1.1.................... moves to amend H.F. No. 2749, the first engrossment, as follows:
1.2Page 41, after line 1, insert:

"1.3    Sec. 10. Minnesota Statutes 2014, section 120B.11, subdivision 4, is amended to read:
1.4    Subd. 4. Site team. A school may must establish a site team to develop and
1.5implement strategies and education effectiveness practices to improve instruction,
1.6curriculum, cultural competencies, including cultural awareness and cross-cultural
1.7communication, and student achievement at the school site, consistent with subdivision 2.
1.8The site team must include an equal number of teachers and administrators and at least
1.9one parent. The site team advises the board and the advisory committee about developing
1.10the annual budget and revising creates an instruction and curriculum improvement plan
1.11that aligns to align curriculum, assessment of student progress, and growth in meeting
1.12state and district academic standards and instruction.
"1.13Page 48, after line 26, insert:

"1.14    Sec. 14. Minnesota Statutes 2015 Supplement, section 120B.301, is amended to read:
1.15120B.301 LIMITS ON LOCAL TESTING.
1.16(a) For students in grades 1 through 6, the cumulative total amount of time spent
1.17taking locally adopted districtwide or schoolwide assessments must not exceed ten hours
1.18per school year. For students in grades 7 through 12, the cumulative total amount of time
1.19spent taking locally adopted districtwide or schoolwide assessments must not exceed 11
1.20hours per school year. For purposes of this paragraph, International Baccalaureate and
1.21Advanced Placement exams are not considered locally adopted assessments.
1.22(b) A district or charter school is exempt from the requirements of paragraph (a),
1.23if the district or charter school, in consultation with the exclusive representative of the
1.24teachers or other teachers if there is no exclusive representative of the teachers, decides
1.25to exceed a time limit in paragraph (a) and includes in the report required under section
1.26120B.11, subdivision 5 .
2.1(c) A district or charter school, before the first day of each school year, must publish
2.2on its Web site a comprehensive calendar of standardized tests to be administered in the
2.3district or charter school during that school year. The calendar must provide the rationale
2.4for administering each assessment and indicate whether the assessment is a local option or
2.5required by state or federal law.
2.6EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
2.7later.

2.8    Sec. 15. [120B.304] SCHOOL DISTRICT ASSESSMENT COMMITTEE.
2.9(a) A school district that does not have an agreement between the school board and
2.10the exclusive representative of the teachers about selecting assessments must establish a
2.11district assessment committee to advise the school board on administering standardized
2.12assessments to students in addition to the assessments required under section 120B.30 and
2.13applicable federal law unless paragraph (b) applies. The committee must include an equal
2.14number of teachers and administrators and at least one parent of a student in the district
2.15and may include at least one representative from each school site in the district.
2.16(b) A school district may seek this assessment advice from the district advisory
2.17committee under section 120B.11, subdivision 3, instead of establishing a committee
2.18under this section.
2.19EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
2.20later.
"2.21Page 49, after line 11, insert:

"2.22    Sec. 15. Minnesota Statutes 2014, section 120B.31, is amended by adding a
2.23subdivision to read:
2.24    Subd. 4a. Student participation. The commissioner shall create and publish a form
2.25for parents and guardians to complete if they refuse to have their student participate in
2.26standardized testing. The form must state why there are academic standards, indicate
2.27which tests are aligned with those standards, and what consequences, if any, the school
2.28may face if students do not participate in standardized testing. This form must ask parents
2.29to indicate a reason for their refusal.
2.30EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
2.31later.

3.1    Sec. 16. Minnesota Statutes 2014, section 120B.31, is amended by adding a
3.2subdivision to read:
3.3    Subd. 6. Retaliation prohibited. An employee who discloses information to the
3.4commissioner about service disruptions or technical interruptions related to administering
3.5assessments under this section is protected under section 181.932, governing disclosure of
3.6information by employees.
3.7EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
3.8later.
"3.9Page 75, after line 1, insert:

"3.10    Sec. 45. [125B.27] STUDENT-USER PRIVACY IN EDUCATION RIGHTS.
3.11    Subdivision 1. Definitions. (a) The definitions in this subdivision and section 13.32,
3.12subdivision 1, apply to this section.
3.13(b) "Online educational service" means a Web site, online service or application,
3.14or mobile application accessible to a student or the student's parent or legal guardian
3.15via the Internet for school purposes. An online educational service includes a cloud
3.16computing service.
3.17(c) "Operator" means a person, to the extent a person operates in this capacity, who
3.18operates an online educational service with actual knowledge that it is used primarily for
3.19school purposes and is designed and marketed for these purposes. An operator includes
3.20a vendor.
3.21(d) "Protected information" means personally identifiable information or materials
3.22or information that is linked to personally identifiable information or materials, in any
3.23media or format that is not publicly available, and:
3.24(1) is created or provided by a student or the student's parent or legal guardian to
3.25an operator in the course of using the operator's site, service, or application for school
3.26purposes;
3.27(2) is created or provided by an employee or agent of the school to an operator in the
3.28course of using the operator's site, service, or application for school purposes; or
3.29(3) is gathered by an operator through operating an online educational service
3.30and personally identifies a student, including but not limited to such information in the
3.31student's educational record or e-mail as first and last name, home address, telephone
3.32number, e-mail address, other information that allows physical or online contact, discipline
3.33records, test results, special education data, juvenile records, grades, evaluations, criminal
3.34records, health records, Social Security number, biometric information, disabilities,
3.35socioeconomic information, food purchases, political affiliations, religious information,
4.1text messages, documents, student identifiers, search activity, photos, voice recordings, or
4.2geolocation information.
4.3(e) "School purposes" means purposes that (1) are directed by or customarily take
4.4place at the direction of the school, teacher, or school district or help administer school
4.5activities, including instruction in the classroom or at home, administrative activities, and
4.6collaboration between students, school personnel, or parents or legal guardians, or (2)
4.7are for the use and benefit of the school.
4.8(f) "Student" means a student in prekindergarten through grade 12.
4.9(g) "Vendor" means a person who enters into a contract with a school to provide an
4.10online educational service.
4.11(h) "Targeted advertising" means presenting advertisements to a student where
4.12the advertisement is selected based on information obtained or inferred over time from
4.13that student's online behavior, use of applications, or covered information. It does not
4.14include advertising to a student at an online location based upon that student's current
4.15visit to that location, or in response to that student's request for information or feedback,
4.16without retaining that student's online activities or requests over time for the purpose of
4.17targeting subsequent ads.
4.18    Subd. 2. Prohibited activities; targeted advertising; creating student profiles;
4.19sale or unauthorized disclosure of information. (a) An operator must not engage in
4.20any of the following activities:
4.21(1)(i) targeted advertising on the operator's online educational service; or
4.22(ii) targeted advertising on any other site, service, or application when the targeted
4.23advertising is based upon information, including protected information and unique
4.24identifiers, that the operator acquired or created because a student used that operator's
4.25online educational service;
4.26(2) gather, use, or share information, including persistent unique identifiers, acquired
4.27or created by the operator's online educational service, to create a profile about a student,
4.28except to further school purposes. "Create a profile" does not include collecting or
4.29retaining account information that remains under the control of the student, the student's
4.30parent or guardian, or a school offering any grades kindergarten through grade 12;
4.31(3) sell a student's information, including protected information. This prohibition
4.32does not apply to the purchase, merger, or other type of acquisition of an operator by
4.33another person, if the operator or successor remains subject to this section with respect to
4.34previously acquired student information or to national assessment providers if the provider
4.35obtains the express written consent of the parent or student, given in response to clear and
5.1conspicuous notice, solely to provide access to employment, educational scholarships or
5.2financial aid, or postsecondary educational opportunities; or
5.3(4) disclose protected information, unless the disclosure:
5.4(i) is made to further the educational purpose of the site, service, or application,
5.5provided the recipient of the protected information must not further disclose the
5.6information unless to allow or improve operability or functionality of the operator's online
5.7educational service;
5.8(ii) is legally required to comply with subdivision 3;
5.9(iii) is made to ensure legal and regulatory compliance, to respond to or participate
5.10in a judicial process, or to protect the safety of users or others or the security or integrity
5.11of the site;
5.12(iv) is for a school, educational, or employment purpose and at the request of the
5.13student or the student's parent or guardian, provided the information is not used or further
5.14disclosed for any other purposes; or
5.15(v) is made under a contract between the operator and a service provider. A contract
5.16must prohibit the service provider from using protected information for any purpose
5.17other than providing the contracted service to, or on behalf of, the operator; prohibit the
5.18service provider from disclosing protected information provided by the operator to third
5.19parties; and require the service provider to implement and maintain reasonable security
5.20procedures and practices under subdivision 3.
5.21(b) This subdivision does not prohibit the operator from using information to
5.22maintain, develop, support, improve, or diagnose the operator's site, service, or application.
5.23    Subd. 3. Security procedures and practices. An operator shall:
5.24(1) implement and maintain reasonable security procedures and practices appropriate
5.25to the nature of the protected information and designed to protect that information from
5.26unauthorized access, destruction, use, modification, or disclosure; and
5.27(2) delete a student's protected information within a reasonable period of time and in
5.28any case within 60 days if the school asks to delete the data under the control of the school.
5.29    Subd. 4. Permissible disclosures. Notwithstanding subdivision 2, paragraph (a),
5.30clause (4), an operator may use or disclose a student's protected information under the
5.31following circumstances:
5.32(1) if other provisions of federal or state law require the operator to disclose the
5.33information and the operator complies with the requirements of federal or state law in
5.34protecting and disclosing that information;
5.35(2) as long as no covered information is used for advertising or to create a profile on
5.36the student for purposes other than educational purposes or for legitimate research purposes:
6.1(i) as required by state or federal law and subject to the restrictions under that law; or
6.2(ii) as allowed by state or federal law and to further educational purposes or
6.3postsecondary educational purposes; and
6.4(3) to a state or local educational agency, including schools and school districts, for
6.5school purposes as permitted by state or federal law.
6.6    Subd. 5. Use of information by operator. This section does not prohibit an
6.7operator from:
6.8(1) using protected information within the operator's site, service, or application or
6.9other sites, services, or applications owned by the operator to improve educational products;
6.10(2) using protected information that is not associated with an identified student to
6.11demonstrate the effectiveness of the operator's products or services, including marketing;
6.12(3) sharing aggregate information that does not directly, indirectly, or in combination
6.13with other information identify a student in order to develop or improve educational
6.14sites, services, or applications;
6.15(4) using recommendation engines to recommend to a student either of the following:
6.16(i) additional content relating to an educational, other learning, or employment
6.17opportunity purpose within an online site, service, or application if the recommendation is
6.18not determined in whole or in part by payment or other consideration from a third party; or
6.19(ii) additional services relating to an educational, other learning, or employment
6.20opportunity purpose within an online site, service, or application if the recommendation is
6.21not determined in whole or in part by payment or other consideration from a third party; or
6.22(5) responding to a student's request for information or for feedback without the
6.23information or response being determined in whole or in part by payment or other
6.24consideration from a third party.
6.25    Subd. 6. Certain activities not affected. (a) This section does not limit the
6.26authority of a law enforcement agency to obtain information from an operator as
6.27authorized by law or under a court order.
6.28(b) This section does not limit the ability of an operator to use student information,
6.29including protected information, for adaptive learning or customized student learning
6.30purposes.
6.31(c) This section does not apply to general audience Web sites, general audience
6.32online services, general audience online applications, or general audience mobile
6.33applications, even if log-in credentials created for an operator's online educational service
6.34may be used to access those general audience Web sites, services, or applications.
6.35(d) This section does not limit Internet service providers from providing Internet
6.36connectivity to schools or students and their families.
7.1(e) This section does not prohibit an operator of a Web site, online service, online
7.2application, or mobile application from the general marketing of educational products to
7.3parents or legal guardians so long as the marketing is not based on the use of protected
7.4information obtained by the operator through the provision of services governed by this
7.5section.
7.6(f) This section does not impose a duty upon a provider of an electronic store, gateway,
7.7marketplace, or other means of purchasing or downloading software or applications to
7.8review or enforce compliance with this section on those applications or software.
7.9(g) This section does not impose a duty on a provider of an interactive computer
7.10service, as defined in United States Code, title 47, section 230, to review or enforce
7.11compliance with this section by third-party content providers. (h) This section does not
7.12impede the ability of students to download, transfer, export, or otherwise save or maintain
7.13their own data or documents.
7.14EFFECTIVE DATE.This section is effective for the 2016-2017 school year and
7.15later.
"7.16Renumber the sections in sequence and correct the internal references
7.17Amend the title accordingly