical education course taken under this subdivision, the postsecondary institution
66.1must allow the student to take additional postsecondary courses for secondary credit
at
66.2that institution, not to exceed the limits in subdivision 8. A "career or technical
course" is
66.3a course that is part of a career and technical education program that provides individuals
66.4with coherent, rigorous content aligned with academic standards and relevant technical
66.5knowledge and skills needed to prepare for further education and careers in current
and
66.6emerging professions and provide technical skill proficiency, an industry recognized
66.7credential, and a certificate, a diploma, or an associate degree.
66.8 Sec. 41. Minnesota Statutes 2014, section 124D.09, subdivision 8, is amended to read:
66.9 Subd. 8.
Limit on participation. A pupil who first enrolls in grade 9 may not
66.10enroll in postsecondary courses under this section for secondary credit for more than
66.11the equivalent of four academic years. A pupil who first enrolls in grade 10 may not
66.12enroll in postsecondary courses under this section for secondary credit for more than
66.13the equivalent of three academic years. A pupil who first enrolls in grade 11 may
not
66.14enroll in postsecondary courses under this section for secondary credit for more than
the
66.15equivalent of two academic years. A pupil who first enrolls in grade 12 may not enroll
in
66.16postsecondary courses under this section for secondary credit for more than the equivalent
66.17of one academic year. If a pupil in grade 9, 10, 11, or 12 first enrolls in a postsecondary
66.18course for secondary credit during the school year, the time of participation shall
be
66.19reduced proportionately. If a pupil is in a learning year or other year-round program
and
66.20begins each grade in the summer session, summer sessions shall not be counted against
66.21the time of participation.
If a school district determines a pupil is not on track to graduate,
66.22the limit on participation does not apply to that pupil. A pupil who has graduated from
66.23high school cannot participate in a program under this section. A pupil who has completed
66.24course requirements for graduation but who has not received a diploma may participate
in
66.25the program under this section.
66.26 Sec. 42. Minnesota Statutes 2014, section 124D.09, subdivision 9, is amended to read:
66.27 Subd. 9.
Enrollment priority. (a) A postsecondary institution shall give priority to
66.28its postsecondary students when enrolling 10th, 11th, and 12th grade pupils in its
courses.
66.29A postsecondary institution may provide information about its programs to a secondary
66.30school or to a pupil or parent and it may advertise or otherwise recruit or solicit
a secondary
66.31pupil to enroll in its programs on
educational and programmatic grounds only except,
66.32notwithstanding other law to the contrary, and for the 2014-2015 through 2019-2020
66.33school years only, an eligible postsecondary institution may advertise or otherwise
recruit
67.1or solicit a secondary pupil residing in a school district with 700 students or more
in grades
67.210, 11, and 12, to enroll in its programs on educational, programmatic, or financial grounds.
67.3(b) An institution must not enroll secondary pupils, for postsecondary enrollment
67.4options purposes, in remedial, developmental, or other courses that are not college
level
67.5except when a student eligible to participate
and enrolled in the graduation incentives
67.6program under section
124D.68 enrolls full time in a middle or early college program
. A
67.7middle or early college program must be specifically designed to allow the student to earn
67.8dual high school and college credit
with a well-defined pathway to allow the student to earn
67.9a postsecondary degree or credential. In this case, the student shall receive developmental
67.10college credit and not college credit for completing remedial or developmental courses.
67.11(c) Once a pupil has been enrolled in any postsecondary course under this section,
67.12the pupil shall not be displaced by another student.
67.13(b) (d) If a postsecondary institution enrolls a secondary school pupil in a course
67.14under this section, the postsecondary institution also must enroll in the same course
an
67.15otherwise enrolled and qualified postsecondary student who qualifies as a veteran
under
67.16section
197.447, and demonstrates to the postsecondary institution's satisfaction that the
67.17institution's established enrollment timelines were not practicable for that student.
67.18EFFECTIVE DATE.This section is effective the day following final enactment.
67.19 Sec. 43. Minnesota Statutes 2014, section 124D.09, subdivision 12, is amended to read:
67.20 Subd. 12.
Credits. A pupil must not audit a course under this section.
67.21A district shall grant academic credit to a pupil enrolled in a course for secondary
67.22credit if the pupil successfully completes the course. Seven quarter or four semester
67.23college credits equal at least one full year of high school credit. Fewer college
credits may
67.24be prorated. A district must also grant academic credit to a pupil enrolled in a course
for
67.25postsecondary credit if secondary credit is requested by a pupil. If no comparable
course is
67.26offered by the district, the district must, as soon as possible, notify the commissioner,
who
67.27shall determine the number of credits that shall be granted to a pupil who successfully
67.28completes a course. If a comparable course is offered by the district, the school
board
67.29shall grant a comparable number of credits to the pupil. If there is a dispute between
the
67.30district and the pupil regarding the number of credits granted for a particular course,
the
67.31pupil may appeal the board's decision to the commissioner. The commissioner's decision
67.32regarding the number of credits shall be final.
67.33The secondary credits granted to a pupil must be counted toward the graduation
67.34requirements and subject area requirements of the district. Evidence of successful
67.35completion of each course and secondary credits granted must be included in the pupil's
68.1secondary school record. A pupil shall provide the school with a copy of the pupil's
grade
68.2in each course taken for secondary credit under this section. Upon the request of
a pupil,
68.3the pupil's secondary school record must also include evidence of successful completion
68.4and credits granted for a course taken for postsecondary credit. In either case, the
record
68.5must indicate that the credits were earned at a postsecondary institution.
68.6If a pupil enrolls in a postsecondary institution after leaving secondary school,
the
68.7postsecondary institution must award postsecondary credit for any course successfully
68.8completed for secondary credit at that institution. Other postsecondary institutions
may
68.9award, after a pupil leaves secondary school, postsecondary credit for any courses
68.10successfully completed under this section. An institution may not charge a pupil for
68.11the award of credit.
68.12The Board of Trustees of the Minnesota State Colleges and Universities and
68.13the Board of Regents of the University of Minnesota must, and private nonprofit and
68.14proprietary postsecondary institutions should, award postsecondary credit for any
68.15successfully completed courses in a program certified by the National Alliance of
68.16Concurrent Enrollment Partnerships offered according to an agreement under subdivision
68.1710.
Consistent with section 135A.101, subdivision 3, all MnSCU institutions must give
68.18full credit to a secondary pupil who completes for postsecondary credit a postsecondary
68.19course or program that is part or all of a goal area or a transfer curriculum at a
MnSCU
68.20institution when the pupil enrolls in a MnSCU institution after leaving secondary
school.
68.21Once one MnSCU institution certifies as completed a secondary student's postsecondary
68.22course or program that is part or all of a goal area or a transfer curriculum, every
MnSCU
68.23institution must consider the student's course or program for that goal area or the
transfer
68.24curriculum as completed.
68.25EFFECTIVE DATE.This section is effective for the 2015-2016 school year and
68.26later.
68.27 Sec. 44. Minnesota Statutes 2014, section 124D.091, subdivision 1, is amended to read:
68.28 Subdivision 1.
Accreditation. To establish a uniform standard by which
68.29concurrent enrollment courses and professional development activities may be measured,
68.30postsecondary institutions
are encouraged to apply for accreditation by must adopt and
68.31implement the National Alliance of Concurrent Enrollment
Partnership Partnership's
68.32program standards and required evidence for accreditation by the 2020-2021 school
year
68.33and later.
68.34 Sec. 45. Minnesota Statutes 2014, section 124D.73, subdivision 3, is amended to read:
69.1 Subd. 3.
Advisory task force Tribal Nations Education Committee. "Advisory
69.2task force" "Tribal Nations Education Committee" means the
state advisory task force
69.3committee established through tribal directive that the commissioner consults with
69.4on American Indian education programs
, policy, and all matters related to educating
69.5Minnesota's American Indian students.
69.6 Sec. 46. Minnesota Statutes 2014, section 124D.73, subdivision 4, is amended to read:
69.7 Subd. 4.
Participating school; American Indian school. "Participating school"
69.8and "American Indian school" mean a school that:
69.9(1) is not operated by a school district; and
69.10(2) is eligible for a grant under
federal Title
IV of the Indian VII of the Elementary
69.11and Secondary Education Act for the education of American Indian children.
69.12 Sec. 47. Minnesota Statutes 2014, section 124D.74, subdivision 1, is amended to read:
69.13 Subdivision 1.
Program described. American Indian education programs are
69.14programs in public elementary and secondary schools, nonsectarian nonpublic, community,
69.15tribal, charter, or alternative schools enrolling American Indian children designed
to:
69.16(1) support postsecondary preparation for pupils;
69.17(2) support the academic achievement of American Indian students
with identified
69.18focus to improve reading and mathematic skills;
69.19(3) make the curriculum
more relevant to the needs, interests, and cultural heritage
69.20of American Indian pupils;
69.21(4) provide positive reinforcement of the self-image of American Indian pupils;
69.22(5) develop intercultural awareness among pupils, parents, and staff; and
69.23(6) supplement, not supplant, state and federal educational and cocurricular programs.
69.24Program
components may include: development of support components for students in
69.25the areas of services designed to increase completion and graduation rates of American
69.26Indian students must emphasize academic achievement, retention, and attendance;
69.27development of support
components services for staff, including in-service training and
69.28technical assistance in methods of teaching American Indian pupils; research projects,
69.29including
experimentation with innovative teaching approaches and evaluation of
69.30methods of relating to American Indian pupils; provision of
personal and vocational
69.31career counseling to American Indian pupils; modification of curriculum, instructional
69.32methods, and administrative procedures to meet the needs of American Indian pupils;
and
69.33supplemental instruction in American Indian language, literature, history, and culture.
69.34Districts offering programs may make contracts for the provision of program
components
70.1services by establishing cooperative liaisons with tribal programs and American Indian
70.2social service agencies. These programs may also be provided as components of early
70.3childhood and family education programs.
70.4 Sec. 48. Minnesota Statutes 2014, section 124D.74, subdivision 3, is amended to read:
70.5 Subd. 3.
Enrollment of other children; shared time enrollment. To the extent
70.6it is economically feasible, a district or participating school may make provision
for the
70.7voluntary enrollment of non-American Indian children in the instructional components
of
70.8an American Indian education program in order that they may acquire an understanding
of
70.9the cultural heritage of the American Indian children for whom that particular program
is
70.10designed. However, in determining eligibility to participate in a program, priority
must be
70.11given to American Indian children. American Indian children and other children enrolled
70.12in an existing nonpublic school system may be enrolled on a shared time basis in
all
70.13academic, targeted services, and American Indian education programs.
70.14 Sec. 49. Minnesota Statutes 2014, section 124D.74, subdivision 6, is amended to read:
70.15 Subd. 6.
Nonverbal courses and extracurricular activities. In predominantly
70.16nonverbal subjects, such as art, music, and physical education, American Indian children
70.17shall participate fully and on an equal basis with their
contemporaries peers in school
70.18classes provided for these subjects. Every school district or participating school
shall
70.19ensure to children enrolled in American Indian education programs an equal and
70.20meaningful opportunity to participate fully with other children in all extracurricular
70.21activities. This subdivision shall not be construed to prohibit instruction in nonverbal
70.22subjects or extracurricular activities which relate to the cultural heritage of the
American
70.23Indian children, or which are otherwise necessary to accomplish the objectives described
70.24in sections
124D.71 to
124D.82.
70.25 Sec. 50. Minnesota Statutes 2014, section 124D.75, subdivision 1, is amended to read:
70.26 Subdivision 1.
American Indian language and culture education licenses. The
70.27Board of Teaching
, in consultation with the Tribal Nations Education Committee, must
70.28grant initial and continuing teaching licenses in American Indian language and culture
70.29education that bear the same duration as other initial and continuing licenses. The
board
70.30must grant licenses to persons who present satisfactory evidence that they:
70.31(1) possess competence in an American Indian language or possess unique
70.32qualifications relative to or knowledge and understanding of American Indian history
70.33and culture; or
71.1(2) possess a bachelor's degree or other academic degree approved by the board or
71.2meet such requirements as to course of study and training as the board may prescribe,
or
71.3possess such relevant experience as the board may prescribe.
71.4This evidence may be presented by affidavits,
tribal resolutions, or by such other
71.5methods as the board may prescribe. Individuals may present applications for licensure
on
71.6their own behalf or these applications may be submitted by the superintendent or other
71.7authorized official of a school district, participating school, or an American Indian
school.
71.8 Sec. 51. Minnesota Statutes 2014, section 124D.75, subdivision 3, is amended to read:
71.9 Subd. 3.
Resolution or letter. All persons applying for a license under this section
71.10must submit to the board a resolution or letter of support signed by an American Indian
71.11tribal government
or its designee. All persons holding a license under this section
on July
71.121, 1995, must have on file or file with the board a resolution or letter of support signed
by
71.13a tribal government
or its designee by January 1, 1996, or the next renewal date of the
71.14license thereafter.
71.15 Sec. 52. Minnesota Statutes 2014, section 124D.75, subdivision 9, is amended to read:
71.16 Subd. 9.
Affirmative efforts in hiring. In hiring for all positions in these programs,
71.17school districts and participating schools shall give preference to and make affirmative
71.18efforts to seek, recruit, and employ persons who share the culture of the American
Indian
71.19children who are enrolled in the program. The district or participating school
shall must
71.20provide procedures for the involvement of the parent advisory committees in
designing
71.21the procedures for the recruitment, screening and selection of applicants. This subdivision
71.22shall not be construed to limit the school board's authority to hire and discharge
personnel.
71.23 Sec. 53. Minnesota Statutes 2014, section 124D.76, is amended to read:
71.24124D.76 TEACHERS AIDES; COMMUNITY COORDINATORS, INDIAN
71.25HOME/SCHOOL LIAISONS, PARAPROFESSIONALS.
71.26In addition to employing American Indian language and culture education teachers,
71.27each district or participating school providing programs pursuant to sections
124D.71 to
71.28124D.82
may employ
teachers' aides paraprofessionals.
Teachers' aides Paraprofessionals
71.29must not be employed for the purpose of supplanting American Indian language and
71.30culture education teachers.
71.31Any district or participating school which conducts American Indian education
71.32programs pursuant to sections
124D.71 to
124D.82 must employ one or more full-time
71.33or part-time community coordinators
or Indian home/school liaisons if there are 100 or
72.1more
American Indian students enrolled in the
program district. Community coordinators
72.2shall promote communication understanding, and cooperation between the schools and
the
72.3community and shall visit the homes of children who are to be enrolled in an American
72.4Indian education program in order to convey information about the program.
72.5 Sec. 54. Minnesota Statutes 2014, section 124D.78, is amended to read:
72.6124D.78 PARENT AND COMMUNITY PARTICIPATION.
72.7 Subdivision 1.
Parent committee. School boards and American Indian schools
72.8must provide for the maximum involvement of parents of children enrolled in education
72.9programs, programs for elementary and secondary grades, special education programs,
72.10and support services. Accordingly, the board of a school district in which there are
ten
72.11or more American Indian
children students enrolled and each American Indian school
72.12must establish
a an American Indian education parent
advisory committee. If a committee
72.13whose membership consists of a majority of parents of American Indian children has
been
72.14or is established according to federal, tribal, or other state law, that committee
may serve
72.15as the committee required by this section and is subject to, at least, the requirements
of
72.16this subdivision and subdivision 2.
72.17The
American Indian education parent
advisory committee must develop its
72.18recommendations in consultation with the curriculum advisory committee required by
72.19section
120B.11, subdivision 3. This committee must afford parents the necessary
72.20information and the opportunity effectively to express their views concerning all
aspects
72.21of American Indian education and the educational needs of the American Indian children
72.22enrolled in the school or program.
The committee must also address the need for adult
72.23education programs for American Indian people in the community. The
school board or
72.24American Indian school must ensure that programs are planned, operated, and evaluated
72.25with the involvement of and in consultation with parents of
children students served by
72.26the programs.
72.27 Subd. 2.
Resolution of concurrence. Prior to
December March 1, the
school
72.28board or American Indian school must submit to the department a copy of a resolution
72.29adopted by the
American Indian education parent
advisory committee. The copy must be
72.30signed by the chair of the committee and must state whether the committee concurs
with
72.31the educational programs for American Indian
children students offered by the school
72.32board or American Indian school. If the committee does not concur with the educational
72.33programs, the reasons for nonconcurrence and recommendations shall be submitted with
72.34the resolution. By resolution, the board must respond
in writing within 60 days, in cases
73.1of nonconcurrence, to each recommendation made by the committee and state its reasons
73.2for not implementing the recommendations.
73.3 Subd. 3.
Membership. The
American Indian education parent advisory committee
73.4must be composed of parents of children eligible to be enrolled in American Indian
73.5education programs; secondary students eligible to be served; American Indian language
73.6and culture education teachers and
aides paraprofessionals; American Indian teachers;
73.7counselors; adult American Indian people enrolled in educational programs; and
73.8representatives from community groups. A majority of each committee must be parents
73.9of children enrolled or eligible to be enrolled in the programs. The number of parents
73.10of American Indian and non-American Indian children shall reflect approximately the
73.11proportion of children of those groups enrolled in the programs.
73.12 Subd. 4.
Alternate committee. If the organizational membership or the board
73.13of directors of an American Indian school consists of parents of children attending
the
73.14school, that membership or board may serve also as the
American Indian education parent
73.15advisory committee.
73.16 Sec. 55. Minnesota Statutes 2014, section 124D.79, subdivision 1, is amended to read:
73.17 Subdivision 1.
American Indian community involvement. The commissioner
73.18must provide for the maximum involvement of the
state committees on American Indian
73.19education Tribal Nations Education Committee, parents of American Indian children,
73.20secondary students eligible to be served, American Indian language and culture education
73.21teachers, American Indian teachers,
teachers' aides paraprofessionals, representatives of
73.22community groups, and persons knowledgeable in the field of American Indian education,
73.23in the formulation of policy and procedures relating to the administration of sections
73.24124D.71
to
124D.82. The commissioner must annually hold a field hearing on Indian
73.25education to gather input from American Indian educators, parents, and students on
the
73.26state of American Indian education in Minnesota. Results of the hearing must be made
73.27available to all 11 tribal nations for review and comment.
73.28 Sec. 56. Minnesota Statutes 2014, section 124D.79, subdivision 2, is amended to read:
73.29 Subd. 2.
Technical assistance. The commissioner shall provide technical assistance
73.30to districts, schools and postsecondary institutions for preservice and in-service
training
73.31for
teachers, American Indian education teachers and
teacher's aides, paraprofessionals
73.32specifically designed to implement culturally responsive teaching methods,
culturally
73.33based curriculum development, testing and testing mechanisms, and the development of
73.34materials for American Indian education programs.
74.1 Sec. 57. Minnesota Statutes 2014, section 124D.791, subdivision 4, is amended to read:
74.2 Subd. 4.
Duties; powers. The Indian education director shall:
74.3(1) serve as the liaison for the department with the Tribal Nations Education
74.4Committee, the 11
reservations tribal communities in Minnesota, the Minnesota Chippewa
74.5tribe,
and the Minnesota Indian Affairs Council
, and the Urban Advisory Council;
74.6(2) evaluate the state of American Indian education in Minnesota;
74.7(3) engage the tribal bodies, community groups, parents of children eligible to be
74.8served by American Indian education programs, American Indian administrators and
74.9teachers, persons experienced in the training of teachers for American Indian education
74.10programs, the tribally controlled schools, and other persons knowledgeable in the
field of
74.11American Indian education and seek their advice on policies that can improve the quality
74.12of American Indian education;
74.13(4) advise the commissioner on American Indian education issues, including:
74.14(i) issues facing American Indian students;
74.15(ii) policies for American Indian education;
74.16(iii) awarding scholarships to eligible American Indian students and in administering
74.17the commissioner's duties regarding awarding of American Indian
postsecondary
74.18preparation education grants to school districts; and
74.19(iv) administration of the commissioner's duties under sections
124D.71 to
124D.82
74.20and other programs for the education of American Indian people;
74.21(5) propose to the commissioner legislative changes that will improve the quality
74.22of American Indian education;
74.23(6) develop a strategic plan and a long-term framework for American Indian
74.24education, in conjunction with the Minnesota Indian Affairs Council, that is updated
every
74.25five years and implemented by the commissioner, with goals to:
74.26(i) increase American Indian student achievement, including increased levels of
74.27proficiency and growth on statewide accountability assessments;
74.28(ii) increase the number of American Indian teachers in public schools;
74.29(iii) close the achievement gap between American Indian students and their more
74.30advantaged peers;
74.31(iv) increase the statewide graduation rate for American Indian students; and
74.32(v) increase American Indian student placement in postsecondary programs and
74.33the workforce; and
74.34(7) keep the American Indian community informed about the work of the department
74.35by reporting to the Tribal Nations Education Committee at each committee meeting.
75.1 Sec. 58. Minnesota Statutes 2014, section 124D.861, is amended to read:
75.2124D.861 ACHIEVEMENT AND INTEGRATION FOR MINNESOTA.
75.3 Subdivision 1.
Program to close the academic achievement and opportunity
75.4gap; revenue uses. (a) The "Achievement and Integration for Minnesota " program is
75.5established to
pursue improve academic achievement and promote racial and economic
75.6integration
and increase student academic achievement, to create equitable educational
75.7opportunities
and outcomes, and reduce academic disparities based on students' diverse
75.8racial, ethnic, and economic backgrounds in Minnesota public schools.
75.9(b) For purposes of this section and section
124D.862, "eligible district" means a
75.10district required to submit a plan to the commissioner under Minnesota Rules governing
75.11school desegregation and integration, or be a member of a multidistrict integration
75.12collaborative that files a plan with the commissioner
and "hard to staff" classroom or
75.13school means a classroom or school designated as such by the school board because
of the
75.14difficulty of attracting or retaining qualified and effective teachers at that site.
75.15(c) Eligible districts must use the
revenue aid under section
124D.862 to
pursue
75.16improve the academic achievement
and racial and economic integration through: (1)
75.17integrated learning environments that prepare of all students
to be effective citizens and
75.18enhance social cohesion; (2) policies and curricula and trained instructors, administrators,
75.19school counselors, and other advocates to support and enhance integrated learning
75.20environments under this section, including through magnet schools, innovative,
75.21research-based instruction, differentiated instruction, and targeted interventions
to improve
75.22achievement; and (3) rigorous career and college readiness programs for underserved
75.23student populations, consistent with section
120B.30, subdivision 1; integrated learning
75.24environments to increase student academic achievement; cultural fluency, competency,
75.25and interaction; graduation and educational attainment rates; and parent involvement. and
75.26eliminate disparities in academic achievement among student subgroups through:
75.27(1) school choice programs, innovative academic instruction, and best teaching
75.28practices;
75.29(2) opportunity programs proven to increase students' access to academic rigor and
75.30focused on college and career readiness;
75.31(3) family engagement programs that promote involvement in students' academic
75.32life and success;
75.33(4) extended day and extended week programs;
75.34(5) summer school academies;
75.35(6) before and after school academic programs;
75.36(7) prekindergarten or other early learning programs; and
76.1(8) other programs proven through data to improve students' academic achievement.
76.2(d) Eligible districts may use the levy under section 124D.862 to promote racial
76.3and academic integration through:
76.4(1) integrated learning environments that prepare all students to be effective citizens
76.5and enhance social cohesion, cultural fluency, competency, and interaction;
76.6(2) policies, curricula, and trained instructors, administrators, school counselors,
76.7and other advocates to support and enhance integrated learning environments under
this
76.8section, including, but not limited to, through magnet schools, before and after school
76.9programming, and summer activities and academies; or
76.10(3) other locally developed, innovative programs or opportunities.
76.11(e) Eligible districts may use the aid and the levy under section 124D.862 to increase
76.12teacher and administrator diversity through recruitment and retention policies and
to
76.13provide incentives for teachers to teach in hard-to-staff schools or classrooms.
76.14Notwithstanding any law to the contrary, a cash incentive may be paid directly to
a teacher
76.15teaching in a hard-to-staff school or classroom.
76.16 Subd. 2.
Plan implementation; components. (a) The school board of each
76.17eligible district must formally develop and implement a
long-term comprehensive plan
76.18under this section consistent with subdivision 1, containing specific district and school
76.19goals for eliminating the disparities in students' academic achievement and promoting
76.20students' academic success. The plan
must may be incorporated into the district's
76.21comprehensive strategic plan under section
120B.11 and may include students enrolled
76.22in alternative learning centers under section
126C.05, subdivision 15, and contract
76.23alternative programs under section
124D.69.
Plan components may include: innovative
76.24and integrated prekindergarten through grade 12 learning environments that offer students
76.25school enrollment choices; family engagement initiatives that involve families in
their
76.26students' academic life and success; professional development opportunities for teachers
76.27and administrators focused on improving the academic achievement of all students;
76.28increased programmatic opportunities focused on rigor and college and career readiness
76.29for underserved students, including students enrolled in alternative learning centers
under
76.30section
123A.05, public alternative programs under section
126C.05, subdivision 15, and
76.31contract alternative programs under section
124D.69, among other underserved students;
76.32or recruitment and retention of teachers and administrators with diverse racial and
ethnic
76.33backgrounds. The plan must contain goals for: (1) reducing the disparities in academic
76.34achievement among all students and specific categories of students under section
120B.35,
76.35subdivision 3
, paragraph (b), excluding the student categories of gender, disability, and
76.36English learners; and (2) increasing racial and economic integration in schools and
77.1districts The board may also develop and implement an integration plan to increase racial
77.2and economic integration in schools and districts.
77.3(b) Among other requirements, an eligible district must implement
effective
77.4cost-effective, research-based interventions that include formative assessment practices
77.5to
reduce eliminate the disparities in student academic
performance among the specific
77.6achievement between the highest and lowest performing racial and ethnic categories of
77.7students as measured by student
progress and growth demonstration of proficiency and
77.8growth on state reading and math assessments
and as aligned with section
120B.11.
77.9(c) Eligible districts
must create may collaborate in creating efficiencies and
77.10eliminate eliminating duplicative programs and services under this section
, which
77.11may include forming collaborations or a single, seven-county metropolitan areawide
77.12partnership of eligible districts for this purpose.
77.13 Subd. 3.
Public engagement; progress report and biennial report; budget
77.14process. (a) To receive
revenue aid under section
124D.862, the school board of an
77.15eligible district must
incorporate school and district plan components under section
77.16120B.11 into the district's comprehensive integration plan.
77.17(b) A school board must hold at least one formal annual hearing to publicly report its
77.18progress in realizing the goals identified in its plan. At the hearing, the board
must provide
77.19the public with longitudinal data demonstrating district and school progress in
reducing
77.20the disparities in student eliminating the academic
performance among the specified
77.21categories of students and in realizing racial and economic integration achievement
77.22gap, consistent with the district plan and the measures in paragraph
(a) (b). At least 30
77.23days before the formal hearing under this paragraph, the board must post its plan,
its
77.24preliminary analysis, relevant student performance data, and other longitudinal data
on
77.25the district's Web site. A district must hold one hearing to meet the hearing requirements
77.26of both this section and section
120B.11.
The board must also include in this hearing a
77.27discussion of its integration plan.
77.28(c) (b) The district must submit a detailed budget to the commissioner by March
77.2915 in the year before it implements its
achievement gap elimination plan.
If a district
77.30develops an integration plan, the district must also submit a budget for its integration
77.31activities at the same time. The commissioner must review, and approve or disapprove the
77.32district's
budget budgets by June 1 of that year.
77.33(d) (c) The longitudinal data required under paragraph (a) must be based on student
77.34growth and progress in reading and mathematics, as defined under section
120B.30,
77.35subdivision 1,
and student performance data and achievement reports from fully adaptive
77.36reading and mathematics assessments for grades 3 through
7 8, and high school reading
78.1and math tests beginning in the 2015-2016 school year under section
120B.30, subdivision
78.21a
, and either (i) school enrollment choices, (ii) the number of world language proficiency
78.3or high achievement certificates awarded under section
120B.022, subdivision 1a, or
78.4the number of state bilingual and multilingual seals issued under section
120B.022,
78.5subdivision 1b
, or (iii)school safety and students' engagement and connection at school
78.6under section
120B.35, subdivision 3, paragraph (d).
Additional longitudinal data may be
78.7based on: students' progress toward career and college readiness under section
120B.30,
78.8subdivision 1
; or rigorous coursework completed under section
120B.35, subdivision 3,
78.9paragraph (c), clause (2).
78.10 Subd. 4.
Timeline and implementation. A board must approve its
achievement
78.11gap elimination plan and submit it to the department by March 15. If a district that is part
78.12of a multidistrict council applies for revenue for a plan, the individual district
shall not
78.13receive
revenue aid unless it ratifies the plan adopted by the multidistrict council. Each
78.14plan has a term of three years.
For the 2014-2015 school year, an eligible district under
78.15this section must submit its plan to the commissioner for review by March 15, 2014.
For
78.16the 2013-2014 school year only, an eligible district may continue to implement its
current
78.17plan until the commissioner approves a new plan under this section.
78.18 Subd. 5.
Evaluation. The commissioner must evaluate the efficacy of district plans
78.19in
reducing eliminating the disparities in student academic
performance achievement
78.20among the specified categories of students within the district, and
where applicable, in
78.21realizing racial and economic integration. The commissioner shall report evaluation
78.22results to the kindergarten through grade 12 education committees of the legislature
by
78.23February 1 of every
odd-numbered fourth year
beginning February 1, 2017.
78.24EFFECTIVE DATE.This section is effective for revenue for fiscal year 2016
78.25and later.
78.26 Sec. 59. Minnesota Statutes 2014, section 124D.862, is amended to read:
78.27124D.862 ACHIEVEMENT GAP ELIMINATION REVENUE AND
78.28INTEGRATION REVENUE LEVY.
78.29 Subdivision 1.
Initial achievement and integration gap elimination revenue. (a)
78.30An eligible district's initial achievement
and integration gap elimination revenue equals
78.31the lesser of
100.3 100.2 percent of the district's expenditures under the budget approved
78.32by the commissioner under section
124D.861, subdivision 3, paragraph (c), excluding
78.33expenditures used to generate incentive revenue under subdivision 2, or the sum of
(1)
78.34$350 times the district's adjusted pupil units for that year times the ratio of the
district's
79.1enrollment of protected students for the previous school year to total enrollment
for the
79.2previous school year and (2) the greater of zero or 66 percent of the difference between
the
79.3district's integration revenue for fiscal year 2013 and the district's integration
revenue for
79.4fiscal year 2014 under clause (1).
79.5(b) In each year, 0.3 percent of each district's initial achievement and integration
79.6revenue is transferred to the department for the oversight and accountability activities
79.7required under this section and section
124D.861.
79.8 Subd. 2.
Incentive revenue. An eligible school district's maximum incentive
79.9revenue equals $10 per adjusted pupil unit. A district's incentive revenue equals
the
79.10lesser of the maximum incentive revenue or the district's expenditures for implementing
a
79.11voluntary plan to reduce racial and economic enrollment disparities through intradistrict
79.12and interdistrict activities that have been approved as a part of the district's achievement
79.13and integration plan under the budget approved by the commissioner under section
79.14124D.861, subdivision 3
, paragraph (c).
79.15 Subd. 3.
Achievement and integration gap elimination revenue. Achievement
79.16and integration gap elimination revenue equals the sum of initial achievement
and
79.17integration gap elimination revenue and incentive revenue.
79.18 Subd. 4.
Achievement and integration gap elimination aid. For fiscal year 2015
79.19and later, A district's achievement
and integration gap elimination aid equals
the lesser of (1)
79.20$350 times the district's adjusted pupil units for that year; (2) 70 percent of its achievement
79.21and integration gap elimination revenue
; or (3) the district's actual expenditures under the
79.22budget approved by the commissioner under section 124D.861, subdivision 3.
79.23 Subd. 5.
Achievement and Integration levy. A district's
achievement and
79.24integration levy equals
the sum of: (1) 30 percent of its achievement
and integration gap
79.25elimination revenue
times 30 percent under subdivision 3; and (2) the greater of zero or
79.26the difference between the district's initial integration revenue under clause (1)
and an
79.27amount equal to $350 times the district's adjusted pupil units for that year. For Special
79.28School District No. 1, Minneapolis; Independent School District No. 625, St. Paul;
and
79.29Independent School District No. 709, Duluth, 100 percent of the levy certified under
79.30this subdivision is shifted into the prior calendar year for purposes of sections
123B.75,
79.31subdivision 5
, and
127A.441.
79.32 Subd. 6.
Revenue uses. (a) At least
80 90 percent of a district's achievement
and
79.33integration revenue gap elimination aid received under this section must be used for
79.34innovative and integrated learning environments, school enrollment choices, family
79.35engagement activities, academic programming consistent with the plan under section
80.1124D.861, subdivision 1, and other approved programs providing direct
instructional
80.2services to students.
80.3(b) Up to
20 five percent of the
revenue aid may be used for professional
80.4development and staff development activities and placement services.
80.5(c) No more than
ten five percent of the total amount of
revenue aid may be spent on
80.6administrative services.
80.7 Subd. 7.
Revenue reserved. Integration revenue Achievement gap elimination aid
80.8received under this section must be reserved and used only for the programs authorized
in
80.9subdivision
2 6. The integration levy under subdivision 5, clause (1), must be reserved
80.10and used only for the purposes of the district's integration plan adopted under section
80.11124D.861, subdivision 1.
80.12 Subd. 8.
Commissioner authority to withhold revenue. (a) The commissioner
80.13must review the results of each district's
integration and achievement
gap elimination
80.14plan by August 1 at the end of the third year of implementing the plan and determine
if
80.15the district met its goals.
80.16(b) If a district met its goals, it may submit a new three-year plan to the commissioner
80.17for review.
80.18(c) If a district has not met its goals, the commissioner must:
80.19(1) develop a district improvement plan and timeline, in consultation with the
80.20affected district, that identifies strategies and practices designed to meet the district's
goals
80.21under this section and section
120B.11; and
80.22(2) use up to 20 percent of the district's
integration revenue achievement gap
80.23elimination aid, until the district's goals are reached, to implement the improvement plan.
80.24 Subd. 9. Department funding. For fiscal years 2016 and later, an amount equal
80.25to 0.2 percent of the total expenditures under section 124D.862 for fiscal year 2015
is
80.26transferred to the department for oversight and accountability activities required
under
80.27this section and section 124D.861.
80.28EFFECTIVE DATE.This section is effective for revenue for fiscal year 2016
80.29and later.
80.30 Sec. 60. Minnesota Statutes 2014, section 135A.101, is amended by adding a
80.31subdivision to read:
80.32 Subd. 3. Minnesota transfer curriculum. Notwithstanding section 135A.08 or
80.33other law to the contrary, all MnSCU institutions must give full credit to a secondary
pupil
80.34who completes for postsecondary credit a postsecondary course or program that is part
or
80.35all of a goal area or a transfer curriculum at a MnSCU institution when the pupil
enrolls
81.1in a MnSCU institution after leaving secondary school. Once one MnSCU institution
81.2certifies as completed a secondary student's postsecondary course or program that
is part
81.3or all of a goal area or a transfer curriculum, every MnSCU institution must consider
the
81.4student's course or program for that goal area or the transfer curriculum as completed.
81.5EFFECTIVE DATE.This section is effective August 1, 2015.
81.6 Sec. 61. Minnesota Statutes 2014, section 179A.20, is amended by adding a
81.7subdivision to read:
81.8 Subd. 4a. Unrequested leave of absence for teachers. A school board and the
81.9exclusive representative of the teachers may not execute a contract effective for
the
81.102017-2018 school year or later unless the contract contains a plan for unrequested
leave of
81.11absence under section 122A.40, subdivision 10, or a plan for discontinuing or terminating
81.12teachers under section 122A.41, subdivision 14.
81.13EFFECTIVE DATE.This section is effective the day following final enactment.
81.14 Sec. 62. Laws 2014, chapter 312, article 16, section 15, is amended to read:
81.15 Sec. 15.
TEACHER DEVELOPMENT AND EVALUATION REVENUE.
81.16 (a) For fiscal year 2015 only, teacher development and evaluation revenue for a
81.17school district, intermediate school district, or charter school
with any school site that does
81.18not have an alternative professional pay system agreement under Minnesota Statutes,
81.19section
122A.414, subdivision 2, equals $302 times the number of full-time equivalent
81.20teachers employed on October 1 of the previous school year
in each school site without
81.21an alternative professional pay system under Minnesota Statutes, section 122A.414,
81.22subdivision 2.
Except for charter schools, revenue under this section must be reserved for
81.23teacher development and evaluation activities consistent with Minnesota Statutes,
section
81.24122A.40, subdivision 8
, or Minnesota Statutes, section
122A.41, subdivision 5. For the
81.25purposes of this section, "teacher" has the meaning given it in Minnesota Statutes,
section
81.26122A.40, subdivision 1
, or Minnesota Statutes, section
122A.41, subdivision 1.
81.27 (b) Notwithstanding paragraph (a), the state total teacher development and evaluation
81.28revenue entitlement must not exceed $10,000,000 for fiscal year 2015. The commissioner
81.29must limit the amount of revenue under this section so as not to exceed this limit.
81.30EFFECTIVE DATE.This section is effective for fiscal year 2015.
81.31 Sec. 63.
TEACHER LICENSURE AGREEMENTS WITH ADJOINING STATES.
82.1The Board of Teaching must prepare and submit a report to the K-12 education
82.2committees of the legislature by February 15, 2016, indicating the number, contracting
82.3states, and extent of the interstate agreements for teacher licensure under Minnesota
82.4Statutes, section 122A.23, subdivision 3, reached between August 1 and December 31,
82.52015.
82.6EFFECTIVE DATE.This section is effective the day following final enactment.
82.7 Sec. 64.
TRANSFER CURRICULUM REPORT.
82.8By February 1, 2016, the chancellor of the Minnesota State Colleges and
82.9Universities must prepare and submit to the K-12 and higher education committees of
82.10the legislature a report describing the implementation of the transfer curriculum
policy
82.11for postsecondary enrollment options program students under Minnesota Statutes,
82.12sections 124D.09, subdivision 12, and 135A.101, subdivision 3, and how to standardize
82.13Advanced Placement, International Baccalaureate, and college-level exam program course
82.14equivalencies across all state colleges and universities.
82.15EFFECTIVE DATE.This section is effective the day following final enactment.
82.16 Sec. 65.
INTEGRATION LEVY ADJUSTMENT.
82.17Notwithstanding section 59, for fiscal year 2016 only, a school district's achievement
82.18and integration levy under Minnesota Statutes, section 124D.862, that is recognized
82.19entirely in the previous year equals 30 percent of its achievement and integration
revenue
82.20for fiscal year 2016.
82.21 Sec. 66.
APPROPRIATIONS.
82.22 Subdivision 1. Department. The sums indicated in this section are appropriated
82.23from the general fund to the Department of Education for the fiscal years designated.
82.24 Subd. 2. Achievement gap elimination aid. For gap elimination aid under
82.25Minnesota Statutes, section 124D.862:
82.26
|
|
$
|
62,622,000
|
.....
|
2016
|
82.27
|
|
$
|
65,484,000
|
.....
|
2017
|
82.28The 2016 appropriation includes $6,382,000 for 2015 and $56,240,000 for 2016.
82.29The 2017 appropriation includes $6,249,000 for 2016 and $59,235,000 for 2017.
82.30 Subd. 3. Literacy incentive aid. For literacy incentive aid under Minnesota
82.31Statutes, section 124D.98:
83.1
|
|
$
|
44,552,000
|
.....
|
2016
|
83.2
|
|
$
|
45,508,000
|
.....
|
2017
|
83.3The 2016 appropriation includes $4,683,000 for 2015 and $39,869,000 for 2016.
83.4The 2017 appropriation includes $4,429,000 for 2016 and $41,079,000 for 2017.
83.5 Subd. 4. Interdistrict desegregation or integration transportation grants. For
83.6interdistrict desegregation or integration transportation grants under Minnesota Statutes,
83.7section 124D.87:
83.8
|
|
$
|
15,023,000
|
.....
|
2016
|
83.9
|
|
$
|
15,825,000
|
.....
|
2017
|
83.10 Subd. 5. Success for the future. For American Indian success for the future grants
83.11under Minnesota Statutes, section 124D.81:
83.12
|
|
$
|
2,812,000
|
.....
|
2016
|
83.13
|
|
$
|
2,887,000
|
.....
|
2017
|
83.14The 2016 appropriation includes $213,000 for 2015 and $2,599,000 for 2016.
83.15The 2017 appropriation includes $288,000 for 2016 and $2,599,000 for 2017.
83.16 Subd. 6. American Indian teacher preparation grants. From the educator
83.17licensure account in the special revenue fund, unless insufficient funds exist within
the
83.18educator licensure account in which case any remaining funds are from the general
fund,
83.19for joint grants to assist American Indian people to become teachers under Minnesota
83.20Statutes, section 122A.63:
83.21
|
|
$
|
190,000
|
.....
|
2016
|
83.22
|
|
$
|
190,000
|
.....
|
2017
|
83.23 Subd. 7. Tribal contract schools. For tribal contract school aid under Minnesota
83.24Statutes, section 124D.83:
83.25
|
|
$
|
2,157,000
|
.....
|
2016
|
83.26
|
|
$
|
2,273,000
|
.....
|
2017
|
83.27The 2016 appropriation includes $204,000 for 2015 and $1,953,000 for 2016.
83.28The 2017 appropriation includes $216,000 for 2016 and $2,057,000 for 2017.
83.29 Subd. 8. Early childhood programs at tribal schools. For early childhood family
83.30education programs at tribal contract schools under Minnesota Statutes, section 124D.83,
83.31subdivision 4:
83.32
|
|
$
|
68,000
|
.....
|
2016
|
83.33
|
|
$
|
68,000
|
.....
|
2017
|
84.1 Subd. 9. Examination fees; teacher training and support programs. (a) For
84.2students' advanced placement and international baccalaureate examination fees under
84.3Minnesota Statutes, section 120B.13, subdivision 3, and the training and related costs
84.4for teachers and other interested educators under Minnesota Statutes, section 120B.13,
84.5subdivision 1:
84.6
|
|
$
|
4,500,000
|
.....
|
2016
|
84.7
|
|
$
|
4,500,000
|
.....
|
2017
|
84.8(b) The advanced placement program shall receive 75 percent of the appropriation
84.9each year and the international baccalaureate program shall receive 25 percent of
the
84.10appropriation each year. The department, in consultation with representatives of the
84.11advanced placement and international baccalaureate programs selected by the Advanced
84.12Placement Advisory Council and IBMN, respectively, shall determine the amounts of
84.13the expenditures each year for examination fees and training and support programs
for
84.14each program.
84.15(c) Notwithstanding Minnesota Statutes, section 120B.13, subdivision 1, at least
84.16$500,000 each year is for teachers to attend subject matter summer training programs
84.17and follow-up support workshops approved by the advanced placement or international
84.18baccalaureate programs. The amount of the subsidy for each teacher attending an
84.19advanced placement or international baccalaureate summer training program or workshop
84.20shall be the same. The commissioner shall determine the payment process and the amount
84.21of the subsidy.
84.22(d) The commissioner shall pay all examination fees for all students of low-income
84.23families under Minnesota Statutes, section 120B.13, subdivision 3, and, to the extent
84.24of available appropriations, shall also pay examination fees for students sitting
for an
84.25advanced placement examination, international baccalaureate examination, or both.
84.26Any balance in the first year does not cancel but is available in the second year.
84.27 Subd. 10. Concurrent enrollment programs. For concurrent enrollment programs
84.28under Minnesota Statutes, section 124D.091:
84.29
|
|
$
|
5,000,000
|
.....
|
2016
|
84.30
|
|
$
|
8,000,000
|
.....
|
2017
|
84.31If the appropriation is insufficient, the commissioner must proportionately reduce
84.32the aid payment to each district.
84.33Any balance in the first year does not cancel but is available in the second year.
84.34 Subd. 11. Collaborative urban educator. For the collaborative urban educator
84.35grant program:
85.1
|
|
$
|
780,000
|
.....
|
2016
|
85.2
|
|
$
|
780,000
|
.....
|
2017
|
85.3$195,000 each year is for the Southeast Asian teacher program at Concordia
85.4University, St. Paul; $195,000 each year is for the collaborative urban educator program
85.5at the University of St. Thomas; $195,000 each year is for the Center for Excellence
in
85.6Urban Teaching at Hamline University; and $195,000 each year is for the East Africa
85.7Student to Teacher program at Augsburg College.
85.8Any balance in the first year does not cancel but is available in the second year.
85.9Each institution shall prepare for the legislature, by January 15 of each year, a
85.10detailed report regarding the funds used. The report must include the number of teachers
85.11prepared as well as the diversity for each cohort of teachers produced.
85.12 Subd. 12. ServeMinnesota program. For funding ServeMinnesota programs under
85.13Minnesota Statutes, sections 124D.37 to 124D.45:
85.14
|
|
$
|
900,000
|
.....
|
2016
|
85.15
|
|
$
|
900,000
|
.....
|
2017
|
85.16A grantee organization may provide health and child care coverage to the dependents
85.17of each participant enrolled in a full-time ServeMinnesota program to the extent such
85.18coverage is not otherwise available.
85.19 Subd. 13. Student organizations. For student organizations:
85.20
|
|
$
|
725,000
|
.....
|
2016
|
85.21
|
|
$
|
725,000
|
.....
|
2017
|
85.22$46,000 each year is for student organizations serving health occupations.
85.23$100,000 each year is for student organizations serving trade and industry
85.24occupations.
85.25$95,000 each year is for student organizations serving business occupations.
85.26$187,000 each year is for student organizations serving agriculture occupations.
85.27$142,000 each year is for student organizations serving family and consumer science
85.28occupations.
85.29$109,000 each year is for student organizations serving marketing occupations.
85.30$46,000 each year is for the Minnesota Foundation for Student Organizations.
85.31Any balance in the first year does not cancel but is available in the second year.
85.32 Subd. 14. Early childhood literacy programs. For innovation grants to
85.33ServeMinnesota for the Minnesota reading corps program under Minnesota Statutes,
85.34section 124D.42, subdivision 8:
86.1
|
|
$
|
7,375,000
|
.....
|
2016
|
86.2
|
|
$
|
7,375,000
|
.....
|
2017
|
86.3Up to $7,375,000 each year is to help maximize federal and nonpublic funding to
86.4support AmeriCorps members serving in the Minnesota reading corps program established
86.5by ServeMinnesota, including costs to train and teach early literacy skills to children
age
86.6three to grade 3 and to evaluate the impact of the Minnesota reading corps program
under
86.7Minnesota Statutes, section 124D.42, subdivision 8.
86.8Any balance in the first year does not cancel but is available in the second year.
86.9 Subd. 15. Minnesota math corps program. For the Minnesota math corps program
86.10under Minnesota Statutes, section 124D.42, subdivision 9:
86.11
|
|
$
|
250,000
|
.....
|
2016
|
86.12
|
|
$
|
250,000
|
.....
|
2017
|
86.13Any unexpended balance in the first year does not cancel but is available in the
86.14second year.
86.15 Subd. 16. Alternative compensation. For alternative teacher compensation aid
86.16under Minnesota Statutes, section 122A.415, subdivision 4:
86.17
|
|
$
|
78,331,000
|
.....
|
2016
|
86.18
|
|
$
|
77,647,000
|
.....
|
2017
|
86.19The 2016 appropriation includes $7,766,000 for 2015 and $70,565,000 for 2016.
86.20The 2017 appropriation includes $7,840,000 for 2016 and $69,807,000 for 2017.
86.21 Subd. 17. Starbase MN. For a grant to Starbase MN for rigorous science,
86.22technology, engineering, and math (STEM) programs providing students in grades 4 to
86.236 with a multisensory learning experience and a hands-on curriculum in an aerospace
86.24environment using state-of-the-art technology:
86.25
|
|
$
|
924,000
|
.....
|
2016
|
86.26
|
|
$
|
0
|
.....
|
2017
|
86.27This appropriation does not cancel but is available in the second year of the biennium.
86.28The base budget for this appropriation is $500,000 for fiscal year 2018 and later.
86.29All unspent funds, estimated at $924,000 from the Starbase MN appropriation under
86.30Laws 2013, chapter 116, article 3, section 37, subdivision 22, are canceled to the
general
86.31fund on June 30, 2015.
86.32 Subd. 18. Teacher development and evaluation. For teacher development and
86.33evaluation revenue:
87.1
|
|
$
|
1,000,000
|
.....
|
2016
|
87.2The 2016 appropriation includes $1,000,000 for 2015 and $0 for 2016. This is a
87.3onetime appropriation and is available until expended.
87.4 Subd. 19. Recovery program grants. For recovery program grants under
87.5Minnesota Statutes, section 124D.695:
87.6
|
|
$
|
500,000
|
.....
|
2016
|
87.7
|
|
$
|
500,000
|
.....
|
2017
|
87.8Any balance in the first year does not cancel and is available in the second year.
87.9 Subd. 20. Minnesota Principals' Academy. For a grant to the University of
87.10Minnesota, College of Education and Human Development, for the operation of the
87.11Minnesota Principals' Academy:
87.12
|
|
$
|
250,000
|
.....
|
2016
|
87.13
|
|
$
|
250,000
|
.....
|
2017
|
87.14Any balance in the first year does not cancel but is available in the second year.
87.15 Subd. 21. Cancellation; site decision-making grant. All unspent funds, estimated
87.16at $200,000 for the site decision-making grant program appropriation under Laws 2013,
87.17chapter 116, article 3, section 37, subdivision 19, are canceled to the general fund
on
87.18June 30, 2015.
87.19EFFECTIVE DATE.This section is effective the day following final enactment.
87.20 Sec. 67.
REPEALER.
87.21Minnesota Statutes 2014, section 122A.40, subdivision 11, is repealed.
87.22EFFECTIVE DATE.This section is effective beginning in the 2017-2018 school
87.23year and later.
87.25STANDARDS AND ASSESSMENTS
87.26 Section 1. Minnesota Statutes 2014, section 120B.02, subdivision 2, is amended to read:
87.27 Subd. 2.
Graduation requirements. To graduate from high school, students must
87.28demonstrate to their enrolling school district or school their satisfactory completion
of
87.29the credit requirements under section
120B.024 and their understanding of academic
87.30standards
on a nationally normed college entrance exam as required under section
88.1120B.30, subdivision 1, paragraph (c), clause (1). A school district must adopt graduation
88.2requirements that meet or exceed state graduation requirements established in law
or rule.
88.3EFFECTIVE DATE.This section is effective and applies to students entering grade
88.49 in the 2015-2016 school year and later.
88.5 Sec. 2. Minnesota Statutes 2014, section 120B.021, subdivision 4, is amended to read:
88.6 Subd. 4.
Revisions and reviews required. (a) The commissioner of education must
88.7revise and appropriately embed technology and information literacy standards consistent
88.8with recommendations from school media specialists into the state's academic standards
88.9and graduation requirements and implement a ten-year cycle to review and, consistent
88.10with the review, revise state academic standards and related benchmarks, consistent
with
88.11this subdivision. During each ten-year review and revision cycle, the commissioner
also
88.12must examine the alignment of each required academic standard and related benchmark
88.13with the knowledge and skills students need for career and college readiness and advanced
88.14work in the particular subject area. The commissioner must include the contributions
of
88.15Minnesota American Indian tribes and communities as related to the academic standards
88.16during the review and revision of the required academic standards.
88.17 (b) The commissioner must ensure that the statewide mathematics assessments
88.18administered to students in grades 3 through 8 and 11 are aligned with the state academic
88.19standards in mathematics, consistent with section
120B.30, subdivision 1, paragraph
88.20(b). The commissioner must implement a review of the academic standards and related
88.21benchmarks in mathematics beginning in the
2015-2016 2020-2021 school year and
88.22every ten years thereafter.
88.23(c) The commissioner must implement a review of the academic standards and related
88.24benchmarks in arts beginning in the 2016-2017 school year and every ten years thereafter.
88.25(d) The commissioner must implement a review of the academic standards and
88.26related benchmarks in science beginning in the 2017-2018 school year and every ten
88.27years thereafter.
88.28(e) The commissioner must implement a review of the academic standards and
88.29related benchmarks in language arts beginning in the 2018-2019 school year and every
88.30ten years thereafter.
88.31(f) The commissioner must implement a review of the academic standards and
88.32related benchmarks in social studies beginning in the 2019-2020 school year and every
88.33ten years thereafter.
88.34(g) School districts and charter schools must revise and align local academic
88.35standards and high school graduation requirements in health, world languages, and
career
89.1and technical education to require students to complete the revised standards beginning
89.2in a school year determined by the school district or charter school. School districts
and
89.3charter schools must formally establish a periodic review cycle for the academic standards
89.4and related benchmarks in health, world languages, and career and technical education.
89.5EFFECTIVE DATE.This section is effective the day following final enactment.
89.6 Sec. 3. Minnesota Statutes 2014, section 120B.022, subdivision 1, is amended to read:
89.7 Subdivision 1.
Elective standards. A district must establish its own standards in
the
89.8following subject areas:
89.9 (1) career and technical education
; and.
89.10 (2) A district must use the current world languages
standards developed by the
89.11American Council on the Teaching of Foreign Languages.
89.12 A school district must offer courses in all elective subject areas.
89.13 Sec. 4. Minnesota Statutes 2014, section 120B.024, subdivision 2, is amended to read:
89.14 Subd. 2.
Credit equivalencies. (a) A one-half credit of economics taught in a
89.15school's agriculture education or business department may fulfill a one-half credit
in
89.16social studies under subdivision 1, clause (5), if the credit is sufficient to satisfy
all of the
89.17academic standards in economics.
89.18 (b) An agriculture science or career and technical education credit may fulfill
the
89.19credit in chemistry or physics or the elective science credit required under subdivision 1,
89.20clause (4), if the credit meets the state
chemistry or physics, or district biology physical
89.21science, life science, earth and space science, chemistry, or physics academic standards or
89.22a combination of these academic standards as approved by the district.
An agriculture or
89.23career and technical education credit may fulfill the credit in chemistry or physics
required
89.24under subdivision 1, clause (4), if the credit meets the state chemistry or physics
academic
89.25standards as approved by the district. A student must satisfy either all of the chemistry
89.26academic standards or all of the physics academic standards prior to graduation. An
89.27agriculture science or career and technical education credit may not fulfill the required
89.28biology credit under subdivision 1, clause (4).
89.29 (c) A career and technical education credit may fulfill a mathematics or arts credit
89.30requirement under subdivision 1, clause (2) or (6).
89.31(d) An agriculture education teacher is not required to meet the requirements of
89.32Minnesota Rules, part 3505.1150, subpart 1, item B, to meet the credit equivalency
89.33requirements of paragraph (b) above.
90.1(e) A computer science credit may fulfill a mathematics credit requirement under
90.2subdivision 1, clause (2), if the credit meets state academic standards in mathematics.
90.3EFFECTIVE DATE.This section is effective for the 2015-2016 school year and
90.4later.
90.5 Sec. 5. Minnesota Statutes 2014, section 120B.11, subdivision 1a, is amended to read:
90.6 Subd. 1a.
Performance measures. Measures to determine school district and
90.7school site progress in striving to create the world's best workforce must include
at least:
90.8(1) student performance on the National Assessment of Education Progress where
90.9applicable;
90.10(2) the size of the academic achievement gap, rigorous course taking under section
90.11120B.35, subdivision 3
, paragraph (c), clause (2), and enrichment experiences by student
90.12subgroup;
90.13(3) student performance on the Minnesota Comprehensive Assessments
including
90.14attainment of readiness score guidelines identified under section 120B.30, subdivision
1,
90.15paragraph (j);
90.16(4) high school graduation rates; and
90.17(5) career and college readiness under section
120B.30, subdivision 1, paragraph (p).
90.18 Sec. 6. Minnesota Statutes 2014, section 120B.125, is amended to read:
90.19120B.125 PLANNING FOR STUDENTS' SUCCESSFUL TRANSITION
90.20TO POSTSECONDARY EDUCATION AND EMPLOYMENT; PERSONAL
90.21LEARNING PLANS.
90.22(a) Consistent with sections
120B.128,
120B.13,
120B.131,
120B.132,
120B.14,
90.23120B.15
,
120B.30, subdivision 1, paragraph (c), 125A.08, and other related sections,
90.24school districts, beginning in the 2013-2014 school year, must assist all students
by no
90.25later than grade 9 to explore their educational, college, and career interests, aptitudes,
and
90.26aspirations and develop a plan for a smooth and successful transition to postsecondary
90.27education or employment. All students' plans must:
90.28(1) provide a comprehensive plan to prepare for and complete a career and college
90.29ready curriculum by meeting state and local academic standards and developing career
and
90.30employment-related skills such as team work, collaboration, creativity, communication,
90.31critical thinking, and good work habits;
90.32(2) emphasize academic rigor and high expectations;
91.1(3) help students identify interests, aptitudes, aspirations, and personal learning
91.2styles that may affect their career and college ready goals and postsecondary education
91.3and employment choices;
91.4(4) set appropriate career and college ready goals with timelines that identify
91.5effective means for achieving those goals;
91.6(5) help students access education and career options;
91.7(6) integrate strong academic content into career-focused courses and applied and
91.8experiential learning opportunities and integrate relevant career-focused courses
and
91.9applied and experiential learning opportunities into strong academic content;
91.10(7) help identify and access appropriate counseling and other supports and assistance
91.11that enable students to complete required coursework, prepare for postsecondary education
91.12and careers, and obtain information about postsecondary education costs and eligibility
91.13for financial aid and scholarship;
91.14(8) help identify collaborative partnerships among prekindergarten through grade
91.1512 schools, postsecondary institutions, economic development agencies, and local and
91.16regional employers that support students' transition to postsecondary education and
91.17employment and provide students with applied and experiential learning opportunities;
and
91.18(9) be reviewed and revised at least annually by the student, the student's parent
or
91.19guardian, and the school or district to ensure that the student's course-taking schedule
keeps
91.20the student making adequate progress to meet state and local academic standards and
high
91.21school graduation requirements and with a reasonable chance to succeed with employment
91.22or postsecondary education without the need to first complete remedial course work.
91.23(b) A school district may develop grade-level curricula or provide instruction that
91.24introduces students to various careers, but must not require any curriculum, instruction,
91.25or employment-related activity that obligates an elementary or secondary student to
91.26involuntarily select or pursue a career, career interest, employment goals, or related
job
91.27training.
91.28(c) Educators must possess the knowledge and skills to effectively teach all English
91.29learners in their classrooms. School districts must provide appropriate curriculum,
91.30targeted materials, professional development opportunities for educators, and sufficient
91.31resources to enable English learners to become career and college ready.
91.32(d) When assisting students in developing a plan for a smooth and successful
91.33transition to postsecondary education and employment, districts must recognize the
unique
91.34possibilities of each student and ensure that the contents of each student's plan
reflect the
91.35student's unique talents, skills, and abilities as the student grows, develops, and
learns.
92.1 Sec. 7. Minnesota Statutes 2014, section 120B.30, subdivision 1, is amended to read:
92.2 Subdivision 1.
Statewide testing. (a) The commissioner, with advice from experts
92.3with appropriate technical qualifications and experience and stakeholders, consistent
92.4with subdivision 1a, shall include in the comprehensive assessment system, for each
92.5grade level to be tested, state-constructed tests developed as computer-adaptive reading
92.6and mathematics assessments for students that are aligned with the state's required
92.7academic standards under section
120B.021, include multiple choice questions, and are
92.8administered annually to all students in grades 3 through
7 8.
Reading and mathematics
92.9assessments for all students in grade 8 must be aligned with the state's required
reading and
92.10mathematics standards, be administered annually, and include multiple choice questions.
92.11State-developed high school tests aligned with the state's required academic standards
92.12under section
120B.021 and administered to all high school students in a subject other than
92.13writing must include multiple choice questions. The commissioner shall establish one
or
92.14more months during which schools shall administer the tests to students each school
year.
92.15(1) Students enrolled in grade 8 through the 2009-2010 school year are eligible
92.16to be assessed under (i) the graduation-required assessment for diploma in reading,
92.17mathematics, or writing under Minnesota Statutes 2012, section
120B.30, subdivision 1,
92.18paragraphs (c), clauses (1) and (2), and (d), (ii) the WorkKeys job skills assessment,
(iii)
92.19the Compass college placement test, (iv) the ACT assessment for college admission,
or (v)
92.20a nationally recognized armed services vocational aptitude test
, or (vi) the high school
92.21assessments required under subdivision 1a.
92.22(2) Students enrolled in grade 8 in the 2010-2011 or 2011-2012 school year are
92.23eligible to be assessed under (i) the graduation-required assessment for diploma in
reading,
92.24mathematics, or writing under Minnesota Statutes 2012, section
120B.30, subdivision
92.251
, paragraph (c), clauses (1) and (2), (ii) the WorkKeys job skills assessment, (iii)
the
92.26Compass college placement test, (iv) the ACT assessment for college admission,
or (v)
92.27a nationally recognized armed services vocational aptitude test
, or (vi) the high school
92.28assessments required under subdivision 1a.
92.29(3) Students enrolled in grade 8 in the 2012-2013 or 2013-2014 school year are
92.30eligible to be assessed under the ACT assessment for college admission or the high
school
92.31assessments required under subdivision 1a.
92.32(3) (4) For students under clause (1)
or, (2)
, or (3), a school district may substitute
92.33a score from an alternative, equivalent assessment to satisfy the requirements of
this
92.34paragraph.
92.35(b) The state assessment system must be aligned to the most recent revision of
92.36academic standards as described in section
120B.023 in the following manner:
93.1(1) mathematics;
93.2(i) grades 3 through 8 beginning in the 2010-2011 school year; and
93.3(ii) high school level beginning in the 2013-2014 school year;
93.4(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
93.5school year; and
93.6(3) language arts and reading; grades 3 through 8 and high school level beginning
in
93.7the 2012-2013 school year.
93.8 (c) For students enrolled in grade 8 in the
2012-2013 2014-2015 school year
93.9and later, students' state graduation requirements, based on a longitudinal, systematic
93.10approach to student education and career planning, assessment, instructional support,
and
93.11evaluation, include the following:
93.12 (1) demonstrate understanding of required academic standards on
a nationally
93.13normed college entrance exam high school assessments required under subdivision 1a;
93.14 (2) achievement and career and college readiness
tests in mathematics, reading, and
93.15writing, consistent with paragraph
(e) (j) and to the extent available, to monitor students'
93.16continuous development of and growth in requisite knowledge and skills; analyze
93.17students' progress and performance levels, identifying students' academic strengths
and
93.18diagnosing areas where students require curriculum or instructional adjustments, targeted
93.19interventions, or remediation; and, based on analysis of students' progress and performance
93.20data, determine students' learning and instructional needs and the instructional tools
and
93.21best practices that support academic rigor for the student; and
93.22 (3) consistent with this paragraph and section
120B.125, age-appropriate exploration
93.23and planning activities and career assessments to encourage students to identify personally
93.24relevant career interests and aptitudes and help students and their families develop
a
93.25regularly reexamined transition plan for postsecondary education or employment without
93.26need for postsecondary remediation.
93.27Based on appropriate state guidelines, students with an individualized education program
93.28may satisfy state graduation requirements by achieving an individual score on the
93.29state-identified alternative assessments.
93.30 (d) Expectations of schools, districts, and the state for career or college readiness
93.31under this subdivision must be comparable in rigor, clarity of purpose, and rates
of student
93.32completion. A student under
paragraph (c), clause (2)
, must receive targeted, relevant,
93.33academically rigorous, and resourced instruction, which may include a targeted instruction
93.34and intervention plan focused on improving the student's knowledge and skills in core
93.35subjects so that the student has a reasonable chance to succeed in a career or college
93.36without need for postsecondary remediation. Consistent with sections
120B.13,
124D.09,
94.1124D.091
,
124D.49, and related sections, an enrolling school or district must actively
94.2encourage a student in grade 11 or 12 who is identified as academically ready for
a career
94.3or college to participate in courses and programs awarding college credit to high
school
94.4students. Students are not required to achieve a specified score or level of proficiency
on
94.5an assessment under this subdivision to graduate from high school.
94.6 (d) To improve the secondary and postsecondary outcomes of all students, the
94.7alignment between secondary and postsecondary education programs and Minnesota's
94.8workforce needs, and the efficiency and cost-effectiveness of secondary and postsecondary
94.9programs, the commissioner, after consulting with the chancellor of the Minnesota
State
94.10Colleges and Universities and using a request for proposal process, shall contract
for a
94.11series of assessments that are consistent with this subdivision, aligned with state
academic
94.12standards, and include career and college readiness benchmarks. Mathematics, reading,
94.13and writing assessments for students in grades 8 and 10 must be predictive of a nationally
94.14normed assessment for career and college readiness. This
94.15 (e) Though not a high school graduation requirement, students are encouraged to
94.16participate in a nationally recognized college entrance exam. With funding provided
by
94.17the state, a district must pay the cost, one time, for an interested student in grade
11 or 12
94.18who is eligible for a meal benefit to take a nationally recognized
assessment must be a
94.19college entrance exam
and given to students in grade 11 before graduating.
This series
94.20of assessments must include a college placement diagnostic exam and contain career
94.21exploration elements.
94.22 (f) The commissioner and the chancellor of the Minnesota State Colleges and
94.23Universities must collaborate in aligning instruction and assessments for adult basic
94.24education students and English learners to provide the students with diagnostic information
94.25about any targeted interventions, accommodations, modifications, and supports they
94.26need so that assessments and other performance measures are accessible to them and
94.27they may seek postsecondary education or employment without need for postsecondary
94.28remediation. When administering formative or summative assessments used to measure
94.29the academic progress, including the oral academic development, of English learners
94.30and inform their instruction, schools must ensure that the assessments are accessible
to
94.31the students and students have the modifications and supports they need to sufficiently
94.32understand the assessments.
94.33 (1) (g) Districts and schools, on an annual basis, must use
the career exploration
94.34elements
in these assessments to help students, beginning no later than grade 9, and their
94.35families explore and plan for postsecondary education or careers based on the students'
94.36interests, aptitudes, and aspirations. Districts and schools must use timely regional
labor
95.1market information and partnerships, among other resources, to help students and their
95.2families successfully develop, pursue, review, and revise an individualized plan for
95.3postsecondary education or a career. This process must help increase students' engagement
95.4in and connection to school, improve students' knowledge and skills, and deepen students'
95.5understanding of career pathways as a sequence of academic and career courses that
lead
95.6to an industry-recognized credential, an associate's degree, or a bachelor's degree
and are
95.7available to all students, whatever their interests and career goals.
95.8(2) Students in grade 10 or 11 not yet academically ready for a career or college
based
95.9on their growth in academic achievement between grades 8 and 10 must take the college
95.10placement diagnostic exam before taking the college entrance exam under clause (3).
95.11Students, their families, the school, and the district can then use the results of
the college
95.12placement diagnostic exam for targeted instruction, intervention, or remediation and
95.13improve students' knowledge and skills in core subjects sufficient for a student to
graduate
95.14and have a reasonable chance to succeed in a career or college without remediation.
95.15(3) All students except those eligible for alternative assessments must be given the
95.16college entrance part of these assessments in grade 11. (h) A student
under this clause
95.17who demonstrates attainment of required state academic standards, which include career
95.18and college readiness benchmarks, on
these high school assessments
under subdivision 1a
95.19is academically ready for a career or college and is encouraged to participate in
courses
95.20awarding college credit to high school students. Such courses and programs may include
95.21sequential courses of study within broad career areas and technical skill assessments
95.22that extend beyond course grades.
95.23(4) (i) As appropriate, students through grade 12 must continue to participate in
95.24targeted instruction, intervention, or remediation and be encouraged to participate
in
95.25courses awarding college credit to high school students.
95.26 (5) A study to determine the alignment between these assessments and state
95.27academic standards under this chapter must be conducted. Where alignment exists, the
95.28commissioner must seek federal approval to, and immediately upon receiving approval,
95.29replace the federally required assessments referenced under subdivision 1a and section
95.30120B.35, subdivision 2, with assessments under this paragraph.
95.31 (e) (j) In developing, supporting, and improving students' academic readiness for a
95.32career or college, schools, districts, and the state must have a continuum of empirically
95.33derived, clearly defined benchmarks focused on students' attainment of knowledge
95.34and skills so that students, their parents, and teachers know how well students must
95.35perform to have a reasonable chance to succeed in a career or college without need
for
95.36postsecondary remediation. The commissioner, in consultation with local school officials
96.1and educators, and Minnesota's public postsecondary institutions must ensure that
the
96.2foundational knowledge and skills for students' successful performance in postsecondary
96.3employment or education and an articulated series of possible targeted interventions
are
96.4clearly identified and satisfy Minnesota's postsecondary admissions requirements.
The
96.5commissioner of education, in consultation with the chancellor of the Minnesota State
96.6Colleges and Universities, shall identify the minimum score guidelines on the high
96.7school reading, writing, and mathematics Minnesota Comprehensive Assessments that
96.8demonstrate readiness for:
96.9(1) a certificate level program;
96.10(2) a two-year college program; and
96.11(3) a four-year college program.
96.12 (f) (k) For students in grade 8 in the 2012-2013 school year and later, a school,
96.13district, or charter school must record on the high school transcript a student's
progress
96.14toward career and college readiness, and for other students as soon as practicable.
96.15 (g) (l) The school board granting students their diplomas may formally decide to
96.16include a notation of high achievement on the high school diplomas of those graduating
96.17seniors who, according to established school board criteria, demonstrate exemplary
96.18academic achievement during high school.
96.19(h) (m) The 3rd through
7th 8th grade computer-adaptive assessment results
and grade
96.208 and high school test results shall be available to districts for diagnostic purposes
affecting
96.21student learning and district instruction and curriculum, and for establishing educational
96.22accountability. The commissioner must establish empirically derived benchmarks on
96.23adaptive assessments in grades 3 through
7 8 that reveal a trajectory toward career and
96.24college readiness. The commissioner must disseminate to the public the computer-adaptive
96.25assessments
, grade 8, and high school test results upon receiving those results.
96.26 (i) (n) The grades 3 through
7 8 computer-adaptive assessments
and grade 8 and
96.27high school tests must be aligned with state academic standards. The commissioner
shall
96.28determine the testing process and the order of administration. The statewide results
shall
96.29be aggregated at the site and district level, consistent with subdivision 1a.
96.30 (j) (o) The commissioner shall include the following components in the statewide
96.31public reporting system:
96.32 (1) uniform statewide computer-adaptive assessments of all students in grades 3
96.33through
7 8 and testing at the
grade 8 and high school levels that provides appropriate,
96.34technically sound accommodations or alternate assessments;
97.1 (2) educational indicators that can be aggregated and compared across school
97.2districts and across time on a statewide basis, including average daily attendance,
high
97.3school graduation rates, and high school drop-out rates by age and grade level;
97.4 (3) state results on the American College Test; and
97.5 (4) state results from participation in the National Assessment of Educational
97.6Progress so that the state can benchmark its performance against the nation and other
97.7states, and, where possible, against other countries, and contribute to the national
effort
97.8to monitor achievement.
97.9 (k) (p) For purposes of statewide accountability, "career and college ready" means a
97.10high school graduate has the knowledge, skills, and competencies to successfully pursue
a
97.11career pathway, including postsecondary credit leading to a degree, diploma, certificate,
or
97.12industry-recognized credential and employment. Students who are career and college
ready
97.13are able to successfully complete credit-bearing coursework at a two- or four-year
college
97.14or university or other credit-bearing postsecondary program without need for remediation.
97.15 (l) (q) For purposes of statewide accountability, "cultural competence," "cultural
97.16competency," or "culturally competent" means the ability and will to interact effectively
97.17with people of different cultures, native languages, and socioeconomic backgrounds.
97.18EFFECTIVE DATE.This section is effective for the 2015-2016 school year and
97.19later.
97.20 Sec. 8. Minnesota Statutes 2014, section 120B.30, subdivision 1a, is amended to read:
97.21 Subd. 1a.
Statewide and local assessments; results. (a) For purposes of this
97.22section, the following definitions have the meanings given them.
97.23(1) "Computer-adaptive assessments" means fully adaptive assessments.
97.24(2) "Fully adaptive assessments" include test items that are on-grade level and items
97.25that may be above or below a student's grade level.
97.26(3) "On-grade level" test items contain subject area content that is aligned to state
97.27academic standards for the grade level of the student taking the assessment.
97.28(4) "Above-grade level" test items contain subject area content that is above the
97.29grade level of the student taking the assessment and is considered aligned with state
97.30academic standards to the extent it is aligned with content represented in state academic
97.31standards above the grade level of the student taking the assessment. Notwithstanding
97.32the student's grade level, administering above-grade level test items to a student
does not
97.33violate the requirement that state assessments must be aligned with state standards.
97.34(5) "Below-grade level" test items contain subject area content that is below the
97.35grade level of the student taking the test and is considered aligned with state academic
98.1standards to the extent it is aligned with content represented in state academic standards
98.2below the student's current grade level. Notwithstanding the student's grade level,
98.3administering below-grade level test items to a student does not violate the requirement
98.4that state assessments must be aligned with state standards.
98.5(b) The commissioner must use fully adaptive mathematics and reading assessments
98.6for grades 3 through
7 beginning in the 2015-2016 school year and later 8.
98.7(c) For purposes of conforming with existing federal educational accountability
98.8requirements, the commissioner must develop and implement computer-adaptive reading
98.9and mathematics assessments for grades 3 through
7 8, state-developed
grade 8 and high
98.10school reading
, writing, and mathematics tests aligned with state academic standards, and
98.11science assessments under clause (2) that districts and sites must use to monitor
student
98.12growth toward achieving those standards. The commissioner must not develop statewide
98.13assessments for academic standards in social studies, health and physical education,
and
98.14the arts. The commissioner must require:
98.15 (1) annual computer-adaptive reading and mathematics assessments in grades 3
98.16through
7 8, and
grade 8 and high school reading
, writing, and mathematics tests; and
98.17 (2) annual science assessments in one grade in the grades 3 through 5 span, the
98.18grades 6 through 8 span, and a life sciences assessment in the grades 9 through 12
span,
98.19and the commissioner must not require students to achieve a passing score on high
school
98.20science assessments as a condition of receiving a high school diploma.
98.21(d) The commissioner must ensure that for annual computer-adaptive assessments:
98.22(1) individual student performance data and achievement reports are available
98.23within three school days of when students take an assessment except in a year when
an
98.24assessment reflects new performance standards;
98.25(2) growth information is available for each student from the student's first
98.26assessment to each proximate assessment using a constant measurement scale;
98.27(3) parents, teachers, and school administrators are able to use elementary and
98.28middle school student performance data to project students' secondary and postsecondary
98.29achievement; and
98.30(4) useful diagnostic information about areas of students' academic strengths and
98.31weaknesses is available to teachers and school administrators for improving student
98.32instruction and indicating the specific skills and concepts that should be introduced
and
98.33developed for students at given performance levels, organized by strands within subject
98.34areas, and aligned to state academic standards.
99.1 (e) The commissioner must ensure that all state tests administered to elementary and
99.2secondary students measure students' academic knowledge and skills and not students'
99.3values, attitudes, and beliefs.
99.4 (f) Reporting of state assessment results must:
99.5 (1) provide timely, useful, and understandable information on the performance of
99.6individual students, schools, school districts, and the state;
99.7 (2) include a growth indicator of student achievement; and
99.8 (3) determine whether students have met the state's academic standards.
99.9 (g) Consistent with applicable federal law, the commissioner must include
99.10appropriate, technically sound accommodations or alternative assessments for the very
99.11few students with disabilities for whom statewide assessments are inappropriate and
99.12for English learners.
99.13 (h) A school, school district, and charter school must administer statewide
99.14assessments under this section, as the assessments become available, to evaluate student
99.15progress toward career and college readiness in the context of the state's academic
99.16standards. A school, school district, or charter school may use a student's performance
99.17on a statewide assessment as one of multiple criteria to determine grade promotion
or
99.18retention. A school, school district, or charter school may use a high school student's
99.19performance on a statewide assessment as a percentage of the student's final grade
in a
99.20course, or place a student's assessment score on the student's transcript.
99.21EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
99.22later.
99.23 Sec. 9.
APPROPRIATIONS.
99.24 Subdivision 1. Department. The sums indicated in this section are appropriated
99.25from the general fund to the Department of Education for the fiscal years designated.
99.26 Subd. 2. Statewide testing and reporting system. For the statewide testing and
99.27reporting system under Minnesota Statutes, section 120B.30:
99.28
|
|
$
|
11,176,000
|
.....
|
2016
|
99.29
|
|
$
|
10,864,000
|
.....
|
2017
|
99.30Any balance in the first year does not cancel but is available in the second year.
99.31 Subd. 3. ACT test reimbursement. To reimburse districts for students who qualify
99.32under Minnesota Statutes, section 120B.30, subdivision 1, paragraph (e), for onetime
99.33payment of their ACT examination fee:
100.1
|
|
$
|
1,750,000
|
.....
|
2016
|
100.2
|
|
$
|
1,750,000
|
.....
|
2017
|
100.3The Department of Education must reimburse districts for their onetime payments
100.4on behalf of students eligible for a meal benefit who take the college entrance exam
in
100.5grade 11 or 12.
100.6Any balance in the first year does not cancel but is available in the second year.
100.7 Sec. 10.
REPEALER.
100.8Minnesota Statutes 2014, section 120B.128, is repealed.
100.11 Section 1. Minnesota Statutes 2014, section 123B.88, is amended by adding a
100.12subdivision to read:
100.13 Subd. 10a. Nonresident charter school pupil transportation. If a school district is
100.14providing transportation for a charter school under section 124D.10, subdivision 16,
the
100.15school district must allow a nonresident pupil attending the charter school to be
transported
100.16on a district-operated or contracted route from any scheduled stop to any other scheduled
100.17stop on that route. The district providing the pupil transportation services may charge
a
100.18fee to the nonresident pupil. The fee for each nonresident pupil must not exceed the
lesser
100.19of 15 cents per mile or the district's actual cost of transportation per mile traveled.
100.20EFFECTIVE DATE.This section is effective July 1, 2015.
100.21 Sec. 2. Minnesota Statutes 2014, section 124D.10, subdivision 1, is amended to read:
100.22 Subdivision 1.
Purposes. (a) The primary purpose of this section is to improve all
100.23pupil learning and all student achievement. Additional purposes include to:
100.24 (1) increase learning opportunities for all pupils;
100.25 (2) encourage the use of different and innovative teaching methods;
100.26 (3) measure learning outcomes and create different and innovative forms of
100.27measuring outcomes;
100.28 (4) establish new forms of accountability for schools; or
100.29 (5) create new professional opportunities for teachers, including the opportunity
to
100.30be responsible for the learning program at the school site.
100.31 (b) This section does not provide a means to keep open a school that a school board
100.32decides to close. However, a school board may endorse or authorize the establishing
of
100.33a charter school to replace the school the board decided to close. Applicants seeking
a
101.1charter under this circumstance must demonstrate to the authorizer that the charter
sought
101.2is substantially different in purpose and program from the school the board closed
and
101.3that the proposed charter satisfies the requirements of this subdivision. If the school
101.4board that closed the school authorizes the charter, it must document in its affidavit
to the
101.5commissioner that the charter is substantially different in program and purpose from
101.6the school it closed.
101.7 (c) An authorizer shall not approve an application submitted by a charter school
101.8developer under subdivision 4, paragraph (a), if the application does not comply with
this
101.9subdivision. The commissioner shall not approve an affidavit submitted by an authorizer
101.10under subdivision 4, paragraph (b), if the affidavit does not comply with this subdivision.
101.11 Sec. 3. Minnesota Statutes 2014, section 124D.10, subdivision 3, is amended to read:
101.12 Subd. 3.
Authorizer. (a) For purposes of this section, the terms defined in this
101.13subdivision have the meanings given them.
101.14 "Application" to receive approval as an authorizer means the proposal an eligible
101.15authorizer submits to the commissioner under paragraph
(c) (d) before that authorizer is
101.16able to submit any affidavit to charter to a school.
101.17 "Application" under subdivision 4 means the charter school business plan a
101.18school developer submits to an authorizer for approval to establish a charter school
that
101.19documents the school developer's mission statement, school purposes, program design,
101.20financial plan, governance and management structure, and background and experience,
101.21plus any other information the authorizer requests. The application also shall include
a
101.22"statement of assurances" of legal compliance prescribed by the commissioner.
101.23 "Affidavit" means a written statement the authorizer submits to the commissioner
101.24for approval to establish a charter school under subdivision 4 attesting to its review
and
101.25approval process before chartering a school.
101.26 (b) The following organizations may authorize one or more charter schools:
101.27 (1) a school board, intermediate school district school board, or education district
101.28organized under sections
123A.15 to
123A.19;
101.29 (2) a charitable organization under section 501(c)(3) of the Internal Revenue Code
101.30of 1986, excluding a nonpublic sectarian or religious institution; any person other
than a
101.31natural person that directly or indirectly, through one or more intermediaries, controls,
101.32is controlled by, or is under common control with the nonpublic sectarian or religious
101.33institution; and any other charitable organization under this clause that in the federal
IRS
101.34Form 1023, Part IV, describes activities indicating a religious purpose, that:
102.1 (i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on
102.2Foundations;
102.3 (ii) is registered with the attorney general's office; and
102.4 (iii) is incorporated in the state of Minnesota and has been operating continuously
102.5for at least five years but does not operate a charter school;
102.6 (3) a Minnesota private college, notwithstanding clause (2), that grants two- or
102.7four-year degrees and is registered with the Minnesota Office of Higher Education
under
102.8chapter 136A; community college, state university, or technical college governed by
the
102.9Board of Trustees of the Minnesota State Colleges and Universities; or the University
102.10of Minnesota;
102.11 (4) a nonprofit corporation subject to chapter 317A, described in section
317A.905,
102.12and exempt from federal income tax under section 501(c)(6) of the Internal Revenue
Code
102.13of 1986, may authorize one or more charter schools if the charter school has operated
102.14for at least three years under a different authorizer and if the nonprofit corporation
has
102.15existed for at least 25 years; or
102.16 (5) single-purpose authorizers formed as charitable, nonsectarian organizations
102.17under section 501(c)(3) of the Internal Revenue Code of 1986 and incorporated in the
state
102.18of Minnesota under chapter 317A as a corporation with no members or under section
102.19322B.975
as a nonprofit limited liability company for the sole purpose of chartering schools.
102.20 (c) Eligible organizations interested in being approved as an authorizer under this
102.21paragraph must submit a proposal to the commissioner that includes the provisions
102.22of paragraph
(c) (d) and a five-year financial plan. Such authorizers shall consider and
102.23approve charter school applications using the criteria provided in subdivision 4 and
shall
102.24not limit the applications it solicits, considers, or approves to any single curriculum,
102.25learning program, or method.
102.26 (c) (d) An eligible authorizer under this subdivision must apply to the commissioner
102.27for approval as an authorizer before submitting any affidavit to the commissioner
to charter
102.28a school. The application for approval as a charter school authorizer must demonstrate
102.29the applicant's ability to implement the procedures and satisfy the criteria for chartering
a
102.30school under this section. The commissioner must approve or disapprove an application
102.31within 45 business days of the application deadline. If the commissioner disapproves
102.32the application, the commissioner must notify the applicant of the specific deficiencies
102.33in writing and the applicant then has 20 business days to address the deficiencies
to the
102.34commissioner's satisfaction. After the 20 business days expire, the commissioner has
15
102.35business days to make a final decision to approve or disapprove the application. Failing
to
102.36address the deficiencies to the commissioner's satisfaction makes an applicant ineligible
to
103.1be an authorizer. The commissioner, in establishing criteria for approval, must consider
103.2the applicant's:
103.3 (1) capacity and infrastructure;
103.4 (2) application criteria and process;
103.5 (3) contracting process;
103.6 (4) ongoing oversight and evaluation processes; and
103.7 (5) renewal criteria and processes.
103.8 (d) (e) An applicant must include in its application to the commissioner to be an
103.9approved authorizer at least the following:
103.10 (1) how chartering schools is a way for the organization to carry out its mission;
103.11 (2) a description of the capacity of the organization to serve as an authorizer,
103.12including the personnel who will perform the authorizing duties, their qualifications,
the
103.13amount of time they will be assigned to this responsibility, and the financial resources
103.14allocated by the organization to this responsibility;
103.15 (3) a description of the application and review process the authorizer will use to
103.16make decisions regarding the granting of charters;
103.17 (4) a description of the type of contract it will arrange with the schools it charters
103.18that meets the provisions of subdivision 6;
103.19 (5) the process to be used for providing ongoing oversight of the school consistent
103.20with the contract expectations specified in clause (4) that assures that the schools
chartered
103.21are complying with both the provisions of applicable law and rules, and with the contract;
103.22 (6) a description of the criteria and process the authorizer will use to grant expanded
103.23applications under subdivision 4, paragraph
(j) (s);
103.24 (7) the process for making decisions regarding the renewal or termination of
103.25the school's charter based on evidence that demonstrates the academic, organizational,
103.26and financial competency of the school, including its success in increasing student
103.27achievement and meeting the goals of the charter school agreement; and
103.28 (8) an assurance specifying that the organization is committed to serving as an
103.29authorizer for the full five-year term.
103.30 (e) (f) A disapproved applicant under this section may resubmit an application
103.31during a future application period.
103.32 (f) (g) If the governing board of an approved authorizer votes to withdraw as
103.33an approved authorizer for a reason unrelated to any cause under subdivision 23, the
103.34authorizer must notify all its chartered schools and the commissioner in writing by
July 15
103.35of its intent to withdraw as an authorizer on June 30 in the next calendar year
, regardless
103.36of when the authorizer's five-year term of approval ends. The commissioner may approve
104.1the transfer of a charter school to a new authorizer under this paragraph after the
new
104.2authorizer submits an affidavit to the commissioner.
104.3 (g) (h) The authorizer must participate in department-approved training.
104.4 (h) (i) The commissioner shall review an authorizer's performance every five years
104.5in a manner and form determined by the commissioner and may review an authorizer's
104.6performance more frequently at the commissioner's own initiative or at the request
of a
104.7charter school operator, charter school board member, or other interested party. The
104.8commissioner, after completing the review, shall transmit a report with findings to
the
104.9authorizer.
104.10 (j) If, consistent with this section, the commissioner finds that an authorizer has not
104.11fulfilled the requirements of this section, the commissioner may subject the authorizer
104.12to corrective action, which may include terminating the contract with the charter
school
104.13board of directors of a school it chartered. The commissioner must notify the authorizer
104.14in writing of any findings that may subject the authorizer to corrective action and
104.15the authorizer then has 15 business days to request an informal hearing before the
104.16commissioner takes corrective action. If the commissioner terminates a contract between
104.17an authorizer and a charter school under this paragraph, the commissioner may assist
the
104.18charter school in acquiring a new authorizer.
104.19 (i) (k) The commissioner may at any time take corrective action against an
104.20authorizer, including terminating an authorizer's ability to charter a school for:
104.21 (1) failing to demonstrate the criteria under paragraph
(c) (d) under which the
104.22commissioner approved the authorizer;
104.23 (2) violating a term of the chartering contract between the authorizer and the charter
104.24school board of directors;
104.25 (3) unsatisfactory performance as an approved authorizer; or
104.26 (4) any good cause shown that provides the commissioner a legally sufficient reason
104.27to take corrective action against an authorizer.
104.28 Sec. 4. Minnesota Statutes 2014, section 124D.10, subdivision 4, is amended to read:
104.29 Subd. 4.
Formation of school. (a) An authorizer, after receiving an application from
104.30a school developer, may charter a licensed teacher under section
122A.18, subdivision
104.311
, or a group of individuals that includes one or more licensed teachers under section
104.32122A.18, subdivision 1
, to operate a school subject to the commissioner's approval of the
104.33authorizer's affidavit under paragraph
(b) (d).
105.1 (b) The school must be organized and operated as a nonprofit corporation under
105.2chapter 317A and the provisions under the applicable chapter shall apply to the school
105.3except as provided in this section.
105.4 (c) Notwithstanding sections
465.717 and
465.719, a school district, subject to this
105.5section and section
124D.11, may create a corporation for the purpose of establishing a
105.6charter school.
105.7 (b) (d) Before the operators may establish and operate a school, the authorizer must
105.8file an affidavit with the commissioner stating its intent to charter a school. An
authorizer
105.9must file a separate affidavit for each school it intends to charter. An authorizer
must file
105.10an affidavit
by May 1 to be able to charter a new school in the next school year after the
105.11commissioner approves the authorizer's affidavit at least 14 months before July 1 of the
105.12year the new charter school plans to serve students. The affidavit must state the terms and
105.13conditions under which the authorizer would charter a school and how the authorizer
105.14intends to oversee the fiscal and student performance of the charter school and to
comply
105.15with the terms of the written contract between the authorizer and the charter school
105.16board of directors under subdivision 6. The commissioner must approve or disapprove
105.17the authorizer's affidavit within 60 business days of receipt of the affidavit. If
the
105.18commissioner disapproves the affidavit, the commissioner shall notify the authorizer
of
105.19the deficiencies in the affidavit and the authorizer then has 20 business days to
address the
105.20deficiencies. The commissioner must notify the authorizer of final approval or disapproval
105.21within 15 business days after receiving the authorizer's response to the deficiencies
in the
105.22affidavit. If the authorizer does not address deficiencies to the commissioner's satisfaction,
105.23the commissioner's disapproval is final. Failure to obtain commissioner approval precludes
105.24an authorizer from chartering the school that is the subject of this affidavit.
105.25 (c) (e) The authorizer may prevent an approved charter school from opening for
105.26operation if, among other grounds, the charter school violates this section or does
not meet
105.27the ready-to-open standards that are part of the authorizer's oversight and evaluation
105.28process or are stipulated in the charter school contract.
105.29 (d) (f) The operators authorized to organize and operate a school, before entering
105.30into a contract or other agreement for professional or other services, goods, or facilities,
105.31must incorporate as a nonprofit corporation under chapter 317A
and.
105.32 (g) The operators authorized to organize and operate a school, before entering into
a
105.33contract or other agreement for professional or other services, goods, or facilities, must
105.34establish a board of directors composed of at least five members who are not related
parties
105.35until a timely election for members of the ongoing charter school board of directors
is
106.1held according to the school's articles and bylaws under paragraph
(f) (l).
A charter school
106.2board of directors must be composed of at least five members who are not related parties.
106.3 (h) Staff members employed at the school, including teachers providing instruction
106.4under a contract with a cooperative, members of the board of directors, and all parents
106.5or legal guardians of children enrolled in the school are the voters eligible to elect
the
106.6members of the school's board of directors. A charter school must notify eligible
voters of
106.7the school board election dates at least 30 days before the election.
106.8 (i) Board of director meetings must comply with chapter 13D.
106.9 (e) (j) A charter school shall publish and maintain on the school's official Web site:
106.10(1) the minutes of meetings of the board of directors, and of members and committees
106.11having any board-delegated authority, for at least one calendar year from the date
106.12of publication; (2) directory information for members of the board of directors and
106.13committees having board-delegated authority; and (3) identifying and contact information
106.14for the school's authorizer. Identifying and contact information for the school's
authorizer
106.15must be included in other school materials made available to the public.
106.16 (k) Upon request of an individual, the charter school must also make available in
106.17a timely fashion financial statements showing all operations and transactions affecting
106.18income, surplus, and deficit during the school's last annual accounting period; and
a
106.19balance sheet summarizing assets and liabilities on the closing date of the accounting
106.20period. A charter school also must include that same information about its authorizer
in
106.21other school materials that it makes available to the public.
106.22 (f) (l) Every charter school board member shall attend annual training throughout
106.23the member's term on the board. All new board members shall attend initial training
on
106.24the board's role and responsibilities, employment policies and practices, and financial
106.25management. A new board member who does not begin the required initial training within
106.26six months after being seated and complete that training within 12 months of being
seated
106.27on the board is automatically ineligible to continue to serve as a board member. The
106.28school shall include in its annual report the training attended by each board member
106.29during the previous year.
106.30 (g) (m) The ongoing board must be elected before the school completes its third
106.31year of operation. Board elections must be held during the school year but may not
be
106.32conducted on days when the school is closed for holidays, breaks, or vacations.
106.33 (n) The charter school board of directors shall be composed of at least five nonrelated
106.34members and include: (i) at least one licensed teacher employed as a teacher at the
school
106.35or providing instruction under contract between the charter school and a cooperative;
(ii)
106.36at least one parent or legal guardian of a student enrolled in the charter school
who is not
107.1an employee of the charter school; and (iii) at least one interested community member
107.2who resides in Minnesota and is not employed by the charter school and does not have
a
107.3child enrolled in the school. The board may include a majority of teachers described
in
107.4this paragraph or parents or community members, or it may have no clear majority.
The
107.5chief financial officer and the chief administrator may only serve as ex-officio nonvoting
107.6board members. No charter school employees shall serve on the board other than teachers
107.7under item (i). Contractors providing facilities, goods, or services to a charter
school shall
107.8not serve on the board of directors of the charter school.
107.9 (o) Board bylaws shall outline the process and procedures for changing the board's
107.10governance structure, consistent with chapter 317A. A board may change its governance
107.11structure only:
107.12 (1) by a majority vote of the board of directors and a majority vote of the licensed
107.13teachers employed by the school as teachers, including licensed teachers providing
107.14instruction under a contract between the school and a cooperative; and
107.15 (2) with the authorizer's approval.
107.16 Any change in board governance structure must conform with the composition of
107.17the board established under this paragraph.
107.18 (h) (p) The granting or renewal of a charter by an authorizer must not be conditioned
107.19upon the bargaining unit status of the employees of the school.
107.20 (i) (q) The granting or renewal of a charter school by an authorizer must not be
107.21contingent on the charter school being required to contract, lease, or purchase services
107.22from the authorizer.
107.23 (r) Any potential contract, lease, or purchase of service from an authorizer must
107.24be disclosed to the commissioner, accepted through an open bidding process, and be
a
107.25separate contract from the charter contract. The school must document the open bidding
107.26process. An authorizer must not enter into a contract to provide management and financial
107.27services for a school that it authorizes, unless the school documents that it received
at
107.28least two competitive bids.
107.29(j) (s) A charter school may apply to the authorizer to amend the school charter to
107.30expand the operation of the school to additional grades or sites that would be students'
107.31primary enrollment site beyond those defined in the original affidavit approved by
the
107.32commissioner. After approving the school's application, the authorizer shall submit
a
107.33supplementary affidavit in the form and manner prescribed by the commissioner. The
107.34authorizer must file a supplement affidavit by October 1 to be eligible to expand
in the next
107.35school year. The supplementary affidavit must document that the school has demonstrated
107.36to the satisfaction of the authorizer the following:
108.1(1) the need for the expansion with supporting long-range enrollment projections;
108.2(2) a longitudinal record of demonstrated student academic performance and growth
108.3on statewide assessments under chapter 120B or on other academic assessments that
108.4measure longitudinal student performance and growth approved by the charter school's
108.5board of directors and agreed upon with the authorizer;
108.6(3) a history of sound school finances and a finance plan to implement the expansion
108.7in a manner to promote the school's financial sustainability; and
108.8(4) board capacity and an administrative and management plan to implement its
108.9expansion.
108.10 (k) (t) The commissioner shall have 30 business days to review and comment on the
108.11supplemental affidavit. The commissioner shall notify the authorizer in writing of
any
108.12deficiencies in the supplemental affidavit and the authorizer then has 20 business
days to
108.13address, to the commissioner's satisfaction, any deficiencies in the supplemental
affidavit.
108.14The commissioner must notify the authorizer of final approval or disapproval within
15
108.15business days after receiving the authorizer's response to the deficiencies in the
affidavit.
108.16The school may not expand grades or add sites until the commissioner has approved
the
108.17supplemental affidavit. The commissioner's approval or disapproval of a supplemental
108.18affidavit is final.
108.19 Sec. 5. Minnesota Statutes 2014, section 124D.10, subdivision 8, is amended to read:
108.20 Subd. 8.
Federal, state, and local requirements. (a) A charter school shall meet all
108.21federal, state, and local health and safety requirements applicable to school districts.
108.22 (b) A school must comply with statewide accountability requirements governing
108.23standards and assessments in chapter 120B.
108.24 (c) A school authorized by a school board may be located in any district, unless the
108.25school board of the district of the proposed location disapproves by written resolution.
108.26 (d) A charter school must be nonsectarian in its programs, admission policies,
108.27employment practices, and all other operations. An authorizer may not authorize a
charter
108.28school or program that is affiliated with a nonpublic sectarian school or a religious
108.29institution.
108.30 (e) A charter school student must be released for religious instruction, consistent
108.31with section
120A.22, subdivision 12, clause (3).
108.32 (e) (f) Charter schools must not be used as a method of providing education or
108.33generating revenue for students who are being home-schooled. This paragraph does not
108.34apply to shared time aid under section
126C.19.
109.1 (f) (g) The primary focus of a charter school must be to provide a comprehensive
109.2program of instruction for at least one grade or age group from five through 18 years
of
109.3age. Instruction may be provided to people older than 18 years of age. A charter school
109.4may offer a free
or fee-based preschool or prekindergarten that meets high-quality early
109.5learning instructional program standards that are aligned with Minnesota's early learning
109.6standards for children.
The hours a student is enrolled in a fee-based prekindergarten
109.7program do not generate pupil units under section 126C.05 and must not be used to
109.8calculate general education revenue under section 126C.10. A charter school with at
least
109.990 percent of enrolled students who are eligible for special education services and
have
109.10a primary disability of deaf or hard-of-hearing may enroll prekindergarten pupils
with a
109.11disability under section 126C.05, subdivision 1, paragraph (a), and must comply with
the
109.12federal Individuals with Disabilities Education Act under Code of Federal Regulations,
109.13title 34, section 300.324, subsection (2), clause (iv).
109.14 (g) (h) Except as provided in paragraph (g), a charter school may not charge tuition.
109.15 (h) (i) A charter school is subject to and must comply with chapter 363A and section
109.16121A.04
.
109.17 (i) (j) Once a student is enrolled in the school, the student is considered enrolled
109.18in the school until the student formally withdraws or is expelled under the Pupil
Fair
109.19Dismissal Act in sections
121A.40 to
121A.56. A charter school is subject to and must
109.20comply with the Pupil Fair Dismissal Act, sections
121A.40 to
121A.56, and.
109.21 (k) A charter school is subject to and must comply with the Minnesota Public School
109.22Fee Law, sections
123B.34 to
123B.39.
109.23 (j) (l) A charter school is subject to the same financial audits, audit procedures, and
109.24audit requirements as a district, except as required under subdivision 6a. Audits
must be
109.25conducted in compliance with generally accepted governmental auditing standards, the
109.26federal Single Audit Act, if applicable, and section
6.65. A charter school is subject
109.27to and must comply with sections
15.054;
118A.01;
118A.02;
118A.03;
118A.04;
109.28118A.05
;
118A.06;
471.38;
471.391;
471.392; and
471.425. The audit must comply with
109.29the requirements of sections
123B.75 to
123B.83, except to the extent deviations are
109.30necessary because of the program at the school. Deviations must be approved by the
109.31commissioner and authorizer. The Department of Education, state auditor, legislative
109.32auditor, or authorizer may conduct financial, program, or compliance audits. A charter
109.33school determined to be in statutory operating debt under sections
123B.81 to
123B.83
109.34must submit a plan under section
123B.81, subdivision 4.
109.35 (k) (m) A charter school is a district for the purposes of tort liability under chapter 466.
110.1 (l) (n) A charter school must comply with chapters 13 and 13D; and sections
110.2120A.22, subdivision 7
;
121A.75; and
260B.171, subdivisions 3 and 5.
110.3 (m) (o) A charter school is subject to the Pledge of Allegiance requirement under
110.4section
121A.11, subdivision 3.
110.5 (n) (p) A charter school offering online courses or programs must comply with
110.6section
124D.095.
110.7 (o) (q) A charter school and charter school board of directors are subject to chapter
110.8181.
110.9 (p) (r) A charter school must comply with section
120A.22, subdivision 7, governing
110.10the transfer of students' educational records and sections
138.163 and
138.17 governing
110.11the management of local records.
110.12 (q) (s) A charter school that provides early childhood health and developmental
110.13screening must comply with sections
121A.16 to
121A.19.
110.14 (r) (t) A charter school that provides school-sponsored youth athletic activities
110.15must comply with section 121A.38.
110.16 (s) (u) A charter school is subject to and must comply with continuing truant
110.17notification under section
260A.03.
110.18(t) (v) A charter school must develop and implement a teacher evaluation and
110.19peer review process under section
122A.40, subdivision 8, paragraph (b), clauses (2) to
110.20(13). The teacher evaluation process in this paragraph does not create any additional
110.21employment rights for teachers.
110.22(u) (w) A charter school must adopt a policy, plan, budget, and process, consistent
110.23with section
120B.11, to review curriculum, instruction, and student achievement and
110.24strive for the world's best workforce.
110.25(v) (x) A charter school must comply with section
121A.031 governing policies on
110.26prohibited conduct.
110.27(w) (y) A charter school must comply with all pupil transportation requirements in
110.28section
123B.88, subdivision 1. A charter school must not require parents to surrender
110.29their rights to pupil transportation under section
123B.88, subdivision 2.
110.30 Sec. 6. Minnesota Statutes 2014, section 124D.10, subdivision 9, is amended to read:
110.31 Subd. 9.
Admission requirements. (a) A charter school may limit admission to:
110.32 (1) pupils within an age group or grade level;
110.33 (2) pupils who are eligible to participate in the graduation incentives program under
110.34section
124D.68; or
111.1 (3) residents of a specific geographic area in which the school is located when the
111.2majority of students served by the school are members of underserved populations.
111.3 (b) A charter school shall enroll an eligible pupil who submits a timely application,
111.4unless the number of applications exceeds the capacity of a program, class, grade
level, or
111.5building. In this case, pupils must be accepted by lot. The charter school must develop
111.6and publish, including on its Web site, a lottery policy and process that it must
use when
111.7accepting pupils by lot.
111.8 (c) A charter school shall give enrollment preference to a sibling of an enrolled
pupil
111.9and to a foster child of that pupil's parents and may give preference for enrolling
children
111.10of the school's staff before accepting other pupils by lot. A charter school that
is located in
111.11Duluth township in St. Louis County and admits students in kindergarten through grade
111.126 must give enrollment preference to students residing within a five-mile radius of
the
111.13school and to the siblings of enrolled children.
A If a charter school has a preschool or
111.14prekindergarten program under subdivision 8, paragraph (g), that is free to all participants,
111.15the charter school may give enrollment preference to children currently enrolled in the
111.16school's
free preschool or prekindergarten program
under subdivision 8, paragraph (f),
111.17who are eligible to enroll in kindergarten in the next school year.
111.18 (d) A person shall not be admitted to a charter school (1) as a kindergarten pupil,
111.19unless the pupil is at least five years of age on September 1 of the calendar year
in which
111.20the school year for which the pupil seeks admission commences; or (2) as a first grade
111.21student, unless the pupil is at least six years of age on September 1 of the calendar
year in
111.22which the school year for which the pupil seeks admission commences or has completed
111.23kindergarten; except that a charter school may establish and publish on its Web site
a
111.24policy for admission of selected pupils at an earlier age, consistent with the enrollment
111.25process in paragraphs (b) and (c).
111.26 (e) Except as permitted in paragraph (d), a charter school may not limit admission
111.27to pupils on the basis of intellectual ability, measures of achievement or aptitude,
or
111.28athletic ability and may not establish any criteria or requirements for admission
that are
111.29inconsistent with this subdivision.
111.30 (f) The charter school shall not distribute any services or goods of value to students,
111.31parents, or guardians as an inducement, term, or condition of enrolling a student
in a
111.32charter school.
111.33EFFECTIVE DATE.This section is effective for the 2015-2016 school year and
111.34later.
111.35 Sec. 7. Minnesota Statutes 2014, section 124D.10, subdivision 12, is amended to read:
112.1 Subd. 12.
Pupils with a disability. A charter school must comply with sections
112.2125A.02
,
125A.03 to
125A.24,
and
125A.65, and 125A.75 and rules relating to the
112.3education of pupils with a disability as though it were a district.
A charter school enrolling
112.4prekindergarten pupils with a disability under subdivision 8, paragraph (g), must
comply
112.5with sections 125A.259 to 125A.48 and rules relating to the Interagency Early Intervention
112.6System as though it were a school district.
112.7EFFECTIVE DATE.This section is effective for fiscal year 2016 and later.
112.8 Sec. 8. Minnesota Statutes 2014, section 124D.10, subdivision 14, is amended to read:
112.9 Subd. 14.
Annual public reports. (a) A charter school must publish an annual
112.10report approved by the board of directors. The annual report must at least include
112.11information on school enrollment, student attrition, governance and management, staffing,
112.12finances, academic performance, innovative practices and implementation, and future
112.13plans.
A charter school may combine this report with the reporting required under section
112.14120B.11. A charter school must post the annual report on the school's official Web site. A
112.15charter school must also distribute the annual report by publication, mail, or electronic
112.16means to its authorizer, school employees, and parents and legal guardians of students
112.17enrolled in the charter school. The reports are public data under chapter 13.
112.18 (b) The commissioner shall establish specifications for an authorizer's annual public
112.19report that is part of the system to evaluate authorizer performance under subdivision
112.203, paragraph (h). The report shall at least include key indicators of school academic,
112.21operational, and financial performance.
112.22 Sec. 9. Minnesota Statutes 2014, section 124D.10, subdivision 16, is amended to read:
112.23 Subd. 16.
Transportation. (a) A charter school after its first fiscal year of operation
112.24by March 1 of each fiscal year and a charter school by July 1 of its first fiscal
year of
112.25operation must notify the district in which the school is located and the Department
of
112.26Education if it will provide its own transportation or use the transportation services
of the
112.27district in which it is located for the fiscal year.
112.28 (b) If a charter school elects to provide transportation for pupils, the transportation
112.29must be provided by the charter school within the district in which the charter school
is
112.30located. The state must pay transportation aid to the charter school according to
section
112.31124D.11, subdivision 2
.
112.32 For pupils who reside outside the district in which the charter school is located,
the
112.33charter school is not required to provide or pay for transportation between the pupil's
112.34residence and the border of the district in which the charter school is located. A
parent
113.1may be reimbursed by the charter school for costs of transportation from the pupil's
113.2residence to the border of the district in which the charter school is located if
the pupil is
113.3from a family whose income is at or below the poverty level, as determined by the
federal
113.4government. The reimbursement may not exceed the pupil's actual cost of transportation
113.5or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for
113.6more than 250 miles per week.
113.7 At the time a pupil enrolls in a charter school, the charter school must provide the
113.8parent or guardian with information regarding the transportation.
113.9 (c) If a charter school does not elect to provide transportation, transportation for
113.10pupils enrolled at the school must be provided by the district in which the school
is located,
113.11according to sections
123B.88, subdivision 6, and
124D.03, subdivision 8, for a pupil
113.12residing in the same district in which the charter school is located. Transportation
may
113.13be provided by the district in which the school is located, according to sections
123B.88,
113.14subdivision 6
, and
124D.03, subdivision 8, for a pupil residing in a different district
and
113.15must be provided according to section 123B.88, subdivision 10a. If the district provides the
113.16transportation, the scheduling of routes, manner and method of transportation, control
and
113.17discipline of the pupils, and any other matter relating to the transportation of pupils
under
113.18this paragraph shall be within the sole discretion, control, and management of the
district.
113.19EFFECTIVE DATE.This section is effective July 1, 2015.
113.20 Sec. 10. Minnesota Statutes 2014, section 124D.10, subdivision 23, is amended to read:
113.21 Subd. 23.
Causes for nonrenewal or termination of charter school contract. (a)
113.22The duration of the contract with an authorizer must be for the term contained in
the
113.23contract according to subdivision 6. The authorizer may or may not renew a contract
at
113.24the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally
113.25terminate a contract during the term of the contract for any ground listed in paragraph
(b).
113.26At least 60 business days before not renewing or terminating a contract, the authorizer
113.27shall notify the board of directors of the charter school of the proposed action in
writing.
113.28The notice shall state the grounds for the proposed action in reasonable detail and
that the
113.29charter school's board of directors may request in writing an informal hearing before
the
113.30authorizer within 15 business days of receiving notice of nonrenewal or termination
of
113.31the contract. Failure by the board of directors to make a written request for an informal
113.32hearing within the 15-business-day period shall be treated as acquiescence to the
proposed
113.33action. Upon receiving a timely written request for a hearing, the authorizer shall
give ten
113.34business days' notice to the charter school's board of directors of the hearing date.
The
113.35authorizer shall conduct an informal hearing before taking final action. The authorizer
114.1shall take final action to renew or not renew a contract no later than 20 business
days
114.2before the proposed date for terminating the contract or the end date of the contract.
114.3 (b) A contract may be terminated or not renewed upon any of the following grounds:
114.4 (1) failure to demonstrate satisfactory academic achievement for all students,
114.5including the requirements for pupil performance contained in the contract;
114.6 (2) failure to meet generally accepted standards of fiscal management;
114.7 (3) violations of law; or
114.8 (4) other good cause shown.
114.9 If a contract is terminated or not renewed under this paragraph, the school must be
114.10dissolved according to the applicable provisions of chapter 317A.
114.11 (c) If the authorizer and the charter school board of directors mutually agree not
to
114.12renew the contract, a change in authorizers is allowed. The authorizer and the school
114.13board must jointly submit a written and signed letter of their intent to the commissioner
114.14to mutually not renew the contract. The authorizer that is a party to the existing
contract
114.15must inform the proposed authorizer about the fiscal, operational, and student performance
114.16status of the school, as well as any outstanding contractual obligations that exist.
The
114.17charter contract between the proposed authorizer and the school must identify and
provide
114.18a plan to address any outstanding obligations from the previous contract. The proposed
114.19contract must be submitted at least 105 business days before the end of the existing
114.20charter contract. The commissioner shall have 30 business days to review and make
a
114.21determination. The proposed authorizer and the school shall have 15 business days
to
114.22respond to the determination and address any issues identified by the commissioner.
A
114.23final determination by the commissioner shall be made no later than 45 business days
114.24before the end of the current charter contract. If no change in authorizer is approved,
the
114.25school and the current authorizer may withdraw their letter of nonrenewal and enter
into a
114.26new contract. If the transfer of authorizers is not approved and the current authorizer
and
114.27the school do not withdraw their letter and enter into a new contract, the school
must be
114.28dissolved according to applicable law and the terms of the contract.
114.29 (d) The commissioner, after providing reasonable notice to the board of directors
of
114.30a charter school and the existing authorizer, and after providing an opportunity for
a public
114.31hearing, may terminate the existing contract between the authorizer and the charter
school
114.32board if the charter school has a history of:
114.33 (1) failure to meet pupil performance requirements consistent with state law;
114.34 (2) financial mismanagement or failure to meet generally accepted standards of
114.35fiscal management; or
114.36 (3) repeated or major violations of the law.
115.1(e) Notwithstanding other provisions of this subdivision, the authorizer of a charter
115.2school may terminate an existing contract between the authorizer and the charter school
at
115.3the end of the current school year, after notifying the charter school board of directors
by
115.4December 1, if in each of the previous three consecutive school years the performance
of
115.5the charter school based on federal school accountability measures and on state measures
115.6of student performance and growth would place the school in the bottom ten percent
of all
115.7public schools as determined by the commissioner. If an authorizer chooses to terminate
115.8the contract, the school must be closed according to applicable law and the terms
of the
115.9contract. The authorizer must work with the charter school's board of directors to
ensure
115.10parents of children currently enrolled at the school are aware of school choice options
115.11and receive assistance in selecting an appropriate choice for their children for the
next
115.12school year. If the authorizer chooses not to terminate the existing contract under
these
115.13conditions, the authorizer must submit a public, written justification of its decision
to the
115.14commissioner by December 1. The federal and state measures identified in this paragraph
115.15do not prevent an authorizer from closing schools under other conditions, consistent
with
115.16applicable law and contract terms.
115.17 Sec. 11. Minnesota Statutes 2014, section 124D.10, is amended by adding a
115.18subdivision to read:
115.19 Subd. 24a. Merger. (a) Two or more charter schools may merge under chapter
115.20317A. The effective date of a merger must be July 1. The merged school must continue
115.21under the identity of one of the merging schools. A new charter contract under subdivision
115.226 must be executed by July 1. The authorizer must submit to the commissioner a copy
of
115.23the new signed charter contract within ten business days of its execution.
115.24(b) Each merging school must submit a separate year-end report for the previous year
115.25for that school only. After the final fiscal year of the premerger schools is closed
out, the
115.26fund balances and debts from the merging schools must be transferred to the merged
school.
115.27(c) For its first year of operation, the merged school is eligible to receive aid
from
115.28programs requiring approved applications equal to the sum of the aid of all of the
merging
115.29schools. For aids based on prior year data, the merged school is eligible to receive
aid for
115.30its first year of operation based on the combined data of all of the merging schools.
115.31 Sec. 12. Minnesota Statutes 2014, section 124D.11, subdivision 9, is amended to read:
115.32 Subd. 9.
Payment of aids to charter schools. (a) Notwithstanding section
115.33127A.45, subdivision 3
, if the current year aid payment percentage under section
115.34127A.45, subdivision 2
, paragraph (d), is 90 or greater, aid payments for the current
116.1fiscal year to a charter school shall be of an equal amount on each of the 24 payment
116.2dates. Notwithstanding section
127A.45, subdivision 3, if the current year aid payment
116.3percentage under section
127A.45, subdivision 2, paragraph (d), is less than 90, aid
116.4payments for the current fiscal year to a charter school shall be of an equal amount
on
116.5each of the 16 payment dates in July through February.
116.6(b) Notwithstanding paragraph (a) and section
127A.45, for a charter school ceasing
116.7operation on or prior to June 30 of a school year, for the payment periods occurring
after
116.8the school ceases serving students, the commissioner shall withhold the estimated
state aid
116.9owed the school. The charter school board of directors and authorizer must submit
to the
116.10commissioner a closure plan under chapter 308A or 317A, and financial information
about
116.11the school's liabilities and assets. After receiving the closure plan, financial information,
116.12an audit of pupil counts, documentation of lease expenditures, and monitoring of special
116.13education expenditures, the commissioner may release cash withheld and may continue
116.14regular payments up to the current year payment percentages if further amounts are
116.15owed. If, based on audits and monitoring, the school received state aid in excess
of the
116.16amount owed, the commissioner shall retain aid withheld sufficient to eliminate the
aid
116.17overpayment. For a charter school ceasing operations prior to, or at the end of, a
school
116.18year, notwithstanding section
127A.45, subdivision 3, preliminary final payments may
116.19be made after receiving the closure plan, audit of pupil counts, monitoring of special
116.20education expenditures, documentation of lease expenditures, and school submission
of
116.21Uniform Financial Accounting and Reporting Standards (UFARS) financial data for the
116.22final year of operation. Final payment may be made upon receipt of audited financial
116.23statements under section
123B.77, subdivision 3.
116.24(c) If a charter school fails to comply with the commissioner's directive to return,
116.25for cause, federal or state funds administered by the department, the commissioner
may
116.26withhold an amount of state aid sufficient to satisfy the directive.
116.27(d) If, within the timeline under section
471.425, a charter school fails to pay the state
116.28of Minnesota, a school district, intermediate school district, or service cooperative
after
116.29receiving an undisputed invoice for goods and services, the commissioner may withhold
116.30an amount of state aid sufficient to satisfy the claim and shall distribute the withheld
116.31aid to the interested state agency, school district, intermediate school district,
or service
116.32cooperative. An interested state agency, school district, intermediate school district,
or
116.33education cooperative shall notify the commissioner when a charter school fails to
pay an
116.34undisputed invoice within 75 business days of when it received the original invoice.
117.1(e) Notwithstanding section
127A.45, subdivision 3, and paragraph (a), 80 percent
117.2of the start-up cost aid under subdivision 8 shall be paid within 45 days after the
first day
117.3of student attendance for that school year.
117.4(f) (e) In order to receive state aid payments under this subdivision, a charter school
117.5in its first three years of operation must submit a school calendar in the form and
manner
117.6requested by the department and a quarterly report to the Department of Education.
The
117.7report must list each student by grade, show the student's start and end dates, if
any,
117.8with the charter school, and for any student participating in a learning year program,
117.9the report must list the hours and times of learning year activities. The report must
be
117.10submitted not more than two weeks after the end of the calendar quarter to the department.
117.11The department must develop a Web-based reporting form for charter schools to use
117.12when submitting enrollment reports. A charter school in its fourth and subsequent
year of
117.13operation must submit a school calendar and enrollment information to the department
in
117.14the form and manner requested by the department.
117.15(g) (f) Notwithstanding sections
317A.701 to
317A.791, upon closure of a charter
117.16school and satisfaction of creditors, cash and investment balances remaining shall
be
117.17returned to the state.
117.18(h) (g) A charter school must have a valid, signed contract under section
124D.10,
117.19subdivision 6, on file at the Department of Education at least 15 days prior to the
date of
117.20first payment of state aid for the fiscal year.
117.21(i) (h) State aid entitlements shall be computed for a charter school only for the
117.22portion of a school year for which it has a valid, signed contract under section
124D.10,
117.23subdivision 6.
117.24 Sec. 13.
REVISOR'S INSTRUCTION.
117.25The revisor of statutes shall renumber the provisions of Minnesota Statutes listed
117.26in column A to the references listed in column B. The revisor of statutes may alter
the
117.27renumbering to incorporate statutory changes made during the 2015 regular legislative
117.28session. The revisor shall also make necessary cross-reference changes in Minnesota
117.29Statutes and Minnesota Rules consistent with the renumbering in this instruction and
the
117.30relettering of paragraphs in sections 1 to 12.
117.31
|
|
Column A
|
Column B
|
117.32
|
|
124D.10, subd. 1, paragraph (a)
|
124E.01, subd. 1
|
117.33
|
|
124D.10, subd. 1, paragraph (b)
|
124E.06, subd. 3, paragraph (d)
|
117.34
|
|
124D.10, subd. 1, paragraph (c)
|
124E.06, subd. 1, paragraph (b)
|
117.35
|
|
124D.10, subd. 2
|
124E.01, subd. 2
|
117.36
|
|
124D.10, subd. 3, paragraph (a)
|
124E.02, paragraph (a)
|
118.1
|
|
124D.10, subd. 3, paragraph (b)
|
124E.05, subd. 1
|
118.2
|
|
124D.10, subd. 3, paragraph (c)
|
124E.05, subd. 2, paragraph (a)
|
118.3
|
|
124D.10, subd. 3, paragraph (d)
|
124E.05, subd. 3, paragraph (a)
|
118.4
|
|
124D.10, subd. 3, paragraph (e)
|
124E.05, subd. 4
|
118.5
|
|
124D.10, subd. 3, paragraph (f)
|
124E.05, subd. 3, paragraph (b)
|
118.6
|
|
124D.10, subd. 3, paragraph (g)
|
124E.05, subd. 7
|
118.7
|
|
124D.10, subd. 3, paragraph (h)
|
124E.05, subd. 2, paragraph (b)
|
118.8
|
|
124D.10, subd. 3, paragraph (i)
|
124E.05, subd. 5
|
118.9
|
|
124D.10, subd. 3, paragraph (j)
|
124E.05, subd. 6, paragraph (a)
|
118.10
|
|
124D.10, subd. 3, paragraph (k)
|
124E.05, subd. 6, paragraph (b)
|
118.11
|
|
124D.10, subd. 4, paragraph (a)
|
124E.06, subd. 1, paragraph (a)
|
118.12
|
|
124D.10, subd. 4, paragraph (b)
|
124E.06, subd. 2, paragraph (a)
|
118.13
|
|
124D.10, subd. 4, paragraph (c)
|
124E.06, subd. 2, paragraph (c)
|
118.14
|
|
124D.10, subd. 4, paragraph (d)
|
124E.06, subd. 4
|
118.15
|
|
124D.10, subd. 4, paragraph (e)
|
124E.06, subd. 3, paragraph (g)
|
118.16
|
|
124D.10, subd. 4, paragraph (f)
|
124E.06, subd. 2, paragraph (b)
|
118.17
|
|
124D.10, subd. 4, paragraph (g)
|
124E.07, subd. 1
|
118.18
|
|
124D.10, subd. 4, paragraph (h)
|
124E.07, subd. 5
|
118.19
|
|
124D.10, subd. 4, paragraph (i)
|
124E.07, subd. 8, paragraph (a)
|
118.20
|
|
124D.10, subd. 4, paragraph (j)
|
124E.07, subd. 8, paragraph (b)
|
118.21
|
|
124D.10, subd. 4, paragraph (k)
|
124E.17, subd. 2
|
118.22
|
|
124D.10, subd. 4, paragraph (l)
|
124E.07, subd. 7
|
118.23
|
|
124D.10, subd. 4, paragraph (m)
|
124E.07, subd. 2
|
118.24
|
|
124D.10, subd. 4, paragraph (n)
|
124E.07, subd. 3, paragraph (a)
|
118.25
|
|
124D.10, subd. 4, paragraph (o)
|
124E.07, subd. 4
|
118.26
|
|
124D.10, subd. 4, paragraph (p)
|
124E.10, subd. 2, paragraph (c)
|
118.27
|
|
124D.10, subd. 4, paragraph (q)
|
124E.10, subd. 2, paragraph (b)
|
118.28
|
|
124D.10, subd. 4, paragraph (r)
|
124E.10, subd. 2, paragraph (a)
|
118.29
|
|
124D.10, subd. 4, paragraph (s)
|
124E.06, subd. 5, paragraph (a)
|
118.30
|
|
124D.10, subd. 4, paragraph (t)
|
124E.06, subd. 5, paragraph (b)
|
118.31
|
|
124D.10, subd. 4a, paragraph (a)
|
124E.07, subd. 3, paragraph (b)
|
118.32
|
|
124D.10, subd. 4a, paragraph (b)
|
124E.14, paragraph (a)
|
118.33
|
|
124D.10, subd. 4a, paragraph (c)
|
124E.07, subd. 3, paragraph (c)
|
118.34
|
|
124D.10, subd. 4a, paragraph (d)
|
124E.07, subd. 3, paragraph (d)
|
118.35
|
|
124D.10, subd. 4a, paragraph (e)
|
124E.14, paragraph (b)
|
118.36
|
|
124D.10, subd. 4a, paragraph (f)
|
124E.14, paragraph (c)
|
118.37
|
|
124D.10, subd. 5
|
124E.06, subd. 6
|
118.38
|
|
124D.10, subd. 6
|
124E.10, subd. 1, paragraph (a)
|
118.39
118.40
|
|
124D.10, subd. 6a
|
124E.16, subd. 1, paragraphs (b) to
(e)
|
118.41
|
|
124D.10, subd. 7
|
124E.03, subd. 1
|
118.42
|
|
124D.10, subd. 8, paragraph (a)
|
124E.03, subd. 2, paragraph (a)
|
118.43
|
|
124D.10, subd. 8, paragraph (b)
|
124E.03, subd. 2, paragraph (b)
|
118.44
|
|
124D.10, subd. 8, paragraph (c)
|
124E.06, subd. 3, paragraph (e)
|
119.1
|
|
124D.10, subd. 8, paragraph (d)
|
124E.06, subd. 3, paragraph (b)
|
119.2
|
|
124D.10, subd. 8, paragraph (e)
|
124E.03, subd. 4, paragraph (a)
|
119.3
|
|
124D.10, subd. 8, paragraph (f)
|
124E.06, subd. 3, paragraph (c)
|
119.4
|
|
124D.10, subd. 8, paragraph (g)
|
124E.06, subd. 3, paragraph (a)
|
119.5
|
|
124D.10, subd. 8, paragraph (h)
|
124E.06, subd. 3, paragraph (f)
|
119.6
|
|
124D.10, subd. 8, paragraph (i)
|
124E.03, subd. 4, paragraph (b)
|
119.7
|
|
124D.10, subd. 8, paragraph (j)
|
124E.11, paragraph (g)
|
119.8
|
|
124D.10, subd. 8, paragraph (k)
|
124E.03, subd. 2, paragraph (c)
|
119.9
|
|
124D.10, subd. 8, paragraph (l)
|
124E.16, subd. 1, paragraph (a)
|
119.10
|
|
124D.10, subd. 8, paragraph (m)
|
124E.03, subd. 2, paragraph (d)
|
119.11
|
|
124D.10, subd. 8, paragraph (n)
|
124E.03, subd. 5, paragraph (a)
|
119.12
|
|
124D.10, subd. 8, paragraph (o)
|
124E.03, subd. 2, paragraph (e)
|
119.13
|
|
124D.10, subd. 8, paragraph (p)
|
124E.03, subd. 7, paragraph (a)
|
119.14
|
|
124D.10, subd. 8, paragraph (q)
|
124E.03, subd. 2, paragraph (f)
|
119.15
|
|
124D.10, subd. 8, paragraph (r)
|
124E.03, subd. 5, paragraph (b)
|
119.16
|
|
124D.10, subd. 8, paragraph (s)
|
124E.03, subd. 7, paragraph (b)
|
119.17
|
|
124D.10, subd. 8, paragraph (t)
|
124E.03, subd. 7, paragraph (c)
|
119.18
|
|
124D.10, subd. 8, paragraph (u)
|
124E.03, subd. 2, paragraph (g)
|
119.19
|
|
124D.10, subd. 8, paragraph (v)
|
124E.03, subd. 2, paragraph (h)
|
119.20
|
|
124D.10, subd. 8, paragraph (w)
|
124E.03, subd. 2, paragraph (i)
|
119.21
|
|
124D.10, subd. 8, paragraph (x)
|
124E.03, subd. 4, paragraph (c)
|
119.22
|
|
124D.10, subd. 8, paragraph (y)
|
124E.15, paragraph (a)
|
119.23
|
|
124D.10, subd. 8a
|
124E.25, subd. 3, paragraph (a)
|
119.24
|
|
124D.10, subd. 8b
|
124E.25, subd. 3, paragraph (b)
|
119.25
|
|
124D.10, subd. 9
|
124E.11, paragraphs (a) to (f)
|
119.26
|
|
124D.10, subd. 10
|
124E.10, subd. 1, paragraph (b)
|
119.27
|
|
124D.10, subd. 11, paragraph (a)
|
124E.12, subd. 1
|
119.28
|
|
124D.10, subd. 11, paragraph (b)
|
124E.12, subd. 2
|
119.29
|
|
124D.10, subd. 11, paragraph (c)
|
124E.07, subd. 6
|
119.30
|
|
124D.10, subd. 11, paragraph (d)
|
124E.12, subd. 5
|
119.31
|
|
124D.10, subd. 12
|
124E.03, subd. 3
|
119.32
|
|
124D.10, subd. 13
|
124E.03, subd. 6
|
119.33
|
|
124D.10, subd. 14
|
124E.16, subd. 2
|
119.34
119.35
|
|
124D.10, subd. 15, paragraphs (a)
to (e)
|
124E.10, subd. 3, paragraphs (a) to
(e)
|
119.36
|
|
124D.10, subd. 15, paragraph (f)
|
124E.05, subd. 8
|
119.37
|
|
124D.10, subd. 16
|
124E.15, paragraphs (b) to (d)
|
119.38
|
|
124D.10, subd. 17
|
124E.13, subd. 1
|
119.39
|
|
124D.10, subd. 17a
|
124E.13, subd. 3
|
119.40
|
|
124D.10, subd. 17b
|
124E.13, subd. 4
|
119.41
|
|
124D.10, subd. 19
|
124E.17, subd. 1
|
119.42
|
|
124D.10, subd. 20
|
124E.12, subd. 6
|
119.43
|
|
124D.10, subd. 21
|
124E.12, subd. 3
|
119.44
|
|
124D.10, subd. 22
|
124E.12, subd. 4
|
120.1
120.2
|
|
124D.10, subd. 23, paragraphs (a)
and (b)
|
124E.10, subd. 4, paragraphs (a) and
(b)
|
120.3
|
|
124D.10, subd. 23, paragraph (c)
|
124E.10, subd. 5
|
120.4
|
|
124D.10, subd. 23, paragraph (d)
|
124E.10, subd. 4, paragraph (c)
|
120.5
|
|
124D.10, subd. 23a, paragraph (a)
|
124E.13, subd. 2, paragraph (a)
|
120.6
|
|
124D.10, subd. 23a, paragraph (b)
|
124E.02, paragraph (b)
|
120.7
|
|
124D.10, subd. 23a, paragraph (c)
|
124E.13, subd. 2, paragraph (b)
|
120.8
|
|
124D.10, subd. 23a, paragraph (d)
|
124E.13, subd. 2, paragraph (c)
|
120.9
|
|
124D.10, subd. 24
|
124E.10, subd. 6
|
120.10
|
|
124D.10, subd. 25
|
124E.09
|
120.11
|
|
124D.10, subd. 27
|
124E.08
|
120.12
|
|
124D.11, subd. 1
|
124E.20, subd.1
|
120.13
|
|
124D.11, subd. 2
|
124E.23
|
120.14
|
|
124D.11, subd. 3
|
124E.20, subd. 2
|
120.15
|
|
124D.11, subd. 4
|
124E.22
|
120.16
|
|
124D.11, subd. 5
|
124E.21
|
120.17
|
|
124D.11, subd. 6
|
124E.24
|
120.18
|
|
124D.11, subd. 7
|
124E.26
|
120.19
|
|
124D.11, subd. 9, paragraph (a)
|
124E.25, subd. 1, paragraph (a)
|
120.20
|
|
124D.11, subd. 9, paragraph (b)
|
124E.25, subd. 1, paragraph (b)
|
120.21
|
|
124D.11, subd. 9, paragraph (c)
|
124E.25, subd. 4, paragraph (a)
|
120.22
|
|
124D.11, subd. 9, paragraph (d)
|
124E.25, subd. 4, paragraph (b)
|
120.23
|
|
124D.11, subd. 9, paragraph (e)
|
124E.25, subd. 2, paragraph (a)
|
120.24
|
|
124D.11, subd. 9, paragraph (f)
|
124E.25, subd. 1, paragraph (c)
|
120.25
|
|
124D.11, subd. 9, paragraph (g)
|
124E.25, subd. 2, paragraph (b)
|
120.26
|
|
124D.11, subd. 9, paragraph (h)
|
124E.25, subd. 2, paragraph (c)
|
120.27 Sec. 14.
APPROPRIATIONS.
120.28 Subdivision 1. Department. The sums indicated in this section are appropriated
120.29from the general fund to the Department of Education for the fiscal years designated.
120.30 Subd. 2. Charter school building lease aid. For building lease aid under Minnesota
120.31Statutes, section 124D.11, subdivision 4:
120.32
|
|
$
|
66,787,000
|
.....
|
2016
|
120.33
|
|
$
|
73,603,000
|
.....
|
2017
|
120.34The 2016 appropriation includes $6,032,000 for 2015 and $60,755,000 for 2016.
120.35The 2017 appropriation includes $6,750,000 for 2016 and $66,853,000 for 2017.
120.38 Section 1. Minnesota Statutes 2014, section 122A.31, subdivision 1, is amended to read:
121.1 Subdivision 1.
Requirements for American sign language/English interpreters.
121.2(a) In addition to any other requirements that a school district establishes, any
person
121.3employed to provide American sign language/English interpreting or sign transliterating
121.4services on a full-time or part-time basis for a school district after July 1, 2000,
must:
121.5(1) hold current interpreter and transliterator certificates awarded by the Registry
121.6of Interpreters for the Deaf (RID), or the general level interpreter proficiency certificate
121.7awarded by the National Association of the Deaf (NAD), or a comparable state
121.8certification from the commissioner of education; and
121.9(2) satisfactorily complete an interpreter/transliterator training program affiliated
121.10with an accredited educational institution.
121.11(b) New graduates of an interpreter/transliterator program affiliated with an
121.12accredited education institution shall be granted a two-year provisional certificate
by
121.13the commissioner. During the two-year provisional period, the interpreter/transliterator
121.14must develop and implement an education plan in collaboration with a mentor under
121.15paragraph (c).
121.16(c) A mentor of a provisionally certified interpreter/transliterator must be an
121.17interpreter/transliterator who has either NAD level IV or V certification or RID
121.18certified interpreter and certified transliterator certification and have at least
three
121.19years interpreting/transliterating experience in any educational setting. The mentor,
in
121.20collaboration with the provisionally certified interpreter/transliterator, shall develop
and
121.21implement an education plan designed to meet the requirements of paragraph (a), clause
121.22(1), and include a weekly on-site mentoring process.
121.23(d) Consistent with the requirements of this paragraph, a person holding a
121.24provisional certificate may apply to the commissioner for one time-limited extension.
121.25The commissioner, in consultation with the Commission of Deaf, DeafBlind and
121.26Hard-of-Hearing Minnesotans, must grant the person a time-limited extension of the
121.27provisional certificate based on the following documentation:
121.28(1) letters of support from the person's mentor, a parent of a pupil the person serves,
121.29the special education director of the district in which the person is employed, and
a
121.30representative from the regional service center of the deaf and hard-of-hearing;
121.31(2) records of the person's formal education, training, experience, and progress on
121.32the person's education plan; and
121.33(3) an explanation of why the extension is needed.
121.34As a condition of receiving the extension, the person must comply with a plan
121.35and the accompanying time line for meeting the requirements of this subdivision. A
121.36committee composed of the
director of the Minnesota Resource Center Serving Deaf and
122.1Hard-of-Hearing, or the director's designee deaf and hard-of-hearing state specialist, a
122.2representative of the Minnesota Association of Deaf Citizens, a representative of
the
122.3Minnesota Registry of Interpreters of the Deaf, and other appropriate persons selected
122.4by the commissioner must develop the plan and time line for the person receiving the
122.5extension.
122.6(e) A school district may employ only an interpreter/transliterator who has been
122.7certified under paragraph (a) or (b), or for whom a time-limited extension has been
122.8granted under paragraph (d).
122.9 Sec. 2. Minnesota Statutes 2014, section 122A.31, subdivision 2, is amended to read:
122.10 Subd. 2.
Oral or cued speech transliterators. (a) In addition to any other
122.11requirements that a school district establishes, any person employed to provide oral
122.12transliterating or cued speech transliterating services on a full-time or part-time
basis for a
122.13school district after July 1, 2000, must hold a current applicable transliterator
certificate
122.14awarded by the national certifying association or comparable state certification from
122.15the commissioner of education.
122.16(b) To provide oral or cued speech transliterator services on a full-time or part-time
122.17basis, a person employed in a school district must comply with paragraph (a). The
122.18commissioner shall grant a nonrenewable, two-year certificate to a school district
on behalf
122.19of a person who has not yet attained a current applicable transliterator certificate
under
122.20paragraph (a). A person for whom a nonrenewable, two-year certificate is issued must
122.21work under the direction of a licensed teacher who is skilled in language development
122.22of individuals who are deaf or hard-of-hearing. A person for whom a nonrenewable,
122.23two-year certificate is issued also must enroll in a state-approved training program
and
122.24demonstrate progress towards the certification required under paragraph (a) sufficient
for
122.25the person to be certified at the end of the two-year period.
122.26(c) Consistent with the requirements of this paragraph, a person holding a
122.27provisional certificate may apply to the commissioner for one time-limited extension.
The
122.28commissioner, in consultation with the Commission Serving Deaf and Hard-of-Hearing
122.29People, must grant the person a time-limited extension of the provisional certificate
based
122.30on the following documentation:
122.31(1) letters of support from the person's mentor, a parent of a pupil the person serves,
122.32the special education director of the district in which the person is employed, and
a
122.33representative from the regional service center of the deaf and hard-of-hearing;
122.34(2) records of the person's formal education, training, experience, and progress on
122.35the person's education plan; and
123.1(3) an explanation of why the extension is needed.
123.2As a condition of receiving the extension, the person must comply with a plan
123.3and the accompanying time line for meeting the requirements of this subdivision. A
123.4committee composed of the
director of the Minnesota Resource Center Serving Deaf and
123.5Hard-of-Hearing, or the director's designee deaf and hard-of-hearing state specialist, a
123.6representative of the Minnesota Association of Deaf Citizens, a representative of
the
123.7Minnesota Registry of Interpreters of the Deaf, and other appropriate persons selected
123.8by the commissioner must develop the plan and time line for the person receiving the
123.9extension.
123.10 Sec. 3. Minnesota Statutes 2014, section 123B.88, subdivision 1, is amended to read:
123.11 Subdivision 1.
Providing transportation. The board may provide for the
123.12transportation of pupils to and from school and for any other purpose. The board may
123.13also provide for the transportation of pupils to schools in other districts for grades
and
123.14departments not maintained in the district, including high school, at the expense
of the
123.15district, when funds are available therefor and if agreeable to the district to which
it is
123.16proposed to transport the pupils, for the whole or a part of the school year, as it
may
123.17deem advisable, and subject to its rules. In any district, the board must arrange
for the
123.18attendance of all pupils living two miles or more from the school, except pupils whose
123.19transportation privileges have been voluntarily surrendered under subdivision 2, or
123.20whose privileges have been revoked under section
123B.91, subdivision 1, clause (6), or
123.21123B.90, subdivision 2
. The district may provide for the transportation of or the boarding
123.22and rooming of the pupils who may be more economically and conveniently provided for
123.23by that means. Arrangements for attendance may include a requirement that parents
or
123.24guardians request transportation before it is provided. The board must provide
necessary
123.25transportation
to and from the home of, consistent with section 123B.92, subdivision 1,
123.26paragraph (b), clause (4), for a child with a disability not yet enrolled in kindergarten
123.27when for the provision of special instruction and services under sections
125A.03 to
123.28125A.24
,
125A.26 to
125A.48, and
125A.65 are provided in a location other than in
123.29the child's home.
Special instruction and services for a child with a disability not yet
123.30enrolled in kindergarten include an individualized education program team placement
123.31in an early childhood program when that placement is necessary to address the child's
123.32level of functioning and needs. When transportation is provided, scheduling of routes,
123.33establishment of the location of bus stops, manner and method of transportation, control
123.34and discipline of school children, the determination of fees, and any other matter
relating
123.35thereto must be within the sole discretion, control, and management of the board.
The
124.1district may provide for the transportation of pupils or expend a reasonable amount
124.2for room and board of pupils whose attendance at school can more economically and
124.3conveniently be provided for by that means or who attend school in a building rented
or
124.4leased by a district within the confines of an adjacent district.
124.5 Sec. 4. Minnesota Statutes 2014, section 125A.01, is amended to read:
124.6125A.01 DEFINITIONS.
124.7 Subdivision 1. General application. For purposes of this chapter, the words defined
124.8in section
120A.05 have the same meaning.
124.9 Subd. 2. Dyslexia. "Dyslexia" means a specific learning disability that is
124.10neurological in origin. It is characterized by difficulties with accurate or fluent
recognition
124.11of words and by poor spelling and decoding abilities. These difficulties typically
result
124.12from a deficit in the phonological component of language that is often unexpected
in
124.13relation to other cognitive abilities and the provision of effective classroom instruction.
124.14Secondary consequences may include problems in reading comprehension and reduced
124.15reading experience that can impede the growth of vocabulary and background knowledge.
124.16Students who have a dyslexia diagnosis must meet the state and federal eligibility
124.17criteria in order to qualify for special education services.
124.18 Sec. 5. Minnesota Statutes 2014, section 125A.023, subdivision 3, is amended to read:
124.19 Subd. 3.
Definitions. For purposes of this section and section
125A.027, the
124.20following terms have the meanings given them:
124.21(a) "Health plan" means:
124.22(1) a health plan under section
62Q.01, subdivision 3;
124.23(2) a county-based purchasing plan under section
256B.692;
124.24(3) a self-insured health plan established by a local government under section
124.25471.617
; or
124.26(4) self-insured health coverage provided by the state to its employees or retirees.
124.27(b) For purposes of this section, "health plan company" means an entity that issues
124.28a health plan as defined in paragraph (a).
124.29(c) "Interagency intervention service system" means a system that coordinates
124.30services and programs required in state and federal law to meet the needs of eligible
124.31children with disabilities ages birth through 21, including:
124.32(1) services provided under the following programs or initiatives administered
124.33by state or local agencies:
124.34(i) the maternal and child health program under title V of the Social Security Act;
125.1(ii) the Minnesota children with special health needs program under sections
144.05
125.2and
144.07;
125.3(iii) the Individuals with Disabilities Education Act, Part B, section 619, and Part
125.4C as amended;
125.5(iv) medical assistance under title 42, chapter 7, of the Social Security Act;
125.6(v) developmental disabilities services under chapter 256B;
125.7(vi) the Head Start Act under title 42, chapter 105, of the Social Security Act;
125.8(vii) vocational rehabilitation services provided under chapters 248 and 268A and
125.9the Rehabilitation Act of 1973;
125.10(viii) Juvenile Court Act services provided under sections
260.011 to
260.91;
125.11260B.001
to
260B.446; and
260C.001 to
260C.451;
125.12(ix) Minnesota Comprehensive Children's Mental Health Act under section
245.487;
125.13(x) the community health services grants under sections
145.88 to
145.9266;
125.14(xi) the Local Public Health Act under chapter 145A; and
125.15(xii) the Vulnerable Children and Adults Act, sections
256M.60 to
256M.80;
125.16(2) service provision and funding that can be coordinated through:
125.17(i) the children's mental health collaborative under section
245.493;
125.18(ii) the family services collaborative under section
124D.23;
125.19(iii) the community transition interagency committees under section
125A.22; and
125.20(iv) the interagency early intervention committees under section
125A.259;
125.21(3) financial and other funding programs to be coordinated including medical
125.22assistance under title 42, chapter 7, of the Social Security Act, the MinnesotaCare
program
125.23under chapter 256L, Supplemental Social Security Income, Developmental Disabilities
125.24Assistance, and any other employment-related activities associated with the Social
125.25Security Administration; and services provided under a health plan in conformity with
an
125.26individual family service plan or an individualized education program or an individual
125.27interagency intervention plan; and
125.28(4) additional appropriate services that local agencies and counties provide on
125.29an individual need basis upon determining eligibility and receiving a request from
(i)
125.30the
interagency early intervention committee school board or county board and
(ii) the
125.31child's parent.
125.32(d) "Children with disabilities" has the meaning given in section
125A.02.
125.33(e) A "standardized written plan" means those individual services or programs, with
125.34accompanying funding sources, available through the interagency intervention service
125.35system to an eligible child other than the services or programs described in the child's
125.36individualized education program or the child's individual family service plan.
126.1 Sec. 6. Minnesota Statutes 2014, section 125A.023, subdivision 4, is amended to read:
126.2 Subd. 4.
State Interagency Committee. (a) The commissioner of education, on
126.3behalf of the governor, shall convene an interagency committee to develop and implement
126.4a coordinated, multidisciplinary, interagency intervention service system for children
ages
126.5three to 21 with disabilities. The commissioners of commerce, education, health, human
126.6rights, human services, employment and economic development, and corrections shall
126.7each appoint two committee members from their departments; and the Association of
126.8Minnesota Counties, Minnesota School Boards Association, the Minnesota Administrators
126.9of Special Education, and the School Nurse Association of Minnesota shall each appoint
126.10one committee member. The committee shall select a chair from among its members.
126.11(b) The committee shall:
126.12(1) identify and assist in removing state and federal barriers to local coordination
of
126.13services provided to children with disabilities;
126.14(2) identify adequate, equitable, and flexible funding sources to streamline these
126.15services;
126.16(3) develop guidelines for implementing policies that ensure a comprehensive and
126.17coordinated system of all state and local agency services, including multidisciplinary
126.18assessment practices for children with disabilities ages three to 21, including:
126.19(i) develop, consistent with federal law, a standardized written plan for providing
126.20services to a child with disabilities;
126.21(ii) identify how current systems for dispute resolution can be coordinated;
126.22(iii) develop an evaluation process to measure the success of state and local
126.23interagency efforts in improving the quality and coordination of services to children
with
126.24disabilities ages three to 21; and
126.25(iv) develop guidelines to assist the governing boards of the interagency early
126.26intervention committees in carrying out the duties assigned in section
125A.027,
126.27subdivision 1
, paragraph (b); and
126.28(4) carry out other duties necessary to develop and implement within communities
126.29a coordinated, multidisciplinary, interagency intervention service system for children
126.30with disabilities.
126.31(c) The committee shall consult on an ongoing basis with the state Special Education
126.32Advisory Panel and the governor's Interagency Coordinating Council in carrying out
126.33its duties under this section, including assisting the
governing school boards
of the
126.34interagency early intervention committees and county boards.
126.35 Sec. 7. Minnesota Statutes 2014, section 125A.027, is amended to read:
127.1125A.027 INTERAGENCY EARLY INTERVENTION COMMITTEE
127.2RESPONSIBILITIES LOCAL AGENCY COORDINATION RESPONSIBILITIES.
127.3 Subdivision 1.
Additional duties School board and county board responsibilities.
127.4(a) It is the joint responsibility of school and county boards to coordinate, provide,
and
127.5pay for appropriate services and to facilitate payment for services from public and
private
127.6sources. Appropriate services for children eligible under section
125A.02 and receiving
127.7services from two or more public agencies of which one is the public school must be
127.8determined in consultation with parents, physicians, and other education, medical
health,
127.9and human services providers. The services provided must conform with a standardized
127.10written plan for each eligible child ages three to 21.
127.11(b) Appropriate services include those services listed on a child's standardized
127.12written plan. These services are those that are required to be documented on a plan
under
127.13federal and state law or rule.
127.14(c) School and county boards shall coordinate interagency services. Service
127.15responsibilities for eligible children, ages three to 21, may be established in interagency
127.16agreements or joint powers board agreements. In addition, interagency agreements or
127.17joint powers board agreements may be developed to establish agency responsibility
that
127.18ensures that coordinated interagency services are coordinated, provided, and paid
for and
127.19that payment is facilitated from public and private sources. School boards must provide,
127.20pay for, and facilitate payment for special education services as required under sections
127.21125A.03 and
125A.06. County boards must provide, pay for, and facilitate payment for
127.22those programs over which they have service and fiscal responsibility as referenced
in
127.23section
125A.023, subdivision 3, paragraph (c), clause (1).
127.24 Subd. 1a. Local governance structure. (a) The
governing school boards
of
127.25the interagency early intervention committees and county boards are responsible for
127.26developing and implementing interagency policies and procedures to coordinate services
127.27at the local level for children with disabilities ages three to 21 under guidelines
established
127.28by the state interagency committee under section
125A.023, subdivision 4. Consistent
127.29with the requirements in this section and section
125A.023, the
governing school boards
127.30of the interagency early intervention committees and county boards may organize as a
127.31joint powers board under section
471.59 or enter into an interagency agreement that
127.32establishes a governance structure.
127.33(b) The governing board of each interagency early intervention committee as defined
127.34in section
125A.30, paragraph (a), which may include a juvenile justice professional, shall:
127.35(1) identify state and federal barriers to local coordination of services provided
to
127.36children with disabilities;
128.1(2) implement policies that ensure a comprehensive and coordinated system of all
128.2state and local agency services, including practices on multidisciplinary assessment,
128.3standardized written plans, dispute resolution, and system evaluation for children
with
128.4disabilities ages three to 21;
128.5(3) coordinate services and facilitate payment for services from public and private
128.6institutions, agencies, and health plan companies; and
128.7(4) share needed information consistent with state and federal data practices
128.8requirements.
128.9 Subd. 2.
Appropriate and necessary services. (a) Parents, physicians, other health
128.10care professionals including school nurses, and education and human services providers
128.11jointly must determine appropriate and necessary services for eligible children with
128.12disabilities ages three to 21. The services provided to the child under this section
must
128.13conform with the child's standardized written plan. The
governing school board
of an
128.14interagency early intervention committee or county board must provide those services
128.15contained in a child's individualized education program and those services for which
128.16a legal obligation exists.
128.17(b) Nothing in this section or section
125A.023 increases or decreases the obligation
128.18of the state, county, regional agency, local school district, or local agency or organization
128.19to pay for education, health care, or social services.
128.20(c) A health plan may not exclude any medically necessary covered service solely
128.21because the service is or could be identified in a child's individual family service
plan,
128.22individualized education program, a plan established under section 504 of the federal
128.23Rehabilitation Act of 1973, or a student's individual health plan. This paragraph
reaffirms
128.24the obligation of a health plan company to provide or pay for certain medically necessary
128.25covered services, and encourages a health plan company to coordinate this care with
any
128.26other providers of similar services. Also, a health plan company may not exclude from
a
128.27health plan any medically necessary covered service such as an assessment or physical
128.28examination solely because the resulting information may be used for an individualized
128.29education program or a standardized written plan.
128.30 Subd. 4. Responsibilities of school and county boards. (a) It is the joint
128.31responsibility of school and county boards to coordinate, provide, and pay for appropriate
128.32services, and to facilitate payment for services from public and private sources.
128.33Appropriate service for children eligible under section
125A.02 and receiving service
128.34from two or more public agencies of which one is the public school must be determined
in
128.35consultation with parents, physicians, and other education, medical health, and human
129.1services providers. The services provided must be in conformity with a standardized
129.2written plan for each eligible child ages 3 to 21.
129.3(b) Appropriate services include those services listed on a child's standardized
129.4written plan. These services are those that are required to be documented on a plan
under
129.5federal and state law or rule.
129.6(c) School and county boards shall coordinate interagency services. Service
129.7responsibilities for eligible children, ages 3 to 21, may be established in interagency
129.8agreements or joint powers board agreements. In addition, interagency agreements or
joint
129.9powers board agreements may be developed to establish agency responsibility that assures
129.10that coordinated interagency services are coordinated, provided, and paid for, and
that
129.11payment is facilitated from public and private sources. School boards must provide,
129.12pay for, and facilitate payment for special education services as required under sections
129.13125A.03 and
125A.06. County boards must provide, pay for, and facilitate payment for
129.14those programs over which they have service and fiscal responsibility as referenced
in
129.15section
125A.023, subdivision 3, paragraph (c), clause (1).
129.16 Sec. 8. Minnesota Statutes 2014, section 125A.08, is amended to read:
129.17125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.
129.18(a) At the beginning of each school year, each school district shall have in effect,
for
129.19each child with a disability, an individualized education program.
129.20(b) As defined in this section, every district must ensure the following:
129.21(1) all students with disabilities are provided the special instruction and services
129.22which are appropriate to their needs. Where the individualized education program team
129.23has determined appropriate goals and objectives based on the student's needs, including
129.24the extent to which the student can be included in the least restrictive environment,
129.25and where there are essentially equivalent and effective instruction, related services,
or
129.26assistive technology devices available to meet the student's needs, cost to the district
may
129.27be among the factors considered by the team in choosing how to provide the appropriate
129.28services, instruction, or devices that are to be made part of the student's individualized
129.29education program. The individualized education program team shall consider and
129.30may authorize services covered by medical assistance according to section
256B.0625,
129.31subdivision 26
. The student's needs and the special education instruction and services to
129.32be provided must be agreed upon through the development of an individualized education
129.33program. The program must address the student's need to develop skills to live and
129.34work as independently as possible within the community. The individualized education
129.35program team must consider positive behavioral interventions, strategies, and supports
130.1that address behavior
needs for children
with attention deficit disorder or attention deficit
130.2hyperactivity disorder. During grade 9, the program must address the student's needs for
130.3transition from secondary services to postsecondary education and training, employment,
130.4community participation, recreation, and leisure and home living. In developing the
130.5program, districts must inform parents of the full range of transitional goals and
related
130.6services that should be considered. The program must include a statement of the needed
130.7transition services, including a statement of the interagency responsibilities or
linkages or
130.8both before secondary services are concluded;
130.9(2) children with a disability under age five and their families are provided special
130.10instruction and services appropriate to the child's level of functioning and needs;
130.11(3) children with a disability and their parents or guardians are guaranteed procedural
130.12safeguards and the right to participate in decisions involving identification, assessment
130.13including assistive technology assessment, and educational placement of children with
a
130.14disability;
130.15(4) eligibility and needs of children with a disability are determined by an initial
130.16evaluation or reevaluation, which may be completed using existing data under United
130.17States Code, title 20, section 33, et seq.;
130.18(5) to the maximum extent appropriate, children with a disability, including those
130.19in public or private institutions or other care facilities, are educated with children
who
130.20are not disabled, and that special classes, separate schooling, or other removal of
children
130.21with a disability from the regular educational environment occurs only when and to
the
130.22extent that the nature or severity of the disability is such that education in regular
classes
130.23with the use of supplementary services cannot be achieved satisfactorily;
130.24(6) in accordance with recognized professional standards, testing and evaluation
130.25materials, and procedures used for the purposes of classification and placement of
children
130.26with a disability are selected and administered so as not to be racially or culturally
130.27discriminatory; and
130.28(7) the rights of the child are protected when the parents or guardians are not known
130.29or not available, or the child is a ward of the state.
130.30(c) For
all paraprofessionals employed to work in programs
for whose role in part
130.31is to provide direct support to students with disabilities, the school board in each district
130.32shall ensure that:
130.33(1) before or
immediately upon beginning at the time of employment, each
130.34paraprofessional
develops must develop sufficient knowledge and skills in emergency
130.35procedures, building orientation, roles and responsibilities, confidentiality, vulnerability,
130.36and reportability, among other things, to begin meeting the needs
, especially
131.1disability-specific and behavioral needs, of the students with whom the paraprofessional
131.2works;
131.3(2) annual training opportunities are
available required to enable the paraprofessional
131.4to continue to further develop the knowledge and skills that are specific to the students
131.5with whom the paraprofessional works, including understanding disabilities,
the unique
131.6and individual needs of each student according to the student's disability and how
the
131.7disability affects the student's education and behavior, following lesson plans, and
131.8implementing follow-up instructional procedures and activities; and
131.9(3) a districtwide process obligates each paraprofessional to work under the ongoing
131.10direction of a licensed teacher and, where appropriate and possible, the supervision
of a
131.11school nurse.
131.12 Sec. 9.
[125A.083] STUDENT INFORMATION SYSTEMS; TRANSFERRING
131.13RECORDS.
131.14To efficiently and effectively meet federal and state compliance and accountability
131.15requirements using an online case management reporting system, school districts may
131.16contract only with a student information system vendor employing a universal filing
131.17system that is compatible with the online system for compliance reporting under section
131.18125A.085 beginning in the 2018-2019 school year and later. A district's universal
131.19filing system under this section must facilitate the seamless transfer of student
records
131.20for a student with disabilities who transfers between school districts, including
records
131.21containing the student's evaluation report, service plan, and other due process forms
and
131.22information, regardless of what filing system any one district uses.
131.23EFFECTIVE DATE.This section is effective the day following final enactment
131.24and applies to all district contracts with student information system vendors entered
into
131.25or modified after that date.
131.26 Sec. 10. Minnesota Statutes 2014, section 125A.085, is amended to read:
131.27125A.085 ONLINE REPORTING OF REQUIRED DATA.
131.28(a) To ensure a strong focus on outcomes for children with disabilities informs
131.29federal and state compliance and accountability requirements and to increase opportunities
131.30for special educators and related-services providers to focus on teaching children
with
131.31disabilities, the commissioner must customize a streamlined, user-friendly statewide
131.32online system, with a single model online form, for effectively and efficiently collecting
132.1and reporting required special education-related data to individuals with a legitimate
132.2educational interest and who are authorized by law to access the data.
132.3(b) The commissioner must consult with qualified experts, including information
132.4technology specialists, licensed special education teachers and directors of special
132.5education, related-services providers, third-party vendors, a designee of the commissioner
132.6of human services, parents of children with disabilities, representatives of advocacy
groups
132.7representing children with disabilities, and representatives of school districts and
special
132.8education cooperatives on integrating, field testing, customizing, and sustaining
this simple,
132.9easily accessible, efficient, and effective online data system for uniform statewide
reporting
132.10of required due process compliance data. Among other outcomes, the system must:
132.11 (1) reduce special education teachers' paperwork burden and thereby increase the
132.12teachers' opportunities to focus on teaching children;
132.13(2) to the extent authorized by chapter 13 or other applicable state or federal law
132.14governing access to and dissemination of educational records, provide for efficiently
132.15and effectively transmitting the records of all transferring children with disabilities,
132.16including highly mobile and homeless children with disabilities, among others, and
avoid
132.17fragmented service delivery;
132.18(3) address language and other barriers and disparities that prevent parents from
132.19understanding and communicating information about the needs of their children with
132.20disabilities; and
132.21(4) help continuously improve the interface among the online systems serving
132.22children with disabilities in order to maintain and reinforce the children's ability
to learn.
132.23(c) The commissioner must use the federal Office of Special Education Programs
132.24model forms for the (1) individualized education program, (2) notice of procedural
132.25safeguards, and (3) prior written notice that are consistent with Part B of IDEA to
integrate
132.26and customize a state-sponsored universal special education online case management
132.27system, consistent with the requirements of state law and this section for customizing
a
132.28statewide online reporting system. The commissioner must use a request for proposal
132.29process to contract for the technology and software needed for customizing the online
132.30system in order for the system to be fully functional, consistent with the requirements
of
132.31this section. This online system must be made available to school districts without
charge
132.32beginning in the 2015-2016 school year. For the 2015-2016
through 2017-2018 school
132.33years
and later, school districts may use this online system or may contract with an outside
132.34vendor for compliance reporting.
Beginning in the 2018-2019 school year and later,
132.35school districts must use this online system for compliance reporting.
133.1(d) All data on individuals maintained in the statewide reporting system are
133.2classified as provided in chapter 13 or other applicable state or federal law. An
authorized
133.3individual's ability to enter, update, or access data must be limited through the
use of
133.4role-based access codes corresponding to that individual's official duties or training
level,
133.5and the statutory authorization that grants access for a particular purpose. Any action
133.6in which data in the system are entered, updated, accessed, or shared or disseminated
133.7outside of the system must be recorded in an audit trail. The audit trail must identify
the
133.8specific user responsible for the action, the date and time the action occurred, and
the
133.9purpose for the action. Data contained in the audit trail maintain the same classification
133.10as the underlying data affected by the action, provided the responsible authority
makes
133.11the data available to a student or the student's parent upon request, and the responsible
133.12authority may access the data to audit the system's user activity and security safeguards.
133.13Before entering data on a student, the responsible authority must provide the student
or the
133.14student's parent written notice of the data practices rights and responsibilities
required
133.15by this section and a reasonable opportunity to refuse consent to have the student's
data
133.16included in the system. Upon receiving the student or the student's parent written
refusal
133.17to consent, the school district must not enter data on that student into the system
and must
133.18delete any existing data on that student currently in the system.
133.19(e) Consistent with this section, the commissioner must establish a public Internet
133.20Web interface to provide information to educators, parents, and the public about the
form
133.21and content of required special education reports, to respond to queries from educators,
133.22parents, and the public about specific aspects of special education reports and reporting,
133.23and to use the information garnered from the interface to streamline and revise special
133.24education reporting on the online system under this section. The public Internet Web
133.25interface must have a prominently linked page describing the rights and responsibilities
133.26of students and parents whose data are included in the statewide reporting system,
and
133.27include information on the data practices rights of students and parents provided
by this
133.28section and a form students or parents may use to refuse consent to have a student's
data
133.29included in the system. The public Internet Web interface must not provide access
to the
133.30educational records of any individual child.
133.31(f) The commissioner annually by February 1 must submit to the legislature a report
133.32on the status, recent changes, and sustainability of the online system under this
section.
133.33 Sec. 11. Minnesota Statutes 2014, section 125A.0942, subdivision 3, is amended to read:
134.1 Subd. 3.
Physical holding or seclusion. (a) Physical holding or seclusion may be
134.2used only in an emergency. A school that uses physical holding or seclusion shall
meet the
134.3following requirements:
134.4(1) physical holding or seclusion is the least intrusive intervention that effectively
134.5responds to the emergency;
134.6(2) physical holding or seclusion is not used to discipline a noncompliant child;
134.7(3) physical holding or seclusion ends when the threat of harm ends and the staff
134.8determines the child can safely return to the classroom or activity;
134.9(4) staff directly observes the child while physical holding or seclusion is being
used;
134.10(5) each time physical holding or seclusion is used, the staff person who implements
134.11or oversees the physical holding or seclusion documents, as soon as possible after
the
134.12incident concludes, the following information:
134.13(i) a description of the incident that led to the physical holding or seclusion;
134.14(ii) why a less restrictive measure failed or was determined by staff to be
134.15inappropriate or impractical;
134.16(iii) the time the physical holding or seclusion began and the time the child was
134.17released; and
134.18(iv) a brief record of the child's behavioral and physical status;
134.19(6) the room used for seclusion must:
134.20(i) be at least six feet by five feet;
134.21(ii) be well lit, well ventilated, adequately heated, and clean;
134.22(iii) have a window that allows staff to directly observe a child in seclusion;
134.23(iv) have tamperproof fixtures, electrical switches located immediately outside the
134.24door, and secure ceilings;
134.25(v) have doors that open out and are unlocked, locked with keyless locks that
134.26have immediate release mechanisms, or locked with locks that have immediate release
134.27mechanisms connected with a fire and emergency system; and
134.28(vi) not contain objects that a child may use to injure the child or others;
134.29(7) before using a room for seclusion, a school must:
134.30(i) receive written notice from local authorities that the room and the locking
134.31mechanisms comply with applicable building, fire, and safety codes; and
134.32(ii) register the room with the commissioner, who may view that room; and
134.33(8) until August 1, 2015, a school district may use prone restraints with children
134.34age five or older if:
134.35(i) the district has provided to the department a list of staff who have had specific
134.36training on the use of prone restraints;
135.1(ii) the district provides information on the type of training that was provided and
135.2by whom;
135.3(iii) only staff who received specific training use prone restraints;
135.4(iv) each incident of the use of prone restraints is reported to the department within
135.5five working days on a form provided by the department; and
135.6(v) the district, before using prone restraints, must review any known medical or
135.7psychological limitations that contraindicate the use of prone restraints.
135.8The department must collect data on districts' use of prone restraints and publish
the data
135.9in a readily accessible format on the department's Web site on a quarterly basis.
135.10(b) By February 1, 2015, and annually thereafter, stakeholders
must may, as
135.11necessary, recommend to the commissioner specific and measurable implementation and
135.12outcome goals for reducing the use of restrictive procedures and the commissioner
must
135.13submit to the legislature a report on districts' progress in reducing the use of restrictive
135.14procedures that recommends how to further reduce these procedures and eliminate
135.15the use of prone restraints. The statewide plan includes the following components:
135.16measurable goals; the resources, training, technical assistance, mental health services,
and
135.17collaborative efforts needed to significantly reduce districts' use of prone restraints;
and
135.18recommendations to clarify and improve the law governing districts' use of restrictive
135.19procedures. The commissioner must consult with interested stakeholders when preparing
135.20the report, including representatives of advocacy organizations, special education
directors,
135.21teachers, paraprofessionals, intermediate school districts, school boards, day treatment
135.22providers, county social services, state human services department staff, mental health
135.23professionals, and autism experts. By June 30 each year, districts must report summary
135.24data on their use of restrictive procedures to the department, in a form and manner
135.25determined by the commissioner. The summary data must include information about the
135.26use of restrictive procedures, including use of reasonable force under section
121A.582.
135.27EFFECTIVE DATE.This section is effective the day following final enactment.
135.28 Sec. 12. Minnesota Statutes 2014, section 125A.21, is amended to read:
135.29125A.21 THIRD-PARTY PAYMENT.
135.30 Subdivision 1.
Obligation to pay. Nothing in sections
125A.03 to
125A.24 and
135.31125A.65
relieves an insurer or similar third party from an otherwise valid obligation to
135.32pay, or changes the validity of an obligation to pay, for services rendered to a child
with
135.33a disability, and the child's family. A school district shall pay the nonfederal share
of
135.34medical assistance services provided according to section
256B.0625, subdivision 26.
136.1Eligible expenditures must not be made from federal funds or funds used to match other
136.2federal funds. Any federal disallowances are the responsibility of the school district.
A
136.3school district may pay or reimburse co-payments, coinsurance, deductibles, and other
136.4enrollee cost-sharing amounts, on behalf of the student or family, in connection with
136.5health and related services provided under an individual educational plan
or individualized
136.6family service plan.
136.7 Subd. 2.
Third-party reimbursement. (a) Beginning July 1, 2000, districts
136.8shall seek reimbursement from insurers and similar third parties for the cost of services
136.9provided by the district whenever the services provided by the district are otherwise
136.10covered by the child's health coverage. Districts shall request, but may not require,
the
136.11child's family to provide information about the child's health coverage when a child
with a
136.12disability begins to receive services from the district of a type that may be reimbursable,
136.13and shall request, but may not require, updated information after that as needed.
136.14(b) For children enrolled in medical assistance under chapter 256B or MinnesotaCare
136.15under chapter 256L who have no other health coverage, a district shall provide an
initial
136.16and annual written notice to the enrolled child's parent or legal representative of
its intent
136.17to seek reimbursement from medical assistance or MinnesotaCare for the individualized
136.18education program
or individualized family service plan health-related services provided
136.19by the district. The initial notice must give the child's parent or legal representative
the
136.20right to request a copy of the child's education records on the health-related services
that
136.21the district provided to the child and disclosed to a third-party payer.
136.22(c) The district shall give the parent or legal representative annual written notice
of:
136.23(1) the district's intent to seek reimbursement from medical assistance or
136.24MinnesotaCare for individualized education program
or individualized family service plan
136.25health-related services provided by the district;
136.26(2) the right of the parent or legal representative to request a copy of all records
136.27concerning individualized education program
or individualized family service plan
136.28health-related services disclosed by the district to any third party; and
136.29(3) the right of the parent or legal representative to withdraw consent for disclosure
136.30of a child's records at any time without consequence.
136.31The written notice shall be provided as part of the written notice required by Code
of
136.32Federal Regulations, title 34, section 300.504
or 303.520. The district must ensure that the
136.33parent of a child with a disability is given notice, in understandable language, of
federal and
136.34state procedural safeguards available to the parent under this paragraph and paragraph
(b).
136.35(d) In order to access the private health care coverage of a child who is covered
by
136.36private health care coverage in whole or in part, a district must:
137.1(1) obtain annual written informed consent from the parent or legal representative,
in
137.2compliance with subdivision 5; and
137.3(2) inform the parent or legal representative that a refusal to permit the district
137.4or state Medicaid agency to access their private health care coverage does not relieve
137.5the district of its responsibility to provide all services necessary to provide free
and
137.6appropriate public education at no cost to the parent or legal representative.
137.7(e) If the commissioner of human services obtains federal approval to exempt
137.8covered individualized education program
or individualized family service plan
137.9health-related services from the requirement that private health care coverage refuse
137.10payment before medical assistance may be billed, paragraphs (b), (c), and (d) shall
also
137.11apply to students with a combination of private health care coverage and health care
137.12coverage through medical assistance or MinnesotaCare.
137.13(f) In the event that Congress or any federal agency or the Minnesota legislature
137.14or any state agency establishes lifetime limits, limits for any health care services,
137.15cost-sharing provisions, or otherwise provides that individualized education program
or
137.16individualized family service plan health-related services impact benefits for persons
137.17enrolled in medical assistance or MinnesotaCare, the amendments to this subdivision
137.18adopted in 2002 are repealed on the effective date of any federal or state law or
regulation
137.19that imposes the limits. In that event, districts must obtain informed consent consistent
137.20with this subdivision as it existed prior to the 2002 amendments and subdivision 5,
before
137.21seeking reimbursement for children enrolled in medical assistance under chapter 256B
or
137.22MinnesotaCare under chapter 256L who have no other health care coverage.
137.23 Subd. 3.
Use of reimbursements. Of the reimbursements received, districts may:
137.24(1) retain an amount sufficient to compensate the district for its administrative
costs
137.25of obtaining reimbursements;
137.26(2) regularly obtain from education- and health-related entities training and other
137.27appropriate technical assistance designed to improve the district's ability to access
137.28third-party payments for individualized education program
or individualized family
137.29service plan health-related services; or
137.30(3) reallocate reimbursements for the benefit of students with individualized
137.31education programs or
individual individualized family service plans in the district.
137.32 Subd. 4.
Parents not obligated to use health coverage. To the extent required by
137.33federal law, a school district may not require parents of children with disabilities,
if they
137.34would incur a financial cost, to use private or public health coverage to pay for
the services
137.35that must be provided under an individualized education program
or individualized
137.36family service plan.
138.1 Subd. 5.
Informed consent. When obtaining informed consent, consistent with
138.2sections
13.05, subdivision 4a;
256B.77, subdivision 2, paragraph (p); and Code of
138.3Federal Regulations, title 34, parts 99
and, 300
, and 303, to bill health plans for covered
138.4services, the school district must notify the legal representative (1) that the cost
of the
138.5person's private health insurance premium may increase due to providing the covered
138.6service in the school setting, (2) that the school district may pay certain enrollee
health
138.7plan costs, including but not limited to, co-payments, coinsurance, deductibles, premium
138.8increases or other enrollee cost-sharing amounts for health and related services required
138.9by an individual service plan, or
individual individualized family service plan, and (3) that
138.10the school's billing for each type of covered service may affect service limits and
prior
138.11authorization thresholds. The informed consent may be revoked in writing at any time
138.12by the person authorizing the billing of the health plan.
138.13 Subd. 6.
District obligation to provide service. To the extent required by federal
138.14law, no school district may deny, withhold, or delay any service that must be provided
138.15under an individualized education program
or individualized family service plan because
138.16a family has refused to provide informed consent to bill a health plan for services
or a
138.17health plan company has refused to pay any, all, or a portion of the cost of services
billed.
138.18 Subd. 7.
District disclosure of information. A school district may disclose
138.19information contained in a student's individualized education program, consistent
with
138.20section
13.32, subdivision 3, paragraph (a), and Code of Federal Regulations, title 34,
138.21parts 99
and, 300
, and 303; including records of the student's diagnosis and treatment, to a
138.22health plan company only with the signed and dated consent of the student's parent,
or
138.23other legally authorized individual. The school district shall disclose only that
information
138.24necessary for the health plan company to decide matters of coverage and payment. A
138.25health plan company may use the information only for making decisions regarding
138.26coverage and payment, and for any other use permitted by law.
138.27 Sec. 13. Minnesota Statutes 2014, section 125A.28, is amended to read:
138.28125A.28 STATE INTERAGENCY COORDINATING COUNCIL.
138.29An Interagency Coordinating Council of at least 17, but not more than 25 members is
138.30established, in compliance with Public Law 108-446, section 641. The members must
be
138.31appointed by the governor and reasonably represent the population of Minnesota. Council
138.32members must elect the council chair, who may not be a representative of the Department
138.33of Education. The council must be composed of at least five parents, including persons
138.34of color, of children with disabilities under age 12, including at least three parents
of a
138.35child with a disability under age seven, five representatives of public or private
providers
139.1of services for children with disabilities under age five, including a special education
139.2director, county social service director, local Head Start director, and a community
health
139.3services or public health nursing administrator, one member of the senate, one member
of
139.4the house of representatives, one representative of teacher preparation programs in
early
139.5childhood-special education or other preparation programs in early childhood intervention,
139.6at least one representative of advocacy organizations for children with disabilities
under
139.7age five, one physician who cares for young children with special health care needs,
one
139.8representative each from the commissioners of commerce, education, health, human
139.9services, a representative from the state agency responsible for child care, foster
care,
139.10mental health, homeless coordinator of education of homeless children and youth, and
a
139.11representative from Indian health services or a tribal council. Section
15.059, subdivisions
139.122 to 4, apply to the council. The council must meet at least quarterly.
139.13The council must address methods of implementing the state policy of developing
139.14and implementing comprehensive, coordinated, multidisciplinary interagency programs
of
139.15early intervention services for children with disabilities and their families.
139.16The duties of the council include recommending policies to ensure a comprehensive
139.17and coordinated system of all state and local agency services for children under age
five
139.18with disabilities and their families. The policies must address how to incorporate
each
139.19agency's services into a unified state and local system of multidisciplinary assessment
139.20practices, individual intervention plans, comprehensive systems to find children in
need of
139.21services, methods to improve public awareness, and assistance in determining the role
of
139.22interagency early intervention committees.
139.23On the date that Minnesota Part C Annual Performance Report is submitted to
139.24Within 30 days of receiving the annual determination from the federal Office of Special
139.25Education
on the Minnesota Part C Annual Performance Report, the council must
139.26recommend to the governor and the commissioners of education, health, human services,
139.27commerce, and employment and economic development policies for a comprehensive
139.28and coordinated system.
139.29Annually, the council must prepare and submit a report to the governor and the
139.30secretary of the federal Department of Education on the status of early intervention
139.31services and programs for infants and toddlers with disabilities and their families
under
139.32the Individuals with Disabilities Education Act, United States Code, title 20, sections
139.331471 to 1485 (Part C, Public Law 102-119), as operated in Minnesota. The Minnesota
139.34Part C annual performance report may serve as the report.
140.1Notwithstanding any other law to the contrary, the State Interagency Coordinating
140.2Council does not expire unless federal law no longer requires the existence of the
council
140.3or committee.
140.4 Sec. 14. Minnesota Statutes 2014, section 125A.63, subdivision 2, is amended to read:
140.5 Subd. 2.
Programs. (a) The
resource centers department must offer summer
140.6institutes or other training programs throughout the state for deaf or hard-of-hearing,
blind
140.7or visually impaired, and multiply disabled pupils. The
resource centers department must
140.8also offer workshops for teachers, and leadership development for teachers.
140.9A program (b) Training and workshop programs offered
through the resource centers
140.10under paragraph (a) must
help promote and develop education programs offered by school
140.11districts or other organizations. The
program programs must assist school districts or other
140.12organizations to develop innovative programs.
140.13 Sec. 15. Minnesota Statutes 2014, section 125A.63, subdivision 3, is amended to read:
140.14 Subd. 3.
Programs by nonprofits. The
resource centers department may contract
140.15to have nonprofit organizations provide programs
through the resource centers under
140.16subdivision 2.
140.17 Sec. 16. Minnesota Statutes 2014, section 125A.63, subdivision 4, is amended to read:
140.18 Subd. 4.
Advisory committees. (a) The commissioner shall establish
an advisory
140.19committee committees for
each resource center the deaf and hard-of-hearing and for the
140.20blind and visually impaired. The advisory committees shall develop recommendations
140.21regarding the resource centers and submit an annual report to the commissioner on the
140.22form and in the manner prescribed by the commissioner.
140.23(b) The advisory
committee for the Resource Center committees for the deaf and
140.24hard of hearing
and for the blind and visually impaired shall meet periodically at least four
140.25times per year and
each submit an annual report to the commissioner, the education policy
140.26and finance committees of the legislature, and the Commission of Deaf, DeafBlind,
and
140.27Hard of Hearing Hard-of-Hearing Minnesotans. The
report reports must, at least:
140.28(1) identify and report the aggregate, data-based education outcomes for children
140.29with the primary disability classification of deaf and hard of hearing
or of blind and
140.30visually impaired, consistent with the commissioner's child count reporting practices, the
140.31commissioner's state and local outcome data reporting system by district and region,
and
140.32the school performance report cards under section
120B.36, subdivision 1; and
141.1(2) describe the implementation of a data-based plan for improving the education
141.2outcomes of deaf and hard of hearing
or blind and visually impaired children that is
141.3premised on evidence-based best practices, and provide a cost estimate for ongoing
141.4implementation of the plan.
141.5 Sec. 17. Minnesota Statutes 2014, section 125A.63, subdivision 5, is amended to read:
141.6 Subd. 5.
Statewide hearing loss early education intervention coordinator. (a)
141.7The coordinator shall:
141.8 (1) collaborate with the early hearing detection and intervention coordinator for
the
141.9Department of Health,
the director of the Department of Education Resource Center for
141.10Deaf and Hard-of-Hearing deaf and hard-of-hearing state specialist, and the Department
141.11of Health Early Hearing Detection and Intervention Advisory Council;
141.12 (2) coordinate and support Department of Education early hearing detection and
141.13intervention teams;
141.14 (3) leverage resources by serving as a liaison between interagency early intervention
141.15committees; part C coordinators from the Departments of Education, Health, and
141.16Human Services; Department of Education regional low-incidence facilitators; service
141.17coordinators from school districts; Minnesota children with special health needs in
the
141.18Department of Health; public health nurses; child find; Department of Human Services
141.19Deaf and Hard-of-Hearing Services Division; and others as appropriate;
141.20 (4) identify, support, and promote culturally appropriate and evidence-based early
141.21intervention practices for infants with hearing loss, and provide training, outreach,
and use
141.22of technology to increase consistency in statewide service provision;
141.23 (5) identify culturally appropriate specialized reliable and valid instruments to
assess
141.24and track the progress of children with hearing loss and promote their use;
141.25 (6) ensure that early childhood providers, parents, and members of the individual
141.26family service and intervention plan are provided with child progress data resulting
from
141.27specialized assessments;
141.28 (7) educate early childhood providers and teachers of the deaf and hard-of-hearing
141.29to use developmental data from specialized assessments to plan and adjust individual
141.30family service plans; and
141.31 (8) make recommendations that would improve educational outcomes to the early
141.32hearing detection and intervention committee, the commissioners of education and health,
141.33the Commission of Deaf, DeafBlind and Hard-of-Hearing Minnesotans, and the advisory
141.34council
of the Minnesota Department of Education Resource Center for the deaf and
141.35hard-of-hearing.
142.1 (b) The Department of Education must provide aggregate data regarding outcomes
142.2of deaf and hard-of-hearing children who receive early intervention services within
the
142.3state in accordance with the state performance plan.
142.4 Sec. 18. Minnesota Statutes 2014, section 125A.76, subdivision 1, is amended to read:
142.5 Subdivision 1.
Definitions. (a) For the purposes of this section and section
125A.79,
142.6the definitions in this subdivision apply.
142.7 (b) "Basic revenue" has the meaning given it in section
126C.10, subdivision 2.
142.8For the purposes of computing basic revenue pursuant to this section, each child with
a
142.9disability shall be counted as prescribed in section
126C.05, subdivision 1.
142.10 (c) "Essential personnel" means teachers, cultural liaisons, related services, and
142.11support services staff providing services to students. Essential personnel may also
include
142.12special education paraprofessionals or clericals providing support to teachers and
students
142.13by preparing paperwork and making arrangements related to special education compliance
142.14requirements, including parent meetings and individualized education programs. Essential
142.15personnel does not include administrators and supervisors.
142.16 (d) "Average daily membership" has the meaning given it in section
126C.05.
142.17 (e) "Program growth factor" means
1.046 for fiscal years 2012 through 2015, 1.0
142.18for fiscal year 2016,
1.046 for fiscal year 2017, and the product of
1.046 and the program
142.19growth factor for the previous year for fiscal year 2018 and later.
142.20(f) "Nonfederal special education expenditure" means all direct expenditures that
142.21are necessary and essential to meet the district's obligation to provide special instruction
142.22and services to children with a disability according to sections
124D.454,
125A.03 to
142.23125A.24
,
125A.259 to
125A.48, and
125A.65 as submitted by the district and approved by
142.24the department under section
125A.75, subdivision 4, excluding expenditures:
142.25(1) reimbursed with federal funds;
142.26(2) reimbursed with other state aids under this chapter;
142.27(3) for general education costs of serving students with a disability;
142.28(4) for facilities;
142.29(5) for pupil transportation; and
142.30(6) for postemployment benefits.
142.31(g) "Old formula special education expenditures" means expenditures eligible for
142.32revenue under Minnesota Statutes 2012, section
125A.76, subdivision 2.
142.33 (h) For the Minnesota State Academy for the Deaf and the Minnesota State Academy
142.34for the Blind, expenditures under paragraphs (f) and (g) are limited to the salary
and
142.35fringe benefits of one-to-one instructional and behavior management aides and one-to-one
143.1licensed, certified professionals assigned to a child attending the academy, if the
aides or
143.2professionals are required by the child's individualized education program.
143.3(i) "Cross subsidy reduction aid percentage" means 1.0 percent for fiscal year 2014
143.4and
2.27 percent for fiscal year 2015.
143.5(j) "Cross subsidy reduction aid limit" means $20 for fiscal year 2014 and $48
143.6for fiscal year 2015.
143.7(k) "Special education aid increase limit" means $80 for fiscal year 2016, $100 for
143.8fiscal year 2017, and, for fiscal year 2018 and later, the sum of the special education
aid
143.9increase limit for the previous fiscal year and $40.
143.10(l) "District" means a school district, a charter school, or a cooperative unit as
143.11defined in section 123A.24, subdivision 2. Notwithstanding section 123A.26, cooperative
143.12units as defined in section 123A.24, subdivision 2, are eligible to receive special
education
143.13aid under this section and section 125A.79.
143.14EFFECTIVE DATE.This section is effective for fiscal year 2016 and later.
143.15 Sec. 19. Minnesota Statutes 2014, section 125A.76, subdivision 2c, is amended to read:
143.16 Subd. 2c.
Special education aid. (a) For fiscal year 2014 and fiscal year 2015, a
143.17district's special education aid equals the sum of the district's special education
aid under
143.18subdivision 5, the district's cross subsidy reduction aid under subdivision 2b, and
the
143.19district's excess cost aid under section
125A.79, subdivision 7.
143.20(b) For fiscal year 2016 and later, a district's special education aid equals the
sum of
143.21the district's special education initial aid under subdivision 2a and the district's
excess cost
143.22aid under section
125A.79, subdivision 5.
143.23(c) Notwithstanding paragraph (b), for fiscal year 2016, the special education aid
for
143.24a school district must not exceed the sum of the special education aid the district
would
143.25have received for fiscal year 2016 under Minnesota Statutes 2012, sections
125A.76
143.26and
125A.79, as adjusted according to Minnesota Statutes 2012, sections
125A.11 and
143.27127A.47, subdivision 7
, and the product of the district's average daily membership served
143.28and the special education aid increase limit.
143.29(d) Notwithstanding paragraph (b), for fiscal year 2017 and later, the special education
143.30aid for a school district must not exceed the sum of: (i) the product of the district's
average
143.31daily membership served and the special education aid increase limit and (ii) the
product
143.32of the sum of the special education aid the district would have received for fiscal
year 2016
143.33under Minnesota Statutes 2012, sections
125A.76 and
125A.79, as adjusted according
143.34to Minnesota Statutes 2012, sections
125A.11 and
127A.47, subdivision 7, the ratio of
144.1the district's average daily membership served for the current fiscal year to the
district's
144.2average daily membership served for fiscal year 2016, and the program growth factor.
144.3(e) Notwithstanding paragraph (b), for fiscal year 2016 and later the special
144.4education aid for a school district, not including a charter school
or cooperative unit as
144.5defined in section 123A.24, must not be less than the lesser of (1) the district's nonfederal
144.6special education expenditures for that fiscal year or (2) the product of the sum
of the
144.7special education aid the district would have received for fiscal year 2016 under
Minnesota
144.8Statutes 2012, sections
125A.76 and
125A.79, as adjusted according to Minnesota Statutes
144.92012, sections
125A.11 and
127A.47, subdivision 7, the ratio of the district's adjusted
144.10daily membership for the current fiscal year to the district's average daily membership
for
144.11fiscal year 2016, and the program growth factor.
144.12(f) Notwithstanding subdivision 2a and section 125A.79, a charter school in its first
144.13year of operation shall generate special education aid based on current year data.
A newly
144.14formed cooperative unit as defined in section 123A.24 may apply to the commissioner
144.15for approval to generate special education aid for its first year of operation based
on
144.16current year data, with an offsetting adjustment to the prior year data used to calculate
aid
144.17for programs at participating school districts or previous cooperatives that were
replaced
144.18by the new cooperative.
144.19 Sec. 20.
SPECIAL EDUCATION EVALUATION.
144.20 Subdivision 1. Special education teachers' compliance with legal requirements.
144.21The Department of Education must identify ways to give teachers working with eligible
144.22children with disabilities sufficient written and online resources to make informed
decisions
144.23about how to effectively comply with legal requirements related to providing special
144.24education programs and services, including writing individualized education programs
and
144.25related documents, among other requirements. The department must work collaboratively
144.26with teachers working with eligible children with disabilities, other school and district
staff,
144.27and representatives of affected organizations, including Education Minnesota, Minnesota
144.28School Boards Association, and Minnesota Administrators of Special Education, among
144.29others, to identify obstacles to and solutions for teachers' confusion about complying
with
144.30legal requirements governing special education programs and services. The department
144.31must work with schools and districts to provide staff development training to better
144.32comply with applicable legal requirements while meeting the educational needs and
144.33improving the educational progress of eligible children with disabilities.
145.1 Subd. 2. Efficiencies to reduce paperwork. The Department of Education, in
145.2collaboration with teachers and administrators working with eligible children with
145.3disabilities in schools and districts, must identify strategies to effectively decrease
the
145.4amount of time teachers spend completing paperwork for special education programs
and
145.5services, evaluate whether the strategies are cost-effective, and determine whether
other
145.6schools and districts are able to effectively use the strategies given available staff
and
145.7resources. Where an evaluation shows that particular paperwork reduction strategies
are
145.8cost-effective without undermining the purpose of the paperwork or the integrity of
special
145.9education requirements, the department must electronically disseminate and promote
the
145.10strategies to other schools and districts throughout the state.
145.11 Subd. 3. Special education forms; reading level. The Department of Education
145.12must determine the current reading level of its special education forms, establish
a target
145.13reading level for such forms, and, based on that target level, determine whether alternative
145.14forms are needed to accommodate the lexical and sublexical cognitive processes of
145.15individual form users and readers. The department must work with interested special
145.16education stakeholders and reading experts in making the determinations and identification
145.17required in this subdivision.
145.18EFFECTIVE DATE.This section is effective the day following final enactment.
145.19 Sec. 21.
APPROPRIATIONS.
145.20 Subdivision 1. Department of Education. The sums indicated in this section are
145.21appropriated from the general fund to the Department of Education for the fiscal years
145.22designated.
145.23 Subd. 2. Special education; regular. For special education aid under Minnesota
145.24Statutes, section 125A.75:
145.25
|
|
$
|
1,170,508,000
|
.....
|
2016
|
145.26
|
|
$
|
1,229,706,000
|
.....
|
2017
|
145.27The 2016 appropriation includes $137,932,000 for 2015 and $1,032,576,000 for
145.282016.
145.29The 2017 appropriation includes $145,356,000 for 2016 and $1,084,350,000 for
145.302017.
145.31 Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes,
145.32section 125A.75, subdivision 3, for children with disabilities placed in residential
facilities
145.33within the district boundaries for whom no district of residence can be determined:
146.1
|
|
$
|
1,406,000
|
.....
|
2016
|
146.2
|
|
$
|
1,629,000
|
.....
|
2017
|
146.3If the appropriation for either year is insufficient, the appropriation for the other
146.4year is available.
146.5 Subd. 4. Travel for home-based services. For aid for teacher travel for home-based
146.6services under Minnesota Statutes, section 125A.75, subdivision 1:
146.7
|
|
$
|
361,000
|
.....
|
2016
|
146.8
|
|
$
|
371,000
|
.....
|
2017
|
146.9The 2016 appropriation includes $35,000 for 2015 and $326,000 for 2016.
146.10The 2017 appropriation includes $36,000 for 2016 and $335,000 for 2017.
146.11 Subd. 5. Court-placed special education revenue. For reimbursing serving school
146.12districts for unreimbursed eligible expenditures attributable to children placed in
the serving
146.13school district by court action under Minnesota Statutes, section 125A.79, subdivision
4:
146.14
|
|
$
|
56,000
|
.....
|
2016
|
146.15
|
|
$
|
57,000
|
.....
|
2017
|
146.16 Subd. 6. Special education out-of-state tuition. For special education out-of-state
146.17tuition according to Minnesota Statutes, section 125A.79, subdivision 8:
146.18
|
|
$
|
250,000
|
.....
|
2016
|
146.19
|
|
$
|
250,000
|
.....
|
2017
|
146.20 Subd. 7. Training and technical assistance to reduce district use of seclusion
146.21and restraint. (a) For providing school districts with training and technical assistance to
146.22reduce district use of seclusion and restraint on students with complex needs:
146.23
|
|
$
|
750,000
|
.....
|
2016
|
146.24(b) Of this appropriation, $500,000 is available to the commissioner to reimburse
146.25school districts for the cost of hiring experts to provide staff training in reducing
district
146.26use of seclusion and restraint on students with complex needs.
146.27(c) Of this appropriation, $250,000 is available to the commissioner for the costs
146.28of providing specialized training and assistance to school districts with a high use
of
146.29seclusion and restraint on students with complex needs.
146.30(d) The commissioner may contract with experts from intermediate school district
146.31teams or level four programs to provide the specialized training and technical assistance.
146.32(e) Any funds unexpended in fiscal year 2016 do not cancel but carry forward into
146.33the next fiscal year.
147.1 Sec. 22.
REPEALER.
147.2Minnesota Statutes 2014, section 125A.63, subdivision 1, is repealed.
147.4FACILITIES AND TECHNOLOGY
147.5 Section 1. Minnesota Statutes 2014, section 123B.59, subdivision 6, is amended to read:
147.6 Subd. 6.
Alternative facilities aid. A district's alternative facilities aid
is the amount
147.7equal to equals 53.33 percent of the district's
annual debt service costs, provided that the
147.8amount does not exceed the amount certified to be levied for those purposes for taxes
147.9payable in 1997, or for a district that made a levy under subdivision 5, paragraph
(b), the
147.10lesser of the district's annual levy amount, or one-sixth of the amount of levy that
it certified
147.11for that purpose for taxes payable in 1998 alternative facilities aid for fiscal year 2016.
147.12EFFECTIVE DATE.This section is effective for fiscal year 2017 and later.
147.13 Sec. 2. Minnesota Statutes 2014, section 123B.59, subdivision 7, is amended to read:
147.14 Subd. 7.
Alternative facilities appropriation. (a) An amount not to exceed
147.15$19,700,000 $20,000,000 for fiscal year
2000 2016 and
$20,000,000 $11,187,000 for
147.16fiscal year
2001 2017 and each year thereafter is appropriated from the general fund to the
147.17commissioner of education for payment of alternative facilities aid under subdivision
6.
147.18(b) The appropriation in paragraph (a) must be reduced by the amount of any money
147.19specifically appropriated for the same purpose in any year from any state fund.
147.20EFFECTIVE DATE.This section is effective for fiscal year 2017 and later.
147.21 Sec. 3. Minnesota Statutes 2014, section 125B.26, subdivision 2, is amended to read:
147.22 Subd. 2.
E-rates. To be eligible for aid under this section, a district, charter school,
147.23or intermediate school district is required to file an e-rate application either separately
or
147.24through its telecommunications access cluster
and have a current technology plan on file
147.25with the department. Discounts received on telecommunications expenditures shall be
147.26reflected in the costs submitted to the department for aid under this section.
147.27 Sec. 4.
FAIR SCHOOL DOWNTOWN TRANSITION.
147.28 Subdivision 1. Student enrollment. A student enrolled in the FAIR School
147.29downtown during the 2014-2015 school year and a student accepted for enrollment during
147.30the 2015-2016 school year may continue to enroll in the FAIR School downtown in any
148.1year through the 2018-2019 school year. For the 2015-2016 school year and later, other
148.2students may apply for enrollment under Minnesota Statutes, section 124D.03.
148.3 Subd. 2. Compensatory revenue; literacy aid; alternative compensation
148.4revenue. For the 2015-2016 school year only, the Department of Education must calculate
148.5compensatory revenue, literacy aid, and alternative compensation revenue for the FAIR
148.6School downtown based on the October 1, 2014, enrollment counts.
148.7 Subd. 3. Pupil transportation. The district may transport a pupil enrolled in the
148.82014-2015 school year and a pupil accepted for enrollment during the 2015-2016 school
148.9year to and from the FAIR School downtown in succeeding school years regardless of
148.10the pupil's district of residence. Pupil transportation expenses under this section
are
148.11reimbursable under Minnesota Statutes, section 124D.87.
148.12EFFECTIVE DATE.This section is effective the day following the date on which
148.13the real and personal property of the FAIR School downtown in Minneapolis is conveyed
148.14to Special School District No. 1, Minneapolis.
148.15 Sec. 5.
FAIR SCHOOL CRYSTAL TRANSITION.
148.16 Subdivision 1. Student enrollment. A student enrolled in the FAIR School
148.17Crystal during the 2014-2015 school year and a student accepted for enrollment during
148.18the 2015-2016 school year may continue to enroll in the FAIR School Crystal in any
148.19year through the 2019-2020 school year. For the 2015-2016 school year and later, other
148.20students may apply for enrollment under Minnesota Statutes, section 124D.03.
148.21 Subd. 2. Compensatory revenue; literacy aid; alternative compensation
148.22revenue. For the 2015-2016 school year only, the Department of Education must calculate
148.23compensatory revenue, literacy aid, and alternative compensation revenue for the FAIR
148.24School Crystal based on the October 1, 2014, enrollment counts.
148.25 Subd. 3. Pupil transportation. The district may transport a pupil enrolled in
148.26the 2014-2015 school year and a pupil accepted for enrollment during the 2015-2016
148.27school year to and from the FAIR School Crystal in succeeding school years regardless
148.28of the pupil's district of residence. Pupil transportation expenses under this section
are
148.29reimbursable under Minnesota Statutes, section 124D.87.
148.30EFFECTIVE DATE.This section is effective the day following the date on which
148.31the real and personal property of the FAIR School Crystal in Crystal is conveyed to
148.32Independent School District No. 281, Robbinsdale.
149.1 Sec. 6.
APPROPRIATIONS.
149.2 Subdivision 1. Department of Education. The sums indicated in this section are
149.3appropriated from the general fund to the Department of Education for the fiscal years
149.4designated.
149.5 Subd. 2. Health and safety revenue. For health and safety aid according to
149.6Minnesota Statutes, section 123B.57, subdivision 5:
149.7
|
|
$
|
501,000
|
.....
|
2016
|
149.8
|
|
$
|
477,000
|
.....
|
2017
|
149.9The 2016 appropriation includes $66,000 for 2015 and $435,000 for 2016.
149.10The 2017 appropriation includes $48,000 for 2016 and $399,000 for 2017.
149.11 Subd. 3. Debt service equalization. For debt service aid according to Minnesota
149.12Statutes, sections 123B.53, subdivision 6, and 123B.535, subdivision 5:
149.13
|
|
$
|
20,349,000
|
.....
|
2016
|
149.14
|
|
$
|
22,171,000
|
.....
|
2017
|
149.15The 2016 appropriation includes $2,295,000 for 2015 and $18,054,000 for 2016.
149.16The 2017 appropriation includes $2,005,000 for 2016 and $20,166,000 for 2017.
149.17 Subd. 4. Alternative facilities bonding aid. For alternative facilities bonding aid,
149.18according to Minnesota Statutes, section 123B.59, subdivision 1:
149.19
|
|
$
|
19,287,000
|
.....
|
2016
|
149.20
|
|
$
|
11,187,000
|
.....
|
2017
|
149.21The 2016 appropriation includes $1,928,000 for 2015 and $17,359,000 for 2016.
149.22The 2017 appropriation includes $1,928,000 for 2016 and $9,259,000 for 2017.
149.23 Subd. 5. Equity in telecommunications access. For equity in telecommunications
149.24access:
149.25
|
|
$
|
3,750,000
|
.....
|
2016
|
149.26
|
|
$
|
3,750,000
|
.....
|
2017
|
149.27If the appropriation amount is insufficient, the commissioner shall reduce the
149.28reimbursement rate in Minnesota Statutes, section 125B.26, subdivisions 4 and 5, and
the
149.29revenue for fiscal years 2016 and 2017 shall be prorated.
149.30Any balance in the first year does not cancel but is available in the second year.
149.31 Subd. 6. Deferred maintenance aid. For deferred maintenance aid, according to
149.32Minnesota Statutes, section 123B.591, subdivision 4:
150.1
|
|
$
|
3,520,000
|
.....
|
2016
|
150.2
|
|
$
|
2,714,000
|
.....
|
2017
|
150.3The 2016 appropriation includes $409,000 for 2015 and $3,111,000 for 2016.
150.4The 2017 appropriation includes $345,000 for 2016 and $2,369,000 for 2017.
150.5 Subd. 7. Cancellation; IT certificates. All unspent funds, estimated at $299,000 for
150.6the information technology certificate partnership appropriation under Laws 2014,
chapter
150.7312, article 16, section 16, subdivision 5, are canceled to the general fund on June
30, 2015.
150.8EFFECTIVE DATE.This section is effective the day following final enactment.
150.10NUTRITION AND ACCOUNTING
150.11 Section 1. Minnesota Statutes 2014, section 16A.103, subdivision 1c, is amended to
150.12read:
150.13 Subd. 1c.
Expenditure data. (a) State agencies must submit any revisions
150.14in expenditure data the commissioner determines necessary for the forecast to the
150.15commissioner at least four weeks prior to the release of the forecast. The information
150.16submitted by state agencies and any modifications to that information made by the
150.17commissioner must be made available to legislative fiscal staff no later than three
weeks
150.18prior to the release of the forecast.
150.19(b) Notwithstanding paragraph (a), the Department of Education must submit any
150.20revisions in expenditure data to the commissioner at least three weeks before the
release of
150.21the November forecast, and the commissioner must make E-12 expenditure data available
to
150.22legislative fiscal staff no later than two weeks before the release of the November
forecast.
150.23 Sec. 2. Minnesota Statutes 2014, section 123A.24, subdivision 1, is amended to read:
150.24 Subdivision 1.
Distribution of assets and liabilities. (a) If a district withdraws
150.25from a cooperative unit defined in subdivision 2, the distribution of assets and assignment
150.26of liabilities to the withdrawing district shall be determined according to this subdivision.
150.27(b) The withdrawing district remains responsible for its share of debt incurred by
the
150.28cooperative unit according to section
123B.02, subdivision 3. The district and cooperative
150.29unit may mutually agree, through a board resolution by each, to terms and conditions
of
150.30the distribution of assets and the assignment of liabilities.
150.31(c) If the cooperative unit and the district cannot agree on the terms and conditions,
150.32the commissioner shall resolve the dispute by determining the district's proportionate
share
150.33of assets and liabilities based on the district's enrollment, financial contribution,
usage, or
151.1other factor or combination of factors determined appropriate by the commissioner.
If the
151.2dispute requires the commissioner to involve an administrative law judge, any fees
due
151.3to the Office of Administrative Hearings must be equally split between the district
and
151.4cooperative unit. The assets must be disbursed to the withdrawing district in a manner
151.5that minimizes financial disruption to the cooperative unit.
151.6(d) Assets related to an insurance pool shall not be disbursed to a member district
151.7under paragraph (c).
151.8EFFECTIVE DATE.This section is effective the day following final enactment.
151.9 Sec. 3. Minnesota Statutes 2014, section 123B.77, subdivision 3, is amended to read:
151.10 Subd. 3.
Statement for comparison and correction. (a) By November
30 15 of the
151.11calendar year of the submission of the unaudited financial data, the district must
provide to
151.12the commissioner audited financial data for the preceding fiscal year. The audit must
be
151.13conducted in compliance with generally accepted governmental auditing standards, the
151.14federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office
151.15of the State Auditor. An audited financial statement prepared in a form which will
allow
151.16comparison with and correction of material differences in the unaudited financial
data shall
151.17be submitted to the commissioner and the state auditor by December
31 15. The audited
151.18financial statement must also provide a statement of assurance pertaining to uniform
151.19financial accounting and reporting standards compliance and a copy of the management
151.20letter submitted to the district by the school district's auditor.
151.21(b) By February
15 1 of the calendar year following the submission of the unaudited
151.22financial data, the commissioner shall convert the audited financial data required
by this
151.23subdivision into the consolidated financial statement format required under subdivision
1a
151.24and publish the information on the department's Web site.
151.25 Sec. 4. Minnesota Statutes 2014, section 125A.75, subdivision 9, is amended to read:
151.26 Subd. 9.
Litigation costs; annual report. (a) By November 30 of each year,
151.27a school district must annually report the district's special education litigation
costs,
151.28including attorney fees and costs of due process hearings, to the commissioner of
151.29education, consistent with the Uniform Financial Accounting and Reporting Standards.
151.30 (b) By
January 15 February 1 of each year, the commissioner shall report school
151.31district special education litigation costs to the house of representatives and the
senate
151.32committees having jurisdiction over kindergarten through grade 12 education finance.
151.33 Sec. 5. Minnesota Statutes 2014, section 127A.05, subdivision 6, is amended to read:
152.1 Subd. 6.
Survey of districts. The commissioner of education shall survey the state's
152.2school districts and teacher preparation programs and report to the education committees
152.3of the legislature by
January 15 February 1 of each odd-numbered year on the status of
152.4teacher early retirement patterns, the teacher shortage, and the substitute teacher
shortage,
152.5including patterns and shortages in subject areas and regions of the state. The report
must
152.6also include how districts are making progress in hiring teachers and substitutes
in the
152.7areas of shortage and a five-year projection of teacher demand for each district.
152.8 Sec. 6. Minnesota Statutes 2014, section 127A.49, subdivision 1, is amended to read:
152.9 Subdivision 1.
Omissions. No adjustments to any aid payments made pursuant
152.10to this chapter or chapters 120B, 122A, 123A, 123B, 124D, 125A, and 126C resulting
152.11from omissions in district reports, except those adjustments determined by the legislative
152.12auditor, shall be made for any school year after December
30 15 of the next school year,
152.13unless otherwise specifically provided by law.
152.14 Sec. 7. Laws 2013, chapter 116, article 7, section 19, is amended to read:
152.15 Sec. 19.
FUND TRANSFER; FISCAL YEARS YEAR 2014 AND 2015
152.16THROUGH FISCAL YEAR 2017 ONLY.
152.17(a) Notwithstanding Minnesota Statutes, section
123B.80, subdivision 3, for fiscal
152.18years year 2014
and 2015 through fiscal year 2017 only, the commissioner must approve
152.19a request for a fund transfer if the transfer does not increase state aid obligations
to the
152.20district or result in additional property tax authority for the district. This section
does not
152.21permit transfers from the community service fund, the food service fund, or the reserved
152.22account for staff development under section
122A.61.
152.23(b) A school board may approve a fund transfer under paragraph (a) only after
152.24adopting a resolution stating the fund transfer will not diminish instructional opportunities
152.25for students.
152.26EFFECTIVE DATE.This section is effective the day following final enactment.
152.27 Sec. 8.
APPROPRIATIONS.
152.28 Subdivision 1. Department of Education. The sums indicated in this section are
152.29appropriated from the general fund to the Department of Education for the fiscal years
152.30designated.
152.31 Subd. 2. School lunch. For school lunch aid according to Minnesota Statutes,
152.32section 124D.111, and Code of Federal Regulations, title 7, section 210.17:
153.1
|
|
$
|
15,661,000
|
.....
|
2016
|
153.2
|
|
$
|
15,818,000
|
.....
|
2017
|
153.3 Subd. 3. School breakfast. For traditional school breakfast aid under Minnesota
153.4Statutes, section 124D.1158:
153.5
|
|
$
|
9,731,000
|
.....
|
2016
|
153.6
|
|
$
|
10,361,000
|
.....
|
2017
|
153.7 Subd. 4. Kindergarten milk. For kindergarten milk aid under Minnesota Statutes,
153.8section 124D.118:
153.9
|
|
$
|
942,000
|
.....
|
2016
|
153.10
|
|
$
|
942,000
|
.....
|
2017
|
153.11 Subd. 5. Summer school service replacement aid. For summer food service
153.12replacement aid under Minnesota Statutes, section 124D.119:
153.13
|
|
$
|
150,000
|
.....
|
2016
|
153.14
|
|
$
|
150,000
|
.....
|
2017
|
153.17 Section 1. Minnesota Statutes 2014, section 134.355, subdivision 8, is amended to read:
153.18 Subd. 8.
Eligibility. A regional public library system may apply for regional library
153.19telecommunications aid
. The aid must be used for data and video access maintenance,
153.20equipment, or installation of telecommunication lines. on behalf of itself and member
153.21public libraries. The aid must be used for connections and other eligible nonvoice
related
153.22e-rate program category one services. Aid may be used for e-rate program category
two
153.23services as identified in the Federal Communication Commission's eligible services
list
153.24for the current and preceding four funding years, if sufficient funds remain once
category
153.25one needs are met in each funding year. To be eligible, a regional public library system
153.26must be officially designated by the commissioner of education as a regional public
library
153.27system as defined in section
134.34, subdivision 3, and each of its participating cities and
153.28counties must meet local support levels defined in section
134.34, subdivision 1. A public
153.29library building that receives aid under this section must be open a minimum of 20
hours
153.30per week. Exceptions to the minimum open hours requirement may be granted by the
153.31Department of Education on request of the regional public library system for the following
153.32circumstances: short-term closing for emergency maintenance and repairs following
a
153.33natural disaster; in response to exceptional economic circumstances; building repair
or
154.1maintenance that requires public services areas to be closed; or to adjust hours of
public
154.2service to respond to documented seasonal use patterns.
154.3 Sec. 2. Minnesota Statutes 2014, section 134.355, subdivision 9, is amended to read:
154.4 Subd. 9.
Telecommunications aid. An application for regional library
154.5telecommunications aid must, at a minimum, contain information to document the
154.6following:
154.7 (1) the connections are adequate and employ an open network architecture that
154.8will ensure interconnectivity and interoperability with school districts, postsecondary
154.9education, or other governmental agencies;
154.10 (2) that the connection is established through the most cost-effective means and that
154.11the regional library has explored and coordinated connections through school districts,
154.12postsecondary education, or other governmental agencies;
154.13 (3) that the regional library system
has and member libraries included in the
154.14application have filed
or are included in an e-rate application; and
154.15 (4) other information, as determined by the commissioner of education, to ensure
154.16that connections are coordinated, efficient, and cost-effective, take advantage of
discounts,
154.17and meet applicable state standards.
154.18 The library system may include costs associated with cooperative arrangements with
154.19postsecondary institutions, school districts, and other governmental agencies.
154.20 Sec. 3. Minnesota Statutes 2014, section 134.355, subdivision 10, is amended to read:
154.21 Subd. 10.
Award of funds. The commissioner of education shall develop an
154.22application and a reporting form and procedures for regional library telecommunications
154.23aid. Aid shall be based on actual costs
of including, but not limited to, connections
, as
154.24documented in e-rate funding commitment decision letters for category one services
and
154.25acceptable documentation for category two services and funds available for this purpose.
154.26The commissioner shall make payments directly to the regional public library system.
154.27 Sec. 4.
DEPARTMENT OF EDUCATION; LIBRARY APPROPRIATIONS.
154.28 Subdivision 1. Department of Education. The sums indicated in this section are
154.29appropriated from the general fund to the Department of Education for the fiscal years
154.30designated.
154.31 Subd. 2. Basic system support. For basic system support aid under Minnesota
154.32Statutes, section 134.355:
155.1
|
|
$
|
13,570,000
|
.....
|
2016
|
155.2
|
|
$
|
13,570,000
|
.....
|
2017
|
155.3The 2016 appropriation includes $1,357,000 for 2015 and $12,213,000 for 2016.
155.4The 2017 appropriation includes $1,357,000 for 2016 and $12,213,000 for 2017.
155.5 Subd. 3. Multicounty, multitype library systems. For aid under Minnesota
155.6Statutes, sections 134.353 and 134.354, to multicounty, multitype library systems:
155.7
|
|
$
|
1,300,000
|
.....
|
2016
|
155.8
|
|
$
|
1,300,000
|
.....
|
2017
|
155.9The 2016 appropriation includes $130,000 for 2015 and $1,170,000 for 2016.
155.10The 2017 appropriation includes $130,000 for 2016 and $1,170,000 for 2017.
155.11 Subd. 4. Electronic library for Minnesota. For statewide licenses to online
155.12databases selected in cooperation with the Minnesota Office of Higher Education for
155.13school media centers, public libraries, state government agency libraries, and public
155.14or private college or university libraries:
155.15
|
|
$
|
900,000
|
.....
|
2016
|
155.16
|
|
$
|
900,000
|
.....
|
2017
|
155.17Any balance in the first year does not cancel but is available in the second year.
155.18 Subd. 5. Regional library telecommunications aid. For regional library
155.19telecommunications aid under Minnesota Statutes, section 134.355:
155.20
|
|
$
|
2,300,000
|
.....
|
2016
|
155.21
|
|
$
|
2,300,000
|
.....
|
2017
|
155.22The 2016 appropriation includes $230,000 for 2015 and $2,070,000 for 2016.
155.23The 2017 appropriation includes $230,000 for 2016 and $2,070,000 for 2017.
155.25EARLY CHILDHOOD EDUCATION
155.26 Section 1. Minnesota Statutes 2014, section 121A.17, subdivision 5, is amended to read:
155.27 Subd. 5.
Developmental screening program information. (a) The board must
155.28inform each resident family with a child eligible to participate in the developmental
155.29screening program, and a charter school that provides screening must inform families
155.30that apply for admission to the charter school, about the availability of the program
and
155.31the state's requirement that a child receive a developmental screening or provide
health
155.32records indicating that the child received a comparable developmental screening from
a
155.33public or private health care organization or individual health care provider not
later than
156.130 days after the first day of attending kindergarten in a public school. A school
district
156.2must inform all resident families with eligible children under age seven, and a charter
156.3school that provides screening must inform families that apply for admission to the
charter
156.4school, that their children may receive a developmental screening conducted either
by the
156.5school district or by a public or private health care organization or individual health
care
156.6provider and that the screening is not required if a statement signed by the child's
parent
156.7or guardian is submitted to the administrator or other person having general control
and
156.8supervision of the school that the child has not been screened.
156.9(b) A school district that enrolls students from an adjoining state under section
156.10124D.041 may inform a nonresident child whose family resides at a Minnesota address
as
156.11assigned by the United States Postal Service about the availability of the developmental
156.12screening program and may provide screening under this section to that child.
156.13EFFECTIVE DATE.This section is effective for revenue for fiscal year 2016
156.14and later.
156.15 Sec. 2. Minnesota Statutes 2014, section 124D.041, subdivision 1, is amended to read:
156.16 Subdivision 1.
Agreements. (a) The commissioner may enter into an agreement
156.17with the designated authority from an adjoining state to establish an enrollment options
156.18program between Minnesota and the adjoining state. Any agreement entered into pursuant
156.19to this section must specify the following:
156.20 (1) for students who are not residents of Minnesota, the enrollment options program
156.21applies only to a student whose resident school district borders Minnesota;
156.22 (2) the commissioner must negotiate equal, reciprocal rates with the designated
156.23authority from the adjoining state;
156.24 (3) if the adjoining state sends more students to Minnesota than Minnesota sends to
156.25the adjoining state, the adjoining state must pay the state of Minnesota the rate
agreed
156.26upon under clause (2) for the excess number of students sent to Minnesota;
156.27 (4) if Minnesota sends more students to the adjoining state than the adjoining state
156.28sends to Minnesota, the state of Minnesota will pay the adjoining state the rate agreed
156.29upon under clause (2) for the excess number of students sent to the adjoining state;
156.30 (5) the application procedures for the enrollment options program between
156.31Minnesota and the adjoining state;
156.32 (6) the reasons for which an application for the enrollment options program between
156.33Minnesota and the adjoining state may be denied; and
156.34 (7) that a Minnesota school district is not responsible for transportation for any
156.35resident student attending school in an adjoining state under the provisions of this
section.
157.1A Minnesota school district may, at its discretion, provide transportation services
for
157.2such a student.
157.3 (b) Any agreement entered into pursuant to this section may specify additional
157.4terms relating to any student in need of special education and related services pursuant
157.5to chapter 125A
, including early childhood special education services. Any additional
157.6terms must apply equally to both states.
157.7EFFECTIVE DATE.This section is effective July 1, 2015.
157.8 Sec. 3. Minnesota Statutes 2014, section 124D.041, subdivision 2, is amended to read:
157.9 Subd. 2.
Pupil accounting. (a) Any student from an adjoining state enrolled in
157.10Minnesota pursuant to this section is included in the receiving school district's
average
157.11daily membership and pupil units according to section
126C.05 as if the student were
157.12a resident of another Minnesota school district attending the receiving school district
157.13under section
124D.03.
157.14 (b) Any Minnesota resident student enrolled in an adjoining state pursuant to this
157.15section is included in the resident school district's average daily membership and
pupil
157.16units according to section
126C.05 as if the student were a resident of the district attending
157.17another Minnesota school district under section
124D.03.
157.18(c) A prekindergarten child from an adjoining state whose family resides at a
157.19Minnesota address as assigned by the United States Postal Service and is receiving
early
157.20childhood special education services from a Minnesota school district is considered
157.21enrolled in a Minnesota school district.
157.22EFFECTIVE DATE.This section is effective July 1, 2015.
157.23 Sec. 4.
[124D.1295] EARLY LEARNING PROGRAM COORDINATION.
157.24 Subdivision 1. Early learning program coordination. A school board, after
157.25receiving written comments from its early childhood advisory council, may adopt
157.26a resolution allowing the district to offer a coordinated early learning program.
A
157.27coordinated early learning program may provide early childhood family education
157.28services, school readiness services, and other early learning programs providing services
157.29to parents and children.
157.30 Subd. 2. Early learning program revenue sources. A school district's early
157.31learning program revenue includes its early childhood family education revenue under
157.32section 124D.135, school readiness program revenue under section 124D.16, and any
157.33other revenues set aside for early learning activities.
158.1 Subd. 3. Reserve account. A district that offers a coordinated early learning
158.2program must place all of the revenue it receives under subdivision 2 in an early
learning
158.3program reserve account established in the community service fund.
158.4EFFECTIVE DATE.This section is effective July 1, 2015.
158.5 Sec. 5. Minnesota Statutes 2014, section 124D.13, is amended to read:
158.6124D.13 EARLY CHILDHOOD FAMILY EDUCATION (ECFE) PROGRAMS.
158.7 Subdivision 1.
Establishment; purpose. A district that provides a community
158.8education program under sections
124D.18 and
124D.19 may establish an early childhood
158.9family education program
as an individual program or as a part of an early learning
158.10program under section 124D.1295. Two or more districts, each of which provides a
158.11community education program, may cooperate to jointly provide an early childhood
158.12family education program. The purpose of the early childhood family education program
158.13is to provide parenting education to support children's learning and development.
158.14 Subd. 2.
Program requirements. (a) Early childhood family education programs
158.15are programs for children in the period of life from birth to kindergarten, for the
parents
158.16and other relatives of these children, and for expectant parents. To the extent that
funds
158.17are insufficient to provide programs for all children, early childhood family education
158.18programs should emphasize programming for a child from birth to age three and
158.19encourage parents and other relatives to involve four- and five-year-old children
in school
158.20readiness programs, and other public and nonpublic early learning programs. A district
158.21may not limit participation to school district residents. Early childhood family education
158.22programs must provide:
158.23 (1) programs to educate parents and other relatives about the physical, cognitive,
158.24social, and emotional development of children and to enhance the skills of parents
and
158.25other relatives in providing for their children's learning and development;
158.26 (2) structured learning activities requiring interaction between children and their
158.27parents or relatives;
158.28 (3) structured learning activities for children that promote children's development
158.29and positive interaction with peers, which are held while parents or relatives attend
parent
158.30education classes;
158.31 (4) information on related community resources;
158.32 (5) information, materials, and activities that support the safety of children, including
158.33prevention of child abuse and neglect;
159.1 (6) a community needs assessment that identifies new and underserved populations,
159.2identifies child and family risk factors, particularly those that impact children's
learning
159.3and development, and assesses family and parenting education needs in the community;
159.4 (7) programming and services that are tailored to the needs of families and parents
159.5prioritized in the community needs assessment; and
159.6 (8) information about and, if needed, assist in making arrangements for an early
159.7childhood health and developmental screening under sections
121A.16 and
121A.17,
159.8when the child nears the third birthday.
159.9Early childhood family education programs should prioritize programming and
159.10services for families and parents identified in the community needs assessment, particularly
159.11those families and parents with children with the most risk factors birth to age three.
159.12Early childhood family education programs are encouraged to provide parents of
159.13English learners with translated oral and written information to monitor the program's
159.14impact on their children's English language development, to know whether their children
159.15are progressing in developing their English and native language proficiency, and to
159.16actively engage with and support their children in developing their English and native
159.17language proficiency.
159.18 The programs must include learning experiences for children, parents, and other
159.19relatives that promote children's early literacy and, where practicable, their native
language
159.20skills and activities for children that require substantial involvement of the children's
159.21parents or other relatives. The program may provide parenting education programming
or
159.22services to anyone identified in the community needs assessment. Providers must review
159.23the program periodically to assure the instruction and materials are not racially,
culturally,
159.24or sexually biased. The programs must encourage parents to be aware of practices that
159.25may affect equitable development of children.
159.26 (b) For the purposes of this section, "relative" or "relatives" means noncustodial
159.27grandparents or other persons related to a child by blood, marriage, adoption, or
foster
159.28placement, excluding parents.
159.29 Subd. 3.
Substantial parental involvement. The requirement of substantial
159.30parental or other relative involvement in subdivision 2 means that:
159.31(a) parents or other relatives must be physically present much of the time in classes
159.32with their children or be in concurrent classes;
159.33(b) parenting education or family education must be an integral part of every early
159.34childhood family education program;
159.35(c) early childhood family education appropriations must not be used for traditional
159.36day care or nursery school, or similar programs; and
160.1(d) the form of parent involvement common to kindergarten, elementary school, or
160.2early childhood special education programs such as parent conferences, newsletters,
and
160.3notes to parents do not qualify a program under subdivision 2.
160.4 Subd. 4.
Home visiting program. (a) A district that levies for home visiting under
160.5section
124D.135, subdivision 6, shall use this revenue to include as part of the early
160.6childhood family education programs a parent education component that is designed
to
160.7reach isolated or at-risk families.
160.8The home visiting program must:
160.9(1) incorporate evidence-informed parenting education practices designed to support
160.10the healthy growth and development of children, with a priority focus on
reaching those
160.11children who have high needs
at as early an age as possible;
160.12(2) establish clear objectives and protocols for home visits;
160.13(3) encourage families to make a transition from home visits to site-based parenting
160.14programs;
160.15(4) provide program services that are community-based, accessible, and culturally
160.16relevant;
160.17(5) foster collaboration among existing agencies and community-based organizations
160.18that serve young children and their families, such as public health evidence-based
models
160.19of home visiting and Head Start home visiting; and
160.20(6) provide information about and assist in making arrangements for an early
160.21childhood health and developmental screening when the child nears his or her third
birthday.
160.22The home visiting program should be provided by licensed parenting educators,
160.23certified family life educators, or professionals with an equivalent license that
reflect the
160.24demographic composition of the community to the extent possible.
160.25(b) A home visiting program must include information focused on early brain
160.26development, including but not limited to brain development at different life stages,
160.27expectations of cognitive functions at different life stages, suggested activities
to
160.28encourage healthy brain development, and suggested activities to discourage negative
160.29brain development based on a child's surroundings.
160.30 Subd. 5.
Separate accounts. The A district
operating an early childhood family
160.31education program independent of an early learning program under section 124D.1295
160.32must maintain a separate account within the community education fund for money for
160.33early childhood family education programs.
160.34 Subd. 6.
Participants' fees. A district must establish a reasonable sliding fee scale
160.35but it shall waive the fee for a participant unable to pay.
161.1 Subd. 7.
Additional funding. A district may receive funds from any governmental
161.2agency or private source.
161.3 Subd. 8.
Coordination. (a) A district must describe strategies to coordinate and
161.4maximize public and private community resources and reduce duplication of services.
161.5(b) A district is encouraged to coordinate adult basic education programs provided
to
161.6parents and early childhood family education programs provided to children to accomplish
161.7the goals of section
124D.895.
161.8 Subd. 9.
District advisory councils. The board must appoint an advisory council
161.9from the area in which the program is provided. A majority of the council must be
parents
161.10participating in the program, who represent the demographics of the community. The
161.11district must ensure, to the extent possible, that the council includes representation
of
161.12families who are racially, culturally, linguistically, and economically diverse. The
council
161.13must assist the board in developing, planning, and monitoring the early childhood
family
161.14education program
and the early learning program under section 124D.1295. The council
161.15must report to the board and the community education advisory council.
161.16 Subd. 10.
Alternative council. A board may direct the community education
161.17council, required according to section
124D.19, subdivision 2, to perform the functions of
161.18the Advisory Council for Early Childhood Family Education.
161.19 Subd. 11.
Teachers. A school board must employ necessary licensed teachers for its
161.20early childhood family education programs. The Board of Teaching, at its discretion,
may
161.21grant an applicant a variance under this subdivision, consistent with sections
122A.09,
161.22subdivision 10
, and
122A.25, and Board of Teaching rules.
161.23 Subd. 12.
Assistance. The department must provide assistance to districts with
161.24programs described in this section. The department must establish guidelines that
list
161.25barriers to learning and development affecting children served by early childhood
family
161.26education programs.
161.27 Subd. 13.
Program data submission requirements. Districts receiving early
161.28childhood family education revenue under section
124D.135 must submit annual program
161.29data, including data that demonstrates the program response to the community needs
161.30assessment, to the department by July 15 in the form and manner prescribed by the
161.31commissioner.
161.32 Subd. 14.
Supervision. A program provided by a board must be supervised by a
161.33licensed early childhood teacher or a licensed parent educator.
161.34 Subd. 15.
Parenting education transition program. To the extent that funds are
161.35sufficient, early childhood family education may provide parenting education transition
161.36programming for parents of children birth to grade three in districts in which there
is a
162.1prekindergarten-grade three initiative in order to facilitate continued parent engagement
162.2in children's learning and development. Early childhood family education programs
are
162.3encouraged to develop partnerships to provide a parenting education liaison to providers
162.4of other public and nonpublic early learning programs, such as Head Start, school
162.5readiness, child care, early childhood special education, local public health programs,
162.6and health care providers.
162.7EFFECTIVE DATE.This section is effective July 1, 2015.
162.8 Sec. 6. Minnesota Statutes 2014, section 124D.135, is amended to read:
162.9124D.135 EARLY CHILDHOOD FAMILY EDUCATION (ECFE) REVENUE.
162.10 Subdivision 1.
Revenue. The revenue for early childhood family education
162.11programs for a school district equals
$120 for fiscal year 2014 and the formula allowance
162.12for the year times 0.023
for fiscal year 2015 and later, times the greater of:
162.13 (1) 150; or
162.14 (2) the number of people under five years of age residing in the district on October
1
162.15of the previous school year.
162.16 Subd. 2.
Population. For the purposes of subdivision 1, data reported to the
162.17department may be used to determine the number of people under five years of age
162.18residing in the district. The commissioner, with the assistance of the state demographer,
162.19shall review the number reported by any district operating an early childhood family
162.20education program. If requested, the district shall submit to the commissioner an
162.21explanation of its methods and other information necessary to document accuracy. If
the
162.22commissioner determines that the district has not provided sufficient documentation
of
162.23accuracy, the commissioner may request the state demographer to prepare an estimate
of
162.24the number of people under five years of age residing in the district and may use
this
162.25estimate for the purposes of subdivision 1.
162.26 Subd. 3.
Early childhood family education levy. By September 30 of each year,
162.27the commissioner shall establish a tax rate for early childhood family education revenue
162.28that raises $22,135,000 in each fiscal year. If the amount of the early childhood
family
162.29education levy would exceed the early childhood family education revenue, the early
162.30childhood family education levy must equal the early childhood family education revenue.
162.31A district may not certify an early childhood family education levy unless it has
met the
162.32annual program data reporting requirements under section
124D.13, subdivision 13.
162.33 Subd. 4.
Early childhood family education aid. If a district complies with the
162.34provisions of section
124D.13, it must receive early childhood family education aid equal
163.1to the difference between the early childhood family education revenue and the early
163.2childhood family education levy. If the district does not levy the entire amount permitted,
163.3the early childhood family education aid must be reduced in proportion to the actual
163.4amount levied.
163.5 Subd. 5.
Use of revenue restricted. (a) Early childhood family education revenue
163.6may be used only for
early learning programs, including early childhood family education
163.7programs.
163.8 (b) Not more than five percent of early childhood family education revenue, as defined
163.9in subdivision 7, may be used to administer early childhood family education programs.
163.10 (c) An early childhood family education program may use up to ten percent of its
163.11early childhood family education revenue as defined in subdivision 1, including revenue
163.12from participant fees, for equipment that is used in the early childhood family education
163.13program. This revenue may only be used for the following purposes:
163.14 (1) to purchase or lease computers and related materials; and
163.15 (2) to purchase or lease equipment for instruction for participating children and
163.16their families.
163.17 If a district anticipates an unusual circumstance requiring its early childhood family
163.18education program capital expenditures to exceed the ten percent limitation, prior
approval
163.19to exceed the limit must be obtained in writing from the commissioner.
163.20 Subd. 6.
Home visiting levy. A district that is eligible to levy for early childhood
163.21family education under subdivision 3 and that enters into a collaborative agreement
to
163.22provide education services and social services to families with young children may
levy
163.23an amount equal to $1.60 times the number of people under five years of age residing
in
163.24the district on September 1 of the last school year. Levy revenue under this subdivision
163.25must not be included as revenue under subdivision 1. The revenue must be used for
home
163.26visiting programs under section
124D.13, subdivision 4.
163.27 Subd. 7.
Reserve account. Early childhood family education revenue, which
163.28includes aids, levies, fees, grants, and all other revenues received by the district
for early
163.29childhood family education programs, must be maintained in
either an early learning
163.30program reserve account or a
separate early childhood family education reserve account
163.31within the community service fund.
163.32EFFECTIVE DATE.This section is effective July 1, 2015.
163.33 Sec. 7. Minnesota Statutes 2014, section 124D.16, is amended to read:
163.34124D.16 SCHOOL READINESS AID.
164.1 Subd. 2.
Amount of aid. (a) A district is eligible to receive school readiness aid
164.2for eligible prekindergarten pupils enrolled in a school readiness program under section
164.3124D.15
if the biennial plan required by section
124D.15, subdivision 3a, has been
164.4approved by the commissioner.
164.5(b) A district must receive school readiness aid equal to:
164.6(1) the number of four-year-old children in the district on October 1 for the previous
164.7school year times the ratio of 50 percent of the total school readiness aid for that
year to
164.8the total number of four-year-old children reported to the commissioner for the previous
164.9school year; plus
164.10(2) the number of pupils enrolled in the school district from families eligible for
the
164.11free or reduced school lunch program for the previous school year times the ratio
of
164.1250 percent of the total school readiness aid for that year to the total number of
pupils
164.13in the state from families eligible for the free or reduced school lunch program for
the
164.14previous school year.
164.15(c) For fiscal year
2015 2016 and later, the total school readiness aid entitlement
164.16equals
$12,170,000 $17,170,000.
164.17 Subd. 3.
Use of aid. School readiness aid shall be used only to provide a school
164.18readiness program
or an early learning program and may be used to provide transportation.
164.19Not more than five percent of program revenue, as defined in subdivision 5, may be
used
164.20for the cost of administering the program. Aid must be used to supplement and not
supplant
164.21local, state, and federal funding. Aid may not be used for instruction and services
required
164.22under sections
125A.03 to
125A.24 and
125A.65. Aid may not be used to purchase land
164.23or construct buildings, but may be used to lease or renovate existing buildings.
164.24 Subd. 5.
Reserve account. School readiness revenue, which includes aids, fees,
164.25grants, and all other revenues received by the district school readiness programs,
must
164.26be maintained in
either an early learning program reserve account or a
separate school
164.27readiness reserve account within the community service fund.
164.28EFFECTIVE DATE.This section is effective July 1, 2015.
164.29 Sec. 8. Minnesota Statutes 2014, section 124D.165, is amended to read:
164.30124D.165 EARLY LEARNING SCHOLARSHIPS.
164.31 Subdivision 1.
Establishment; purpose. There is established
within the Office of
164.32Early Learning an early learning scholarships program
in order to increase access to
164.33high-quality early childhood programs for children ages three to five.
165.1 Subd. 2.
Family eligibility. (a) For a family to receive an early learning scholarship,
165.2parents or guardians must meet the following eligibility requirements:
165.3(1) have a child three or four years of age on September 1 of the current school year,
165.4who has not yet started kindergarten; and
165.5(2) have income equal to or less than 185 percent of federal poverty level income
165.6in the current calendar year, or be able to document their child's current participation
in
165.7the free and reduced-price lunch program or child and adult care food program, National
165.8School Lunch Act, United States Code, title 42, sections 1751 and 1766; the Food
165.9Distribution Program on Indian Reservations, Food and Nutrition Act, United States
165.10Code, title 7, sections 2011-2036; Head Start under the federal Improving Head Start
for
165.11School Readiness Act of 2007; Minnesota family investment program under chapter 256J;
165.12child care assistance programs under chapter 119B; the supplemental nutrition assistance
165.13program; or placement in foster care under section
260C.212.
165.14(b) Notwithstanding the other provisions of this section, a parent under age 21 who
165.15is pursuing a high school or general education equivalency diploma
or postsecondary
165.16training or education is eligible for an early learning scholarship if the parent has a child
165.17age zero to five years old and meets the income eligibility guidelines in this subdivision.
165.18(c) Any siblings between the ages zero to five years old of a child who has been
165.19awarded a scholarship under this section must be awarded a scholarship upon request,
165.20provided the sibling attends the same program as long as funds are available.
165.21(d) Beginning September 1, 2015, any child under the age of five years old on
165.22September 1 of the current school year who has not started kindergarten and is a recipient
165.23of an early learning scholarship funded under the federal Race to the Top - Early
Learning
165.24Challenge Grant must receive a scholarship under this section at the end of the child's
Race
165.25to the Top - Early Learning Challenge Grant scholarship as long as funds are available.
165.26(d) (e) A child who has received a scholarship under this section must continue to
165.27receive a scholarship each year until that child is eligible for kindergarten under
section
165.28120A.20
and as long as funds are available.
165.29(e) (f) Early learning scholarships may not be counted as earned income for the
165.30purposes of medical assistance under chapter 256B, MinnesotaCare under chapter 256L,
165.31Minnesota family investment program under chapter 256J, child care assistance programs
165.32under chapter 119B, or Head Start under the federal Improving Head Start for School
165.33Readiness Act of 2007.
165.34(g) A child from an adjoining state whose family resides at a Minnesota address as
165.35assigned by the United States Postal Service, who has received developmental screening
165.36under sections 121A.16 to 121A.19, who intends to enroll in a Minnesota school district,
166.1and whose family meets the criteria of paragraph (a) is eligible for an early learning
166.2scholarship under this section.
166.3(h) County human services agencies working with families eligible for the basic
166.4sliding fee child care program under chapter 119B, including the families on the basic
166.5sliding fee waiting list, annually may notify these families by mail about the eligibility
166.6criteria and the application process for receiving an early learning scholarship under
166.7this section.
166.8 Subd. 3.
Administration. (a) The
commissioner director of the Office of Early
166.9Learning shall establish application timelines and determine the schedule for awarding
166.10scholarships that meets operational needs of eligible families and programs.
166.11(b) The
commissioner director may prioritize applications on factors including
:
166.12(1) family income
,;
166.13(2) geographic location
,; and
166.14(3) whether the
child's family child:
166.15(i) is
in foster care;
166.16(ii) is experiencing homelessness;
166.17(iii) is on a waiting list for a publicly funded program providing early education
166.18or child care services
.; or
166.19(iv) has a parent under age 21 who is pursuing a high school or postsecondary
166.20training or education.
166.21(b) (c) For fiscal years 2014 and 2015 only, scholarships may not exceed $5,000
166.22per year for each eligible child. For fiscal year 2016 and later, the
commissioner director
166.23shall establish a target for the average scholarship amount per child based on the
results
166.24of the rate survey conducted under section 119B.02
., not to exceed the statewide general
166.25education revenue per pupil in adjusted average daily membership. The director may
166.26increase by up to 15 percent the scholarship amount for children enrolled in a three-star
166.27Parent Aware-rated program and may increase by up to 20 percent the scholarship amount
166.28for children enrolled in a four-star Parent Aware-rated program so long as any increase
166.29added to the average scholarship amount does not exceed the actual program rate or
tuition.
166.30(c) (d) A four-star rated program that has children eligible for a scholarship enrolled
166.31in or on a waiting list for a program beginning in July, August, or September may
notify
166.32the
commissioner director, in the form and manner prescribed by the
commissioner
166.33director, each year of the program's desire
to enhance program services or to serve more
166.34children than current funding provides. The
commissioner director may designate a
166.35predetermined number of scholarship slots for that program and notify the program
of
166.36that number. Beginning July 1, 2016, a school district or Head Start program qualifying
167.1under this paragraph
, a licensed child care center, or a family child care provider
167.2may use its established registration process to enroll scholarship recipients and
may
167.3verify a scholarship recipient's family income in the same manner as for other program
167.4participants.
Scholarships awarded under this paragraph must be paid to the eligible
167.5program provider designated by the award recipient, and must be transferred to another
167.6eligible program provider at the recipient's request.
167.7(d) (e) A scholarship is awarded for a 12-month period. If the scholarship recipient
167.8has not been accepted and subsequently enrolled in a rated program within ten months
of
167.9the awarding of the scholarship, the scholarship cancels and the recipient must reapply
in
167.10order to be eligible for another scholarship. A child may not be awarded more than
one
167.11scholarship in a 12-month period.
167.12(e) (f) A child who receives a scholarship who has not completed development
167.13screening under sections
121A.16 to
121A.19 must complete that screening within 90
167.14days of first attending an eligible program.
167.15(f) (g) For fiscal year
2017 2016 and later,
a school district or Head Start program
167.16enrolling scholarship recipients under paragraph (c) may apply to the commissioner,
in
167.17the form and manner prescribed by the commissioner, for direct payment of state aid.
167.18Upon receipt of the application, the commissioner must pay each program directly for
167.19each approved scholarship recipient enrolled under paragraph (c) according to the
metered
167.20payment system or another schedule established by the commissioner. the total amount of
167.21funding directly allocated to a program under paragraph (d) must not exceed the amount
167.22directly awarded to those programs in fiscal year 2015.
167.23 Subd. 4.
Early childhood program eligibility. (a)
In order To be eligible to accept
167.24an early learning scholarship, a program must:
167.25(1) participate in the quality rating and improvement system under section
167.26124D.142
; and
167.27(2) beginning July 1,
2016 2020, have a three- or four-star rating in the quality rating
167.28and improvement system
or be a program the director determines is eligible based on an
167.29evidence-based program evaluation or program review.
167.30(b) Any program accepting scholarships must use the revenue to supplement and not
167.31supplant federal funding.
167.32(c) (b) Notwithstanding paragraph (a), all Minnesota early learning foundation
167.33scholarship program pilot sites are eligible to accept an early learning scholarship
under
167.34this section.
167.35(c) A provider is not eligible to participate in the scholarship program under this
167.36section if:
168.1(1) the provider has been disqualified from receiving payment for child care services
168.2from the child care assistance program under chapter 119B due to wrongfully obtaining
168.3child care assistance under section 256.98, subdivision 8, paragraph (c);
168.4(2) the program or individual is currently on the national disqualified list for the
168.5Child and Adult Care Food Program; or
168.6(3) the program or provider has been convicted of any activity that occurred during
168.7the past seven years indicating a lack of business integrity, including fraud, making
false
168.8statements, receiving stolen property, making false claims, or obstruction of justice.
168.9 Subd. 4a. Record-keeping requirements. A program participating under this
168.10section must maintain and, at the director's request, make available to the director
the
168.11attendance records and records of charges and payments for all children participating
in
168.12this program, including payments from sources other than this program.
168.13 Subd. 5.
Report required. The
commissioner director shall contract with an
168.14independent contractor to evaluate the early learning scholarship program. The evaluation
168.15must include recommendations regarding the appropriate scholarship amount, efficiency,
168.16and effectiveness of the administration, and impact on kindergarten readiness. By
January
168.1715, 2016, the
commissioner director shall submit a written copy of the evaluation to the
168.18chairs and ranking minority members of the legislative committees and divisions with
168.19primary jurisdiction over kindergarten through grade 12 education.
168.20 Subd. 6. Use of funds. (a) Scholarships must be used to supplement and not
168.21supplant federal funding.
168.22(b) A scholarship must be used in a program the child regularly attends to ensure
168.23the child's access to the general curriculum of the program, consistent with the program
168.24schedule.
168.25EFFECTIVE DATE.This section is effective for fiscal year 2016 and later.
168.26 Sec. 9. Minnesota Statutes 2014, section 125A.03, is amended to read:
168.27125A.03 SPECIAL INSTRUCTION FOR CHILDREN WITH A DISABILITY.
168.28(a) As defined in paragraph (b), every district must provide special instruction and
168.29services, either within the district or in another district, for all children with
a disability,
168.30including providing required services under Code of Federal Regulations, title 34,
section
168.31300.121, paragraph (d), to those children suspended or expelled from school for more
than
168.32ten school days in that school year, who are residents of the district and who are
disabled
168.33as set forth in section
125A.02. For purposes of state and federal special education laws,
168.34the phrase "special instruction and services" in the state Education Code means a
free
169.1and appropriate public education provided to an eligible child with disabilities.
"Free
169.2appropriate public education" means special education and related services that:
169.3(1) are provided at public expense, under public supervision and direction, and
169.4without charge;
169.5(2) meet the standards of the state, including the requirements of the Individuals
169.6with Disabilities Education Act, Part B or C;
169.7(3) include an appropriate preschool, elementary school, or secondary school
169.8education; and
169.9(4) are provided to children ages three through 21 in conformity with an
169.10individualized education program that meets the requirements of the Individuals with
169.11Disabilities Education Act, subpart A, sections 300.320 to 300.324, and provided to
169.12infants and toddlers in conformity with an individualized family service plan that
meets
169.13the requirements of the Individuals with Disabilities Education Act, subpart A, sections
169.14303.300 to 303.346.
169.15(b) Notwithstanding any age limits in laws to the contrary, special instruction and
169.16services must be provided from birth until July 1 after the child with a disability
becomes
169.1721 years old but shall not extend beyond secondary school or its equivalent, except
as
169.18provided in section
124D.68, subdivision 2. Local health, education, and social service
169.19agencies must refer children under age five who are known to need or suspected of
169.20needing special instruction and services to the school district. Districts with less
than the
169.21minimum number of eligible children with a disability as determined by the commissioner
169.22must cooperate with other districts to maintain a full range of programs for education
169.23and services for children with a disability. This section does not alter the compulsory
169.24attendance requirements of section
120A.22.
169.25(c) At the board's discretion, a school district that participates in a reciprocity
169.26agreement with a neighboring state under section 124D.041 may enroll and provide
169.27special instruction and services to a child from an adjoining state whose family resides
169.28at a Minnesota address as assigned by the United States Postal Service if the district
has
169.29completed child identification procedures for that child to determine the child's
eligibility
169.30for special education services, and the child has received developmental screening
under
169.31sections 121A.16 to 121A.19.
169.32EFFECTIVE DATE.This section is effective July 1, 2015.
169.33 Sec. 10.
APPROPRIATIONS.
170.1 Subdivision 1. Department of Education. The sums indicated in this section are
170.2appropriated from the general fund to the Department of Education for the fiscal years
170.3designated.
170.4 Subd. 2. School readiness. For revenue for school readiness programs under
170.5Minnesota Statutes, sections 124D.15 and 124D.16:
170.6
|
|
$
|
16,670,000
|
.....
|
2016
|
170.7
|
|
$
|
17,170,000
|
.....
|
2017
|
170.8The 2016 appropriation includes $1,217,000 for 2015 and $15,453,000 for 2016.
170.9The 2017 appropriation includes $1,717,000 for 2016 and $15,453,000 for 2017.
170.10 Subd. 3. Early childhood family education aid. For early childhood family
170.11education aid under Minnesota Statutes, section 124D.135:
170.12
|
|
$
|
27,698,000
|
.....
|
2016
|
170.13
|
|
$
|
28,346,000
|
.....
|
2017
|
170.14The 2016 appropriation includes $2,713,000 for 2015 and $24,985,000 for 2016.
170.15The 2017 appropriation includes $2,776,000 for 2016 and $25,570,000 for 2017.
170.16 Subd. 4. Developmental screening aid. For developmental screening aid under
170.17Minnesota Statutes, sections 121A.17 and 121A.19:
170.18
|
|
$
|
3,363,000
|
.....
|
2016
|
170.19
|
|
$
|
3,369,000
|
.....
|
2017
|
170.20The 2016 appropriation includes $338,000 for 2015 and $3,025,000 for 2016.
170.21The 2017 appropriation includes $336,000 for 2016 and $3,033,000 for 2017.
170.22 Subd. 5. Head Start program. (a) For Head Start programs under Minnesota
170.23Statutes, section 119A.52:
170.24
|
|
$
|
20,100,000
|
.....
|
2016
|
170.25
|
|
$
|
20,100,000
|
.....
|
2017
|
170.26(b) Head Start programs must use the funds under this subdivision to increase the
170.27number of eligible children served beyond the number of eligible children served under
170.28federal funds.
170.29(c) No Head Start programs providing compensation or other employment benefits
170.30that exceed established federal limits may receive funding under this subdivision.
170.31 Subd. 6. Educate parents partnership. For the educate parents partnership under
170.32Minnesota Statutes, section 124D.129:
171.1
|
|
$
|
49,000
|
.....
|
2016
|
171.2
|
|
$
|
49,000
|
.....
|
2017
|
171.3 Subd. 7. Kindergarten entrance assessment initiative and intervention
171.4program. For the kindergarten entrance assessment initiative and intervention program
171.5under Minnesota Statutes, section 124D.162:
171.6
|
|
$
|
281,000
|
.....
|
2016
|
171.7
|
|
$
|
281,000
|
.....
|
2017
|
171.8 Subd. 8. Early learning scholarships. For the early learning scholarship program
171.9under Minnesota Statutes, section 124D.165:
171.10
|
|
$
|
37,884,000
|
.....
|
2016
|
171.11
|
|
$
|
47,884,000
|
.....
|
2017
|
171.12Up to $950,000 each year is for administration of this program.
171.13Any balance in the first year does not cancel but is available in the second year.
171.14 Subd. 9. Parent-child home program. For a grant to the parent-child home
171.15program:
171.16
|
|
$
|
350,000
|
.....
|
2016
|
171.17
|
|
$
|
350,000
|
.....
|
2017
|
171.18 The grant must be used for an evidence-based and research-validated early childhood
171.19literacy and school readiness program for children ages 16 months to four years at
its
171.20existing suburban program location. The program must include urban and rural program
171.21locations for fiscal years 2016 and 2017.
171.22 Subd. 10. Northside Achievement Zone. For a grant to the Northside Achievement
171.23Zone:
171.24
|
|
$
|
200,000
|
.....
|
2016
|
171.25
|
|
$
|
200,000
|
.....
|
2017
|
171.26Funds appropriated in this section are to reduce multigenerational poverty and the
171.27educational achievement gap through increased enrollment of families within the zone,
171.28and may be used for Northside Achievement Zone programming and services consistent
171.29with federal Promise Neighborhood program agreements and requirements.
171.30 Subd. 11. St. Paul Promise Neighborhood. For a grant to the St. Paul Promise
171.31Neighborhood:
171.32
|
|
$
|
200,000
|
.....
|
2016
|
171.33
|
|
$
|
200,000
|
.....
|
2017
|
172.1Funds appropriated in this section are to reduce multigenerational poverty and the
172.2educational achievement gap through increased enrollment of families within the zone,
172.3and may be used for St. Paul Promise Neighborhood programming and services consistent
172.4with federal Promise Neighborhood program agreements and requirements.
172.5 Subd. 12. Quality Rating System. For transfer to the commissioner of human
172.6services for the purposes of expanding the Quality Rating and Improvement System under
172.7Minnesota Statutes, section 124D.142, in greater Minnesota and increasing supports
for
172.8providers participating in the Quality Rating and Improvement System:
172.9
|
|
$
|
1,200,000
|
.....
|
2016
|
172.10
|
|
$
|
2,300,000
|
.....
|
2017
|
172.11Any balance in the first year does not cancel but is available in the second year.
172.14 Section 1.
APPROPRIATION.
172.15 Subdivision 1. Department of Education. The sums indicated in this section are
172.16appropriated from the general fund to the Department of Education for the fiscal years
172.17designated.
172.18 Subd. 2. Community education aid. For community education aid under
172.19Minnesota Statutes, section 124D.20:
172.20
|
|
$
|
788,000
|
.....
|
2016
|
172.21
|
|
$
|
554,000
|
.....
|
2017
|
172.22The 2016 appropriation includes $107,000 for 2015 and $681,000 for 2016.
172.23The 2017 appropriation includes $75,000 for 2016 and $479,000 for 2017.
172.24 Subd. 3. Adults with disabilities program aid. For adults with disabilities
172.25programs under Minnesota Statutes, section 124D.56:
172.26
|
|
$
|
710,000
|
.....
|
2016
|
172.27
|
|
$
|
710,000
|
.....
|
2017
|
172.28The 2016 appropriation includes $71,000 for 2015 and $639,000 for 2016.
172.29The 2017 appropriation includes $71,000 for 2016 and $639,000 for 2017.
172.30 Subd. 4. Hearing-impaired adults. For programs for hearing-impaired adults
172.31under Minnesota Statutes, section 124D.57:
173.1
|
|
$
|
70,000
|
.....
|
2016
|
173.2
|
|
$
|
70,000
|
.....
|
2017
|
173.3 Subd. 5. School-age care revenue. For extended day aid under Minnesota Statutes,
173.4section 124D.22:
173.5
|
|
$
|
1,000
|
.....
|
2016
|
173.6
|
|
$
|
1,000
|
.....
|
2017
|
173.7The 2016 appropriation includes $0 for 2015 and $1,000 for 2016.
173.8The 2017 appropriation includes $0 for 2016 and $1,000 for 2017.
173.10SELF-SUFFICIENCY AND LIFELONG LEARNING
173.11 Section 1. Minnesota Statutes 2014, section 124D.531, subdivision 1, is amended to
173.12read:
173.13 Subdivision 1.
State total adult basic education aid. (a) The state total adult basic
173.14education aid for fiscal year 2011 equals $44,419,000, plus any amount that is not
paid
173.15during the previous fiscal year as a result of adjustments under subdivision 4, paragraph
173.16(a), or section
124D.52, subdivision 3. The state total adult basic education aid for later
173.17fiscal years equals:
173.18 (1) the state total adult basic education aid for the preceding fiscal year plus any
173.19amount that is not paid for during the previous fiscal year, as a result of adjustments
under
173.20subdivision 4, paragraph (a), or section
124D.52, subdivision 3; times
173.21 (2) the lesser of:
173.22 (i)
1.03 1.005; or
173.23 (ii) the average growth in state total contact hours over the prior ten program years.
173.24 Three percent of the state total adult basic education aid must be set aside for adult
173.25basic education supplemental service grants under section
124D.522.
173.26 (b) The state total adult basic education aid, excluding basic population aid, equals
173.27the difference between the amount computed in paragraph (a), and the state total basic
173.28population aid under subdivision 2.
173.29EFFECTIVE DATE.This section is effective for fiscal year 2016 and later.
173.30 Sec. 2. Minnesota Statutes 2014, section 124D.531, subdivision 2, is amended to read:
173.31 Subd. 2.
Basic population aid. (a) A district is eligible for basic population aid if
173.32the district has a basic service level approved by the commissioner under section
124D.52,
173.33subdivision 5
, or is a member of a consortium with an approved basic service level. Basic
174.1population aid is equal to the greater of $3,844 or $1.73 times the population of
the district.
174.2District population is determined according to section
275.14.
174.3(b) The basic population aid for approved community-based providers of an adult
174.4basic education program without a specific defined district population equals $1.73
times
174.5the number of students participating in the program during the previous calendar year.
174.6EFFECTIVE DATE.This section is effective for revenue for fiscal year 2016
174.7and later.
174.8 Sec. 3. Minnesota Statutes 2014, section 124D.531, subdivision 3, is amended to read:
174.9 Subd. 3.
Program revenue. Adult basic education programs established under
174.10section
124D.52 and approved by the commissioner are eligible for revenue under this
174.11subdivision.
For fiscal year 2001 and later, Adult basic education revenue for each
174.12approved program equals the sum of:
174.13(1) the basic population aid under subdivision 2 for districts participating in the
174.14program during the current program year;
plus
174.15(2) 84 percent times the amount computed in subdivision 1, paragraph (b), times the
174.16ratio of the contact hours for students participating in the program during the first
prior
174.17program year to the state total contact hours during the first prior program year;
plus
174.18(3) eight percent times the amount computed in subdivision 1, paragraph (b), times
174.19the ratio of the enrollment of English learners during the second prior school year
in
174.20districts participating in the program during the current program year to the state
total
174.21enrollment of English learners during the second prior school year in districts participating
174.22in adult basic education programs during the current program year;
plus
174.23(4) eight percent times the amount computed in subdivision 1, paragraph (b), times
174.24the ratio of the latest federal census count of the number of adults aged 25 or older
with no
174.25diploma residing in the districts participating in the program during the current
program
174.26year to the latest federal census count of the state total number of adults aged 25
or older
174.27with no diploma residing in the districts participating in adult basic education programs
174.28during the current program year
; and
174.29(5) for an approved community-based provider of an adult basic education program
174.30without district characteristics necessary to calculate revenue under clauses (3)
and (4),
174.31the average revenue per participant for programs receiving revenue under those clauses
174.32for the previous year, times the program's participants for the previous year.
174.33EFFECTIVE DATE.This section is effective for revenue for fiscal year 2016
174.34and later.
175.1 Sec. 4.
APPROPRIATIONS.
175.2 Subdivision 1. Department of Education. The sums indicated in this section are
175.3appropriated from the general fund to the Department of Education for the fiscal years
175.4designated.
175.5 Subd. 2. Adult basic education aid. For adult basic education aid under Minnesota
175.6Statutes, section 124D.531:
175.7
|
|
$
|
48,036,000
|
.....
|
2016
|
175.8
|
|
$
|
48,276,000
|
.....
|
2017
|
175.9The 2016 appropriation includes $4,782,000 for 2015 and $43,254,000 for 2016.
175.10The 2017 appropriation includes $4,806,000 for 2016 and $43,470,000 for 2017.
175.11 Subd. 3. GED tests. For payment of 60 percent of the costs of GED tests under
175.12Minnesota Statutes, section 124D.55:
175.13
|
|
$
|
125,000
|
.....
|
2016
|
175.14
|
|
$
|
125,000
|
.....
|
2017
|
175.17 Section 1.
[119A.035] SCHOOL CRISIS RESPONSE TEAMS.
175.18 Subdivision 1. Commissioner's duties. To ensure timely responses to school crises,
175.19the commissioner must work in cooperation with the Minnesota School Safety Center
to
175.20collect, maintain, and make available to schools contact information for crisis response
175.21teams throughout the state.
175.22 Subd. 2. Crisis response teams. In regions of Minnesota where an existing crisis
175.23response team has not been formed by a school district, county, or city, the commissioner,
175.24in cooperation with the Minnesota School Safety Center, must convene a working group
175.25in each region to develop a plan to form a crisis response team for that region. Team
175.26members from the public and private sectors may represent various disciplines, including
175.27school administrators, guidance counselors, psychologists, social workers, teachers,
175.28nurses, security experts, media relations professionals, and other related areas.
175.29 Sec. 2. Minnesota Statutes 2014, section 122A.14, subdivision 9, is amended to read:
175.30 Subd. 9.
Fee. Each person licensed by the Board of School Administrators shall pay
175.31the board a fee of $75, collected each fiscal year. When transmitting notice of the
license
175.32fee, the board also must notify the licensee of the penalty for failing to pay the
fee within
175.33the time specified by the board. The board may provide a lower fee for persons on
retired
176.1or inactive status. After receiving notice from the board, any licensed school administrator
176.2who does not pay the fee in the given fiscal year shall have all administrative licenses
held
176.3by the person automatically suspended, without the right to a hearing, until the fee
has been
176.4paid to the board. If the board suspends a licensed school administrator for failing
to pay
176.5the fee, it must immediately notify the district currently employing the school administrator
176.6of the school administrator's suspension. The executive secretary shall deposit the
fees in
176.7the
educator licensure account in the special revenue fund in the state treasury.
176.8 Sec. 3. Minnesota Statutes 2014, section 122A.18, subdivision 7c, is amended to read:
176.9 Subd. 7c.
Temporary military license. The Board of Teaching shall establish
176.10a temporary license in accordance with section
197.4552 for teaching. The fee for a
176.11temporary license under this subdivision shall be $87.90 for an online application
or
176.12$86.40 for a paper application.
Fee revenue must be deposited in the educator licensure
176.13account in the special revenue fund.
176.14 Sec. 4. Minnesota Statutes 2014, section 122A.18, subdivision 8, is amended to read:
176.15 Subd. 8.
Background checks. (a) The Board of Teaching and the commissioner
176.16of education must request a criminal history background check from the superintendent
176.17of the Bureau of Criminal Apprehension on all applicants for initial licenses under
their
176.18jurisdiction. An application for a license under this section must be accompanied
by:
176.19(1) an executed criminal history consent form, including fingerprints; and
176.20(2)
a money order or cashier's check payable to the Bureau of Criminal Apprehension
176.21for the fee for conducting payment to conduct the criminal history background check.
176.22Proceeds from this fee must be deposited in the educator licensure background check
176.23account in the special revenue fund.
176.24(b) The superintendent of the Bureau of Criminal Apprehension shall perform the
176.25background check required under paragraph (a) by retrieving criminal history data
as
176.26defined in section
13.87 and shall also conduct a search of the national criminal records
176.27repository. The superintendent is authorized to exchange fingerprints with the Federal
176.28Bureau of Investigation for purposes of the criminal history check. The superintendent
176.29shall recover the cost to the bureau of a background check through the fee charged
to
176.30the applicant under paragraph (a).
176.31(c) The Board of Teaching or the commissioner of education may issue a license
176.32pending completion of a background check under this subdivision, but must notify
176.33the individual that the individual's license may be revoked based on the result of
the
176.34background check.
177.1 Sec. 5.
[122A.185] SPECIAL REVENUE FUND ACCOUNTS; EDUCATOR
177.2LICENSURE AND BACKGROUND CHECKS.
177.3 Subdivision 1. Educator licensure account. An educator licensure account is
177.4created in the special revenue fund. Fees received by the Department of Education,
the
177.5Board of Teaching, or the Board of Administrators must be deposited in the educator
177.6licensure account. Any funds appropriated from this account that remain unexpended
at the
177.7end of the biennium cancel to the educator licensure account in the special revenue
fund.
177.8 Subd. 2. Background check account. An educator licensure background check
177.9account is created in the special revenue fund. Payments received by the Department
of
177.10Education, the Board of Teaching, or the Board of Administrators for the costs of
the
177.11background checks to be conducted by the Bureau of Criminal Apprehension must be
177.12deposited in the education licensure background check account. Amounts in the account
177.13are appropriated to the commissioner of education for payment to the superintendent
of
177.14the Bureau of Criminal Apprehension for the costs of background checks on applicants
177.15for licensure.
177.16 Sec. 6. Minnesota Statutes 2014, section 122A.21, subdivision 1, is amended to read:
177.17 Subdivision 1.
Licensure applications. Each application for the issuance, renewal,
177.18or extension of a license to teach, including applications for licensure via portfolio
under
177.19subdivision 2, must be accompanied by a processing fee of $57. Each application for
177.20issuing, renewing, or extending the license of a school administrator or supervisor
must
177.21be accompanied by a processing fee in the amount set by the Board of Teaching. The
177.22processing fee for a teacher's license and for the licenses of supervisory personnel
must be
177.23paid to the executive secretary of the appropriate board. The
executive secretary of the
177.24board shall deposit the fees
with the commissioner of management and budget must be
177.25deposited in the educator licensure account in the special revenue fund. The fees as set by
177.26the board are nonrefundable for applicants not qualifying for a license. However,
a fee
177.27must be refunded by the commissioner of management and budget in any case in which
177.28the applicant already holds a valid unexpired license. The board may waive or reduce
fees
177.29for applicants who apply at the same time for more than one license.
177.30 Sec. 7. Minnesota Statutes 2014, section 122A.21, subdivision 2, is amended to read:
177.31 Subd. 2.
Licensure via portfolio. (a) An eligible candidate may use licensure
177.32via portfolio to obtain an initial licensure or to add a licensure field, consistent
with the
177.33applicable Board of Teaching licensure rules.
178.1 (b) A candidate for initial licensure must submit to the Educator Licensing Division
178.2at the department one portfolio demonstrating pedagogical competence and one portfolio
178.3demonstrating content competence.
178.4 (c) A candidate seeking to add a licensure field must submit to the Educator
178.5Licensing Division at the department one portfolio demonstrating content competence.
178.6 (d) A candidate must pay to the executive secretary of the Board of Teaching a
178.7$300 fee for the first portfolio submitted for review and a $200 fee for any portfolio
178.8submitted subsequently. The fees must be paid to the executive secretary of the Board
of
178.9Teaching. The revenue generated from the fee must be deposited in an education licensure
178.10portfolio account in the special revenue fund. The fees set by the Board of Teaching are
178.11nonrefundable for applicants not qualifying for a license. The Board of Teaching may
178.12waive or reduce fees for candidates based on financial need.
178.13 Sec. 8.
TRANSFERS.
178.14 Subdivision 1. Portfolio account. On July 1, 2015, the commissioner of management
178.15and budget shall transfer any balances in the educator licensure portfolio account
in the
178.16special revenue fund to an educator licensure account in the special revenue fund.
178.17 Subd. 2. Background check. Any balance in an account that holds fees collected
178.18under Minnesota Statutes, section 122A.18, subdivision 8, is transferred to the education
178.19licensure background check account in the special revenue fund in Minnesota Statutes,
178.20122A.185, subdivision 2. On July 2, 2015, $80,000 is transferred from the education
178.21licensure background check account in the special revenue fund to the educator licensure
178.22account in the special revenue fund.
178.23 Sec. 9.
APPROPRIATIONS; DEPARTMENT OF EDUCATION.
178.24 Subdivision 1. Department of Education. Unless otherwise indicated, the sums
178.25indicated in this section are appropriated from the general fund to the Department
of
178.26Education for the fiscal years designated.
178.27 Subd. 2. Department. (a) For the Department of Education:
178.28
|
|
$
|
18,032,000
|
.....
|
2016
|
178.29
|
|
$
|
17,652,000
|
.....
|
2017
|
178.30(b) The fiscal year 2016 appropriation includes $17,142,000 from the general fund
178.31and $890,000 from the educator licensure account in the special revenue fund. The
fiscal
178.32year 2017 appropriation includes $16,867,000 from the general fund and $745,000 from
178.33the educator licensure account in the special revenue fund.
179.1(c) Of these amounts:
179.2(1) $260,000 each year is for the Minnesota Children's Museum;
179.3(2) $50,000 each year is for the Duluth Children's Museum;
179.4(3) $41,000 each year is for the Minnesota Academy of Science; and
179.5(4) $25,000 each year is for administration of the Innovative Education Pilot under
179.6Laws 2012, chapter 263, section 1.
179.7(d) Any balance in the first year does not cancel but is available in the second year.
179.8(e) None of the amounts appropriated under this subdivision may be used for
179.9Minnesota's Washington, D.C. office.
179.10(f) The expenditures of federal grants and aids as shown in the biennial budget
179.11document and its supplements are approved and appropriated and shall be spent as
179.12indicated.
179.13(g) This appropriation includes funds for information technology project services
and
179.14support subject to the provisions of Minnesota Statutes, section 16E.0466. Any ongoing
179.15information technology costs will be incorporated into the service level agreement
and
179.16will be paid to the Office of MN.IT Services by the Department of Education under
the
179.17rates and mechanism specified in that agreement.
179.18(h) $720,000 in fiscal year 2016 and $720,000 in fiscal year 2017 of the appropriation
179.19in paragraph (a) are from the educator licensure account in the special revenue fund
for the
179.20educator licensure division to support the Boards of Teaching and Administrators.
179.21(i) $50,000 in fiscal year 2016 of the appropriation in paragraph (a) is from the
179.22educator licensure account in the special revenue fund for IT-related costs associated
with
179.23rulemaking for out-of-state teacher candidates.
179.24(j) $120,000 in fiscal year 2016 and $25,000 in fiscal year 2017 in paragraph (a)
179.25are from the educator licensure account in the special revenue fund for IT-related
costs
179.26associated with establishing interstate teacher licensure agreements.
179.27(k) $23,000 each year is for collecting data on the number of deaths and
179.28hospitalizations for students who participate in travel abroad programs.
179.29(l) $58,000 each year is for the Board of School Administrators.
179.30 Sec. 10.
APPROPRIATIONS; BOARD OF TEACHING.
179.31(a) $618,000 in fiscal year 2016 and $618,000 in fiscal year 2017 are appropriated
179.32from the educator licensure account in the special revenue fund to the Board of Teaching.
179.33(b) $130,000 in fiscal year 2016 is appropriated from the educator licensure account
179.34in the special revenue fund for rulemaking related to additional teacher licensure
activities.
180.1(c) $25,000 in fiscal year 2016 and $25,000 in fiscal year 2017 are appropriated from
180.2the educator licensure account in the special revenue fund for travel and communications
180.3costs associated with establishing interstate teacher licensure agreements with adjoining
180.4states.
180.5 Sec. 11.
APPROPRIATIONS; BOARD OF SCHOOL ADMINISTRATORS.
180.6$167,000 in fiscal year 2016 and $167,000 in fiscal year 2017 are appropriated
180.7from the educator licensure account in the special revenue fund to the Board of School
180.8Administrators.
180.9 Sec. 12.
APPROPRIATIONS; MINNESOTA STATE ACADEMIES.
180.10(a) The sums indicated in this section are appropriated from the general fund to the
180.11Minnesota State Academies for the Deaf and the Blind for the fiscal years designated:
180.12
|
|
$
|
12,672,000
|
.....
|
2016
|
180.13
|
|
$
|
12,454,000
|
.....
|
2017
|
180.14(b) Of the amounts appropriated in paragraph (a), $708,000 in fiscal year 2016 and
180.15$490,000 in fiscal year 2017 are for technology enhancements and may be used for:
180.16(1) computer hardware; (2) computer software; (3) connectivity, communications, and
180.17infrastructure; (4) assistive technology; (5) access to electronic books and other
online
180.18materials, licenses, and subscriptions; and (6) technology staff and training costs.
180.19(c) Any balance in the first year does not cancel but is available in the second year.
180.20 (d) The base for 2018 and later is $11,964,000.
180.21 Sec. 13.
APPROPRIATIONS; PERPICH CENTER FOR ARTS EDUCATION.
180.22The sums in this section are appropriated from the general fund to the Perpich
180.23Center for Arts Education for the fiscal years designated:
180.24
|
|
$
|
6,773,000
|
.....
|
2016
|
180.25
|
|
$
|
6,773,000
|
.....
|
2017
|
180.26Any balance in the first year does not cancel but is available in the second year.
180.28FORECAST ADJUSTMENTS
180.29A. GENERAL EDUCATION
180.30 Section 1. Laws 2013, chapter 116, article 1, section 58, subdivision 2, as amended
180.31by Laws 2013, chapter 144, section 7, and Laws 2014, chapter 312, article 15, section
180.3226, is amended to read:
181.1 Subd. 2.
General education aid. For general education aid under Minnesota
181.2Statutes, section
126C.13, subdivision 4:
181.3
|
|
$
|
6,851,419,000
|
.....
|
2014
|
181.4
181.5
|
|
$
|
6,464,199,000
6,443,330,000
|
.....
|
2015
|
181.6The 2014 appropriation includes $780,156,000 for 2013 and $6,071,263,000 for
181.72014.
181.8The 2015 appropriation includes
$589,095,000 $586,824,000 for 2014 and
181.9$5,875,104,000 $5,856,506,000 for 2015.
181.10 Sec. 2. Laws 2013, chapter 116, article 1, section 58, subdivision 3, as amended by
181.11Laws 2014, chapter 312, article 22, section 1, is amended to read:
181.12 Subd. 3.
Enrollment options transportation. For transportation of pupils attending
181.13postsecondary institutions under Minnesota Statutes, section
124D.09, or for transportation
181.14of pupils attending nonresident districts under Minnesota Statutes, section
124D.03:
181.15
|
|
$
|
37,000
|
.....
|
2014
|
181.16
181.17
|
|
$
|
40,000
36,000
|
.....
|
2015
|
181.18 Sec. 3. Laws 2013, chapter 116, article 1, section 58, subdivision 4, as amended by
181.19Laws 2014, chapter 312, article 22, section 2, is amended to read:
181.20 Subd. 4.
Abatement revenue. For abatement aid under Minnesota Statutes, section
181.21127A.49
:
181.22
|
|
$
|
2,876,000
|
.....
|
2014
|
181.23
181.24
|
|
$
|
3,103,000
2,796,000
|
.....
|
2015
|
181.25The 2014 appropriation includes $301,000 for 2013 and $2,575,000 for 2014.
181.26The 2015 appropriation includes $286,000 for 2014 and
$2,817,000 $2,510,000
181.27for 2015.
181.28 Sec. 4. Laws 2013, chapter 116, article 1, section 58, subdivision 5, as amended by
181.29Laws 2014, chapter 312, article 22, section 3, is amended to read:
181.30 Subd. 5.
Consolidation transition. For districts consolidating under Minnesota
181.31Statutes, section
123A.485:
181.32
|
|
$
|
585,000
|
.....
|
2014
|
181.33
181.34
|
|
$
|
254,000
263,000
|
.....
|
2015
|
182.1The 2014 appropriation includes $40,000 for 2013 and $545,000 for 2014.
182.2The 2015 appropriation includes $60,000 for 2014 and
$194,000 $203,000 for 2015.
182.3 Sec. 5. Laws 2013, chapter 116, article 1, section 58, subdivision 6, as amended by
182.4Laws 2014, chapter 312, article 15, section 27, is amended to read:
182.5 Subd. 6.
Nonpublic pupil education aid. For nonpublic pupil education aid under
182.6Minnesota Statutes, sections
123B.40 to
123B.43 and
123B.87:
182.7
|
|
$
|
15,867,000
|
.....
|
2014
|
182.8
182.9
|
|
$
|
16,132,000
15,569,000
|
.....
|
2015
|
182.10The 2014 appropriation includes $1,898,000 for 2013 and $13,969,000 for 2014.
182.11The 2015 appropriation includes
$1,552,000 $1,394,000 for 2014 and
$14,580,000
182.12$14,175,000 for 2015.
182.13 Sec. 6. Laws 2013, chapter 116, article 1, section 58, subdivision 7, as amended by
182.14Laws 2014, chapter 312, article 15, section 28, is amended to read:
182.15 Subd. 7.
Nonpublic pupil transportation. For nonpublic pupil transportation aid
182.16under Minnesota Statutes, section
123B.92, subdivision 9:
182.17
|
|
$
|
18,500,000
|
.....
|
2014
|
182.18
182.19
|
|
$
|
17,710,000
18,118,000
|
.....
|
2015
|
182.20The 2014 appropriation includes $2,602,000 for 2013 and $15,898,000 for 2014.
182.21The 2015 appropriation includes $1,766,000 for 2014 and
$15,944,000 $16,352,000
182.22for 2015.
182.23 Sec. 7. Laws 2013, chapter 116, article 1, section 58, subdivision 11, as amended by
182.24Laws 2014, chapter 312, article 22, section 4, is amended to read:
182.25 Subd. 11.
Career and technical aid. For career and technical aid under Minnesota
182.26Statutes, section
124D.4531, subdivision 1b:
182.27
|
|
$
|
3,959,000
|
.....
|
2014
|
182.28
182.29
|
|
$
|
5,172,000
5,617,000
|
.....
|
2015
|
182.30The 2014 appropriation includes $0 for 2013 and $3,959,000 for 2014.
182.31The 2015 appropriation includes
$439,000 $445,000 for 2014 and
$4,733,000
182.32$5,172,000 for 2015.
182.33B. EDUCATION EXCELLENCE
183.1 Sec. 8. Laws 2013, chapter 116, article 3, section 37, subdivision 3, as amended by
183.2Laws 2014, chapter 312, article 22, section 5, is amended to read:
183.3 Subd. 3.
Achievement and integration aid. For achievement and integration aid
183.4under Minnesota Statutes, section
124D.862:
183.5
|
|
$
|
55,609,000
|
.....
|
2014
|
183.6
183.7
|
|
$
|
62,692,000
63,831,000
|
.....
|
2015
|
183.8The 2014 appropriation includes $0 for 2013 and $55,609,000 for 2014.
183.9The 2015 appropriation includes
$6,178,000 $6,386,000 for 2014 and
$56,514,000
183.10$57,445,000 for 2015.
183.11 Sec. 9. Laws 2013, chapter 116, article 3, section 37, subdivision 4, as amended by
183.12Laws 2014, chapter 312, article 22, section 6, is amended to read:
183.13 Subd. 4.
Literacy incentive aid. For literacy incentive aid under Minnesota
183.14Statutes, section
124D.98:
183.15
|
|
$
|
50,998,000
|
.....
|
2014
|
183.16
183.17
|
|
$
|
47,458,000
44,839,000
|
.....
|
2015
|
183.18The 2014 appropriation includes $6,607,000 for 2013 and $44,391,000 for 2014.
183.19The 2015 appropriation includes $4,932,000 for 2014 and
$42,526,000 $39,907,000
183.20for 2015.
183.21 Sec. 10. Laws 2013, chapter 116, article 3, section 37, subdivision 5, as amended by
183.22Laws 2014, chapter 312, article 22, section 7, is amended to read:
183.23 Subd. 5.
Interdistrict desegregation or integration transportation grants. For
183.24interdistrict desegregation or integration transportation grants under Minnesota Statutes,
183.25section
124D.87:
183.26
|
|
$
|
13,521,000
|
.....
|
2014
|
183.27
183.28
|
|
$
|
14,248,000
14,261,000
|
.....
|
2015
|
183.29 Sec. 11. Laws 2013, chapter 116, article 3, section 37, subdivision 20, as amended by
183.30Laws 2013, chapter 144, section 10, and Laws 2014, chapter 312, article 22, section
9,
183.31is amended to read:
183.32 Subd. 20.
Alternative compensation. For alternative teacher compensation aid
183.33under Minnesota Statutes, section
122A.415, subdivision 4:
184.1
184.2
|
|
$
|
71,599,000
69,899,000
|
.....
|
2015
|
184.3The 2015 appropriation includes $0 for 2014 and
$71,599,000 $69,899,000 for 2015.
184.5 Sec. 12. Laws 2013, chapter 116, article 4, section 9, subdivision 2, as amended by
184.6Laws 2014, chapter 312, article 22, section 10, is amended to read:
184.7 Subd. 2.
Charter school building lease aid. For building lease aid under Minnesota
184.8Statutes, section
124D.11, subdivision 4:
184.9
|
|
$
|
54,625,000
|
.....
|
2014
|
184.10
184.11
|
|
$
|
58,294,000
59,565,000
|
.....
|
2015
|
184.12The 2014 appropriation includes $6,681,000 for 2013 and $47,944,000 for 2014.
184.13The 2015 appropriation includes
$5,327,000 $5,270,000 for 2014 and
$52,967,000
184.14$54,295,000 for 2015.
184.15D. SPECIAL PROGRAMS
184.16 Sec. 13. Laws 2013, chapter 116, article 5, section 31, subdivision 2, as amended by
184.17Laws 2013, chapter 144, section 14, and Laws 2014, chapter 312, article 22, section
184.1811, is amended to read:
184.19 Subd. 2.
Special education; regular. For special education aid under Minnesota
184.20Statutes, section
125A.75:
184.21
|
|
$
|
1,038,465,000
|
.....
|
2014
|
184.22
184.23
|
|
$
|
1,111,641,000
1,109,144,000
|
.....
|
2015
|
184.24The 2014 appropriation includes $118,183,000 for 2013 and $920,282,000 for 2014.
184.25The 2015 appropriation includes
$129,549,000 $129,317,000 for 2014 and
184.26$982,092,000 $979,827,000 for 2015.
184.27 Sec. 14. Laws 2013, chapter 116, article 5, section 31, subdivision 3, as amended by
184.28Laws 2014, chapter 312, article 22, section 12, is amended to read:
184.29 Subd. 3.
Aid for children with disabilities. For aid under Minnesota Statutes,
184.30section
125A.75, subdivision 3, for children with disabilities placed in residential facilities
184.31within the district boundaries for whom no district of residence can be determined:
185.1
|
|
$
|
1,548,000
|
.....
|
2014
|
185.2
185.3
|
|
$
|
1,674,000
1,367,000
|
.....
|
2015
|
185.4If the appropriation for either year is insufficient, the appropriation for the other
185.5year is available.
185.6 Sec. 15. Laws 2013, chapter 116, article 5, section 31, subdivision 4, as amended by
185.7Laws 2014, chapter 312, article 22, section 13, is amended to read:
185.8 Subd. 4.
Travel for home-based services. For aid for teacher travel for home-based
185.9services under Minnesota Statutes, section
125A.75, subdivision 1:
185.10
|
|
$
|
351,000
|
.....
|
2014
|
185.11
185.12
|
|
$
|
346,000
351,000
|
.....
|
2015
|
185.13The 2014 appropriation includes $45,000 for 2013 and $306,000 for 2014.
185.14The 2015 appropriation includes $33,000 for 2014 and
$313,000 $318,000 for 2015.
185.15E. FACILITIES AND TECHNOLOGY
185.16 Sec. 16. Laws 2013, chapter 116, article 6, section 12, subdivision 2, as amended by
185.17Laws 2014, chapter 312, article 22, section 15, is amended to read:
185.18 Subd. 2.
Health and safety revenue. For health and safety aid according to
185.19Minnesota Statutes, section
123B.57, subdivision 5:
185.20
|
|
$
|
471,000
|
.....
|
2014
|
185.21
185.22
|
|
$
|
651,000
649,000
|
.....
|
2015
|
185.23The 2014 appropriation includes $24,000 for 2013 and $447,000 for 2014.
185.24The 2015 appropriation includes $49,000 for 2014 and
$602,000 $600,000 for 2015.
185.25 Sec. 17. Laws 2013, chapter 116, article 6, section 12, subdivision 6, as amended by
185.26Laws 2014, chapter 312, article 22, section 18, is amended to read:
185.27 Subd. 6.
Deferred maintenance aid. For deferred maintenance aid, according to
185.28Minnesota Statutes, section
123B.591, subdivision 4:
185.29
|
|
$
|
3,877,000
|
.....
|
2014
|
185.30
185.31
|
|
$
|
4,024,000
4,067,000
|
.....
|
2015
|
185.32The 2014 appropriation includes $475,000 for 2013 and $3,402,000 for 2014.
185.33The 2015 appropriation includes $378,000 for 2014 and
$3,646,000 $3,689,000
185.34for 2015.
186.1F. NUTRITION AND LIBRARIES
186.2 Sec. 18. Laws 2013, chapter 116, article 7, section 21, subdivision 2, as amended by
186.3Laws 2014, chapter 312, article 19, section 5, is amended to read:
186.4 Subd. 2.
School lunch. For school lunch aid according to Minnesota Statutes,
186.5section
124D.111, and Code of Federal Regulations, title 7, section
210.17:
186.6
|
|
$
|
12,417,000
|
.....
|
2014
|
186.7
186.8
|
|
$
|
16,185,000
15,506,000
|
.....
|
2015
|
186.9 Sec. 19. Laws 2013, chapter 116, article 7, section 21, subdivision 3, as amended by
186.10Laws 2014, chapter 312, article 19, section 6, is amended to read:
186.11 Subd. 3.
School breakfast. For traditional school breakfast aid under Minnesota
186.12Statutes, section
124D.1158:
186.13
|
|
$
|
5,308,000
|
.....
|
2014
|
186.14
186.15
|
|
$
|
6,176,000
9,168,000
|
.....
|
2015
|
186.16 Sec. 20. Laws 2013, chapter 116, article 7, section 21, subdivision 4, as amended by
186.17Laws 2014, chapter 312, article 22, section 19, is amended to read:
186.18 Subd. 4.
Kindergarten milk. For kindergarten milk aid under Minnesota Statutes,
186.19section
124D.118:
186.20
|
|
$
|
992,000
|
.....
|
2014
|
186.21
186.22
|
|
$
|
1,002,000
942,000
|
.....
|
2015
|
186.23G. EARLY CHILDHOOD EDUCATION, SELF-SUFFICIENCY,
186.24AND LIFELONG LEARNING
186.25 Sec. 21. Laws 2013, chapter 116, article 8, section 5, subdivision 3, as amended by
186.26Laws 2014, chapter 312, article 20, section 17, is amended to read:
186.27 Subd. 3.
Early childhood family education aid. For early childhood family
186.28education aid under Minnesota Statutes, section
124D.135:
186.29
|
|
$
|
22,797,000
|
.....
|
2014
|
186.30
186.31
|
|
$
|
26,651,000
26,623,000
|
.....
|
2015
|
186.32 The 2014 appropriation includes $3,008,000 for 2013 and $19,789,000 for 2014.
187.1 The 2015 appropriation includes $2,198,000 for 2014 and
$24,453,000 $24,425,000
187.2for 2015.
187.3 Sec. 22. Laws 2013, chapter 116, article 8, section 5, subdivision 4, as amended by
187.4Laws 2014, chapter 312, article 22, section 23, is amended to read:
187.5 Subd. 4.
Health and developmental screening aid. For health and developmental
187.6screening aid under Minnesota Statutes, sections
121A.17 and
121A.19:
187.7
|
|
$
|
3,524,000
|
.....
|
2014
|
187.8
187.9
|
|
$
|
3,330,000
3,390,000
|
.....
|
2015
|
187.10The 2014 appropriation includes $471,000 for 2013 and $3,053,000 for 2014.
187.11The 2015 appropriation includes $339,000 for 2014 and
$2,991,000 $3,051,000
187.12for 2015.
187.13 Sec. 23. Laws 2013, chapter 116, article 8, section 5, subdivision 14, as amended by
187.14Laws 2014, chapter 312, article 20, section 20, is amended to read:
187.15 Subd. 14.
Adult basic education aid. For adult basic education aid under
187.16Minnesota Statutes, section
124D.531:
187.17
|
|
$
|
48,776,000
|
.....
|
2014
|
187.18
187.19
|
|
$
|
48,415,000
47,750,000
|
.....
|
2015
|
187.20The 2014 appropriation includes $6,278,000 for 2013 and $42,498,000 for 2014.
187.21The 2015 appropriation includes
$4,722,000 $4,712,000 for 2014 and
$43,693,000
187.22$43,038,000 for 2015."
187.23Delete the title and insert:
187.25relating to education; providing for funding and policy in early childhood,
187.26kindergarten through grade 12, and adult education, including general education,
187.27education excellence, standards and assessments, charter schools, special
187.28education, facilities and technology, nutrition and accounting, libraries, early
187.29childhood education, prevention, self-sufficiency and lifelong learning, state
187.30agencies, and forecast adjustments; requiring rulemaking; appropriating money;
187.31amending Minnesota Statutes 2014, sections 5A.03; 16A.103, subdivision
187.321c; 120A.41; 120B.02, subdivision 2; 120B.021, subdivision 4; 120B.022,
187.33subdivisions 1, 1a, 1b; 120B.024, subdivision 2; 120B.11, subdivision 1a;
187.34120B.12, subdivision 4a; 120B.125; 120B.13, subdivision 4; 120B.30,
187.35subdivisions 1, 1a, 3; 120B.31, subdivision 4; 120B.36, subdivision 1; 121A.17,
187.36subdivision 5; 122A.09, subdivision 4, by adding subdivisions; 122A.14,
187.37subdivisions 3, 9, by adding a subdivision; 122A.18, subdivisions 2, 7c, 8;
187.38122A.20, subdivision 1; 122A.21, subdivisions 1, 2; 122A.23; 122A.245,
187.39subdivisions 1, 3, 7; 122A.25; 122A.30; 122A.31, subdivisions 1, 2; 122A.40,
187.40subdivisions 5, 8, 10, 11, 13; 122A.41, subdivisions 2, 5, 6, 14; 122A.414,
187.41subdivision 2; 122A.60; 122A.61, subdivision 1; 122A.69; 122A.70, subdivision
187.421; 123A.24, subdivision 1; 123A.75, subdivision 1; 123B.045; 123B.59,
188.1subdivisions 6, 7; 123B.77, subdivision 3; 123B.88, subdivision 1, by adding
188.2a subdivision; 124D.041, subdivisions 1, 2; 124D.09, subdivisions 5, 5a, 8, 9,
188.312; 124D.091, subdivision 1; 124D.10, subdivisions 1, 3, 4, 8, 9, 12, 14, 16,
188.423, by adding a subdivision; 124D.11, subdivisions 1, 9; 124D.121; 124D.122;
188.5124D.126, subdivision 1; 124D.127; 124D.128, subdivision 1; 124D.13;
188.6124D.135; 124D.16; 124D.165; 124D.531, subdivisions 1, 2, 3; 124D.73,
188.7subdivisions 3, 4; 124D.74, subdivisions 1, 3, 6; 124D.75, subdivisions 1, 3,
188.89; 124D.76; 124D.78; 124D.79, subdivisions 1, 2; 124D.791, subdivision
188.94; 124D.861; 124D.862; 125A.01; 125A.023, subdivisions 3, 4; 125A.027;
188.10125A.03; 125A.08; 125A.085; 125A.0942, subdivision 3; 125A.21; 125A.28;
188.11125A.63, subdivisions 2, 3, 4, 5; 125A.75, subdivision 9; 125A.76, subdivisions
188.121, 2c; 125B.26, subdivision 2; 126C.10, subdivisions 1, 2, 2a, 2e, 3, 13a, 18, 24;
188.13126C.13, subdivision 4; 126C.15, subdivisions 1, 2, 3; 126C.17, subdivisions
188.141, 2; 127A.05, subdivision 6; 127A.49, subdivision 1; 134.355, subdivisions 8,
188.159, 10; 135A.101, by adding a subdivision; 179A.20, by adding a subdivision;
188.16Laws 2013, chapter 116, article 1, section 58, subdivisions 2, as amended, 3, as
188.17amended, 4, as amended, 5, as amended, 6, as amended, 7, as amended, 11, as
188.18amended; article 3, section 37, subdivisions 3, as amended, 4, as amended, 5, as
188.19amended, 20, as amended; article 4, section 9, subdivision 2, as amended; article
188.205, section 31, subdivisions 2, as amended, 3, as amended, 4, as amended; article
188.216, section 12, subdivisions 2, as amended, 6, as amended; article 7, sections 19;
188.2221, subdivisions 2, as amended, 3, as amended, 4, as amended; article 8, section
188.235, subdivisions 3, as amended, 4, as amended, 14, as amended; Laws 2014,
188.24chapter 312, article 16, section 15; proposing coding for new law in Minnesota
188.25Statutes, chapters 119A; 122A; 124D; 125A; repealing Minnesota Statutes
188.262014, sections 120B.128; 122A.40, subdivision 11; 125A.63, subdivision 1;
188.27126C.12, subdivision 6; 126C.13, subdivisions 3a, 3b, 3c; 126C.41, subdivision
188.281; Minnesota Rules, part 3500.1000."