1.1    .................... moves to amend H. F. No. 1092 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 124D.095, subdivision 2, is amended to
1.4read:
1.5    Subd. 2. Definitions. For purposes of this section, the following terms have the
1.6meanings given them.
1.7    (a) "Online learning" is an interactive course or program that delivers instruction
1.8from a teacher to a student by computer; is combined with other traditional delivery
1.9methods that include frequent student assessment and may include actual teacher contact
1.10time; and meets or exceeds state academic standards.
1.11    (b) "Online learning provider" is a school district, an intermediate school district, an
1.12organization of two or more school districts operating under a joint powers agreement, or
1.13a charter school located in Minnesota that provides online learning to students.
1.14    (c) "Student" is a Minnesota resident enrolled in a school under section 120A.22,
1.15subdivision 4 , in kindergarten through grade 12.
1.16    (d) "Online learning student" is a student enrolled in an online learning course or
1.17program delivered by an online provider under paragraph (b).
1.18    (e) "Enrolling district" means the school district or charter school in which a student
1.19is enrolled under section 120A.22, subdivision 4, for purposes of compulsory attendance.
1.20    (f) "Supplemental online learning" means an online course taken in place of a course
1.21period during the regular school day at a local district school.
1.22    (g) "Full-time online provider" means an enrolling school authorized by the
1.23department to deliver comprehensive public education at any or all of the elementary,
1.24middle, and high school levels.

1.25    Sec. 2. Minnesota Statutes 2006, section 124D.095, subdivision 3, is amended to read:
2.1    Subd. 3. Authorization; notice; limitations on enrollment. (a) A student may
2.2apply to an online learning provider to enroll in online learning. A student age 17 or
2.3younger must have the written consent of a parent or guardian to apply. No school district
2.4or charter school may prohibit a student from applying to enroll in online learning.
2.5An online learning provider that accepts a student under this section must, within ten
2.6days, notify the student and the enrolling district if the enrolling district is not the online
2.7learning provider. The notice must report the student's course or program and hours
2.8of instruction. A full-time online learning provider must comply with the application
2.9and notification procedures and timelines under section 124D.03, subdivisions 3 to 7,
2.10except for the January 15 notice and subsequent notification dates. Re-enrollment to the
2.11resident district under open enrollment or open enrollment to another nonresident district
2.12must comply with the applicable timelines under section 124D.03, unless waived by the
2.13receiving and the enrolling district.
2.14    (b) An online learning student must notify the enrolling district at least 30 days
2.15before taking an online learning course or program if the enrolling district is not providing
2.16the online learning. An online learning provider must notify the commissioner that it is
2.17delivering online learning and report the number of online learning students it is accepting
2.18and the online learning courses and programs it is delivering.
2.19    (c) An online learning provider may limit enrollment if the provider's school board
2.20or board of directors adopts by resolution specific standards for accepting and rejecting
2.21students' applications.
2.22    (d) An enrolling district may reduce an online learning student's regular classroom
2.23instructional membership in proportion to the student's membership in online learning
2.24courses.
2.25    (e) A student may enroll in supplemental online learning courses up to the midpoint
2.26of the enrolling district's term. The enrolling district may waive this requirement for
2.27special circumstances and upon acceptance by the online learning providers.

2.28    Sec. 3. Minnesota Statutes 2006, section 124D.095, subdivision 4, is amended to read:
2.29    Subd. 4. Online learning parameters. (a) An online learning student must receive
2.30academic credit for completing the requirements of an online learning course or program.
2.31Secondary credits granted to an online learning student must be counted toward the
2.32graduation and credit requirements of the enrolling district. An online learning provider
2.33must make available to the enrolling district the course syllabus, standard alignment,
2.34content outline, assessment requirements, and contact information for supplemental online
2.35courses taken by students in the enrolling district. The enrolling district must apply the
2.36same graduation requirements to all students, including online learning students, and
3.1must continue to provide nonacademic services to online learning students. If a student
3.2completes an online learning course or program that meets or exceeds a graduation
3.3standard or grade progression requirement at the enrolling district, that standard or
3.4requirement is met. The enrolling district must use the same criteria for accepting online
3.5learning credits or courses as it does for accepting credits or courses for transfer students
3.6under section 124D.03, subdivision 9. The enrolling district may reduce the teacher
3.7contact time course schedule of an online learning student in proportion to the number
3.8of online learning courses the student takes from an online learning provider that is not
3.9the enrolling district.
3.10    (b) An online learning student may:
3.11    (1) enroll in supplemental online learning courses during a single school year in a
3.12maximum of 12 semester-long courses or their equivalent delivered by an online learning
3.13provider or the enrolling district to a maximum of 50 percent of their full schedule of
3.14courses per term. A student may exceed the supplemental online learning enrollment limit
3.15if the enrolling district grants permission for supplemental online learning enrollment
3.16above the limit, or if an agreement is made between the enrolling district and the online
3.17learning provider for instructional services;
3.18    (2) complete course work at a grade level that is different from the student's current
3.19grade level; and
3.20    (3) enroll in additional courses with the online learning provider under a separate
3.21agreement that includes terms for payment of any tuition or course fees.
3.22    (c) An online learning student has the same access to the computer hardware and
3.23education software available in a school as all other students in the enrolling district. An
3.24online learning provider must assist an online learning student whose family qualifies
3.25for the education tax credit under section 290.0674 to acquire computer hardware and
3.26educational software for online learning purposes.
3.27    (d) An enrolling district may offer online learning to its enrolled students. Such
3.28online learning does not generate online learning funds under this section. An enrolling
3.29district that offers online learning only to its enrolled students is not subject to the
3.30reporting requirements or review criteria under subdivision 7. A teacher with a Minnesota
3.31license must assemble and deliver instruction to enrolled students receiving online
3.32learning from an enrolling district. The delivery of instruction occurs when the student
3.33interacts with the computer or the teacher and receives ongoing assistance and assessment
3.34of learning. The instruction may include curriculum developed by persons other than a
3.35teacher with a Minnesota license.
4.1    (e) An online learning provider that is not the enrolling district is subject to
4.2the reporting requirements and review criteria under subdivision 7. A teacher with a
4.3Minnesota license must assemble and deliver instruction to online learning students. The
4.4delivery of instruction occurs when the student interacts with the computer or the teacher
4.5and receives ongoing assistance and assessment of learning. The instruction may include
4.6curriculum developed by persons other than a teacher with a Minnesota license. Unless
4.7the commissioner grants a waiver, a teacher providing online learning instruction must not
4.8instruct more than 40 students in any one online learning course or program.
4.9    (f) To enroll in more than 50 percent of the student's full schedule of courses per term
4.10in online learning, the student must apply for open enrollment to an approved full-time
4.11online learning provider, except as provided in paragraph (b), clause (1).

4.12    Sec. 4. Minnesota Statutes 2006, section 124D.095, subdivision 7, is amended to read:
4.13    Subd. 7. Department of Education. (a) The department must review and certify
4.14online learning providers. The online learning courses and programs must be rigorous,
4.15aligned with state academic standards, and contribute to grade progression in a single
4.16subject. Online learning providers must affirm demonstrate to the commissioner that
4.17online learning courses have equivalent standards or instruction, curriculum, and
4.18assessment requirements as other courses offered to enrolled students. The online learning
4.19provider must also demonstrate expectations for actual teacher contact time or other
4.20student-to-teacher communication. Once an online learning provider is approved under
4.21this paragraph, all of its online learning course offerings are eligible for payment under
4.22this section unless a course is successfully challenged by an enrolling district or the
4.23department under paragraph (b).
4.24    (b) An enrolling district may challenge the validity of a course offered by an online
4.25learning provider. The department must review such challenges based on the certification
4.26procedures under paragraph (a). The department may initiate its own review of the validity
4.27of an online learning course offered by an online learning provider.
4.28    (c) The department may collect a fee not to exceed $250 for certifying online
4.29learning providers or $50 per course for reviewing a challenge by an enrolling district.
4.30    (d) The department must develop, publish, and maintain a list of approved online
4.31learning providers and online learning courses and programs that it has reviewed and
4.32certified."
4.33Amend the title accordingly