1.1Senator .................... moves to amend S.F. No. 978 as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. Minnesota Statutes 2012, 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. Nothing in this section permits a school district
1.11to adopt A school board's annual calendar must include at least 165 days of instruction
1.12for a student in grades 1 through 11 unless a four-day week schedule unless has been
1.13 approved by the commissioner under section 124D.126.

1.14    Sec. 2. Minnesota Statutes 2012, section 123B.88, subdivision 22, is amended to read:
1.15    Subd. 22. Postsecondary enrollment options pupils. Districts may provide bus
1.16transportation along school bus routes when space is available, for pupils attending
1.17programs at a postsecondary institution under the postsecondary enrollment options
1.18program. The transportation is permitted only if it does not increase the district's
1.19expenditures for transportation. Fees collected for this service under section 123B.36,
1.20subdivision 1 , paragraph (13), shall be subtracted from the authorized cost for nonregular
1.21transportation for the purpose of section 123B.92. A school district may provide
1.22transportation for a pupil participating in an articulated program operated under an
1.23agreement between the school district and the postsecondary institution.

1.24    Sec. 3. Minnesota Statutes 2012, section 123B.92, subdivision 1, is amended to read:
1.25    Subdivision 1. Definitions. For purposes of this section and section 125A.76, the
1.26terms defined in this subdivision have the meanings given to them.
1.27    (a) "Actual expenditure per pupil transported in the regular and excess transportation
1.28categories" means the quotient obtained by dividing:
1.29    (1) the sum of:
1.30    (i) all expenditures for transportation in the regular category, as defined in paragraph
1.31(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
1.32    (ii) an amount equal to one year's depreciation on the district's school bus fleet
1.33and mobile units computed on a straight line basis at the rate of 15 percent per year for
2.1districts operating a program under section 124D.128 for grades 1 to 12 for all students in
2.2the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
2.3    (iii) an amount equal to one year's depreciation on the district's type III vehicles, as
2.4defined in section 169.011, subdivision 71, which must be used a majority of the time for
2.5pupil transportation purposes, computed on a straight line basis at the rate of 20 percent
2.6per year of the cost of the type three school buses by:
2.7    (2) the number of pupils eligible for transportation in the regular category, as defined
2.8in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
2.9    (b) "Transportation category" means a category of transportation service provided to
2.10pupils as follows:
2.11    (1) Regular transportation is:
2.12    (i) transportation to and from school during the regular school year for resident
2.13elementary pupils residing one mile or more from the public or nonpublic school they
2.14attend, and resident secondary pupils residing two miles or more from the public
2.15or nonpublic school they attend, excluding desegregation transportation and noon
2.16kindergarten transportation; but with respect to transportation of pupils to and from
2.17nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;
2.18    (ii) transportation of resident pupils to and from language immersion programs;
2.19    (iii) transportation of a pupil who is a custodial parent and that pupil's child between
2.20the pupil's home and the child care provider and between the provider and the school, if
2.21the home and provider are within the attendance area of the school;
2.22    (iv) transportation to and from or board and lodging in another district, of resident
2.23pupils of a district without a secondary school; and
2.24    (v) transportation to and from school during the regular school year required under
2.25subdivision 3 for nonresident elementary pupils when the distance from the attendance
2.26area border to the public school is one mile or more, and for nonresident secondary pupils
2.27when the distance from the attendance area border to the public school is two miles or
2.28more, excluding desegregation transportation and noon kindergarten transportation.
2.29    For the purposes of this paragraph, a district may designate a licensed day care facility,
2.30school day care facility, respite care facility, the residence of a relative, or the residence
2.31of a person or other location chosen by the pupil's parent or guardian, or an after-school
2.32program for children operated by a political subdivision of the state, as the home of a pupil
2.33for part or all of the day, if requested by the pupil's parent or guardian, and if that facility,
2.34residence, or program is within the attendance area of the school the pupil attends.
2.35    (2) Excess transportation is:
3.1    (i) transportation to and from school during the regular school year for resident
3.2secondary pupils residing at least one mile but less than two miles from the public or
3.3nonpublic school they attend, and transportation to and from school for resident pupils
3.4residing less than one mile from school who are transported because of full-service school
3.5zones, extraordinary traffic, drug, or crime hazards; and
3.6    (ii) transportation to and from school during the regular school year required under
3.7subdivision 3 for nonresident secondary pupils when the distance from the attendance area
3.8border to the school is at least one mile but less than two miles from the public school
3.9they attend, and for nonresident pupils when the distance from the attendance area border
3.10to the school is less than one mile from the school and who are transported because of
3.11full-service school zones, extraordinary traffic, drug, or crime hazards.
3.12    (3) Desegregation transportation is transportation within and outside of the district
3.13during the regular school year of pupils to and from schools located outside their normal
3.14attendance areas under a plan for desegregation mandated by the commissioner or under
3.15court order.
3.16    (4) "Transportation services for pupils with disabilities" is:
3.17    (i) transportation of pupils with disabilities who cannot be transported on a regular
3.18school bus between home or a respite care facility and school;
3.19    (ii) necessary transportation of pupils with disabilities from home or from school to
3.20other buildings, including centers such as developmental achievement centers, hospitals,
3.21and treatment centers where special instruction or services required by sections 125A.03
3.22to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
3.23where services are provided;
3.24    (iii) necessary transportation for resident pupils with disabilities required by sections
3.25125A.12 , and 125A.26 to 125A.48;
3.26    (iv) board and lodging for pupils with disabilities in a district maintaining special
3.27classes;
3.28    (v) transportation from one educational facility to another within the district for
3.29resident pupils enrolled on a shared-time basis in educational programs, and necessary
3.30transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils
3.31with disabilities who are provided special instruction and services on a shared-time basis
3.32or if resident pupils are not transported, the costs of necessary travel between public
3.33and private schools or neutral instructional sites by essential personnel employed by the
3.34district's program for children with a disability;
3.35    (vi) transportation for resident pupils with disabilities to and from board and lodging
3.36facilities when the pupil is boarded and lodged for educational purposes;
4.1(vii) transportation of pupils for a curricular field trip activity on a school bus
4.2equipped with a power lift when the power lift is required by a student's disability or
4.3section 504 plan; and
4.4(viii) services described in clauses (i) to (vii), when provided for pupils with
4.5disabilities in conjunction with a summer instructional program that relates to the
4.6pupil's individualized education program or in conjunction with a learning year program
4.7established under section 124D.128.
4.8    For purposes of computing special education initial aid under section 125A.76,
4.9subdivision 2 , the cost of providing transportation for children with disabilities includes
4.10(A) the additional cost of transporting a homeless student from a temporary nonshelter
4.11home in another district to the school of origin, or a formerly homeless student from a
4.12permanent home in another district to the school of origin but only through the end of
4.13the academic year; and (B) depreciation on district-owned school buses purchased after
4.14July 1, 2005, and used primarily for transportation of pupils with disabilities, calculated
4.15according to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the
4.16disabled transportation category must be excluded in calculating the actual expenditure
4.17per pupil transported in the regular and excess transportation categories according to
4.18paragraph (a). For purposes of subitem (A), a school district may transport a child who
4.19does not have a school of origin to the same school attended by that child's sibling, if
4.20the siblings are homeless.
4.21    (5) "Nonpublic nonregular transportation" is:
4.22    (i) transportation from one educational facility to another within the district for
4.23resident pupils enrolled on a shared-time basis in educational programs, excluding
4.24transportation for nonpublic pupils with disabilities under clause (4);
4.25    (ii) transportation within district boundaries between a nonpublic school and a
4.26public school or a neutral site for nonpublic school pupils who are provided pupil support
4.27services pursuant to section 123B.44; and
4.28    (iii) late transportation home from school or between schools within a district for
4.29nonpublic school pupils involved in after-school activities.
4.30    (c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
4.31educational programs and services, including diagnostic testing, guidance and counseling
4.32services, and health services. A mobile unit located off nonpublic school premises is a
4.33neutral site as defined in section 123B.41, subdivision 13.
4.34EFFECTIVE DATE.This section is effective July 1, 2013.

4.35    Sec. 4. Minnesota Statutes 2012, section 126C.10, subdivision 14, is amended to read:
5.1    Subd. 14. Uses of total operating capital revenue. Total operating capital revenue
5.2may be used only for the following purposes:
5.3(1) to acquire land for school purposes;
5.4(2) to acquire or construct buildings for school purposes;
5.5(3) to rent or lease buildings, including the costs of building repair or improvement
5.6that are part of a lease agreement;
5.7(4) to improve and repair school sites and buildings, and equip or reequip school
5.8buildings with permanent attached fixtures, including library media centers;
5.9(5) for a surplus school building that is used substantially for a public nonschool
5.10purpose;
5.11(6) to eliminate barriers or increase access to school buildings by individuals with a
5.12disability;
5.13(7) to bring school buildings into compliance with the State Fire Code adopted
5.14according to chapter 299F;
5.15(8) to remove asbestos from school buildings, encapsulate asbestos, or make
5.16asbestos-related repairs;
5.17(9) to clean up and dispose of polychlorinated biphenyls found in school buildings;
5.18(10) to clean up, remove, dispose of, and make repairs related to storing heating fuel
5.19or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined
5.20in section 296A.01;
5.21(11) for energy audits for school buildings and to modify buildings if the audit
5.22indicates the cost of the modification can be recovered within ten years;
5.23(12) to improve buildings that are leased according to section 123B.51, subdivision 4;
5.24(13) to pay special assessments levied against school property but not to pay
5.25assessments for service charges;
5.26(14) to pay principal and interest on state loans for energy conservation according to
5.27section 216C.37 or loans made under the Douglas J. Johnson Economic Protection Trust
5.28Fund Act according to sections 298.292 to 298.298;
5.29(15) to purchase or lease interactive telecommunications equipment;
5.30(16) by board resolution, to transfer money into the debt redemption fund to: (i)
5.31pay the amounts needed to meet, when due, principal and interest payments on certain
5.32obligations issued according to chapter 475; or (ii) pay principal and interest on debt
5.33service loans or capital loans according to section 126C.70;
5.34(17) to pay operating capital-related assessments of any entity formed under a
5.35cooperative agreement between two or more districts;
6.1(18) to purchase or lease computers and related materials hardware, initial purchase
6.2of related software, but not annual licensing fees, copying machines, telecommunications
6.3equipment, and other noninstructional equipment;
6.4(19) to purchase or lease assistive technology or equipment for instructional
6.5programs;
6.6(20) to purchase textbooks as defined in section 123B.41, subdivision 2;
6.7(21) to purchase new and replacement library media resources or technology;
6.8(22) to lease or purchase vehicles;
6.9(23) to purchase or lease telecommunications equipment, computers, and related
6.10equipment for integrated information management systems for:
6.11(i) managing and reporting learner outcome information for all students under a
6.12results-oriented graduation rule;
6.13(ii) managing student assessment, services, and achievement information required
6.14for students with individualized education programs; and
6.15(iii) other classroom information management needs;
6.16(24) to pay personnel costs directly related to the acquisition, operation, and
6.17maintenance of telecommunications systems, computers, related equipment, and network
6.18and applications software; and
6.19(25) to pay the costs directly associated with closing a school facility, including
6.20moving and storage costs.

6.21    Sec. 5. Minnesota Statutes 2012, section 126C.15, subdivision 2, is amended to read:
6.22    Subd. 2. Building allocation. (a) A district or cooperative must allocate its
6.23compensatory revenue to each school building in the district or cooperative where
6.24the children who have generated the revenue are served unless the school district or
6.25cooperative has received permission under Laws 2005, First Special Session chapter 5,
6.26article 1, section 50, to allocate compensatory revenue according to student performance
6.27measures developed by the school board.
6.28    (b) Notwithstanding paragraph (a), a district or cooperative may allocate up to
6.29five percent of the amount of compensatory revenue that the district receives to school
6.30sites according to a plan adopted by the school board, and a district or cooperative may
6.31allocate up to an additional five percent of its compensatory revenue for activities under
6.32subdivision 1, clause (10), according to a plan adopted by the school board. The money
6.33reallocated under this paragraph must be spent for the purposes listed in subdivision 1, but
6.34may be spent on students in any grade, including students attending school readiness or
6.35other prekindergarten programs.
7.1    (c) For the purposes of this section and section 126C.05, subdivision 3, "building"
7.2means education site as defined in section 123B.04, subdivision 1.
7.3    (d) Notwithstanding section 123A.26, subdivision 1, compensatory revenue
7.4generated by students served at a cooperative unit shall be paid to the cooperative unit.
7.5    (e) A district or cooperative with school building openings, school building
7.6closings, changes in attendance area boundaries, or other changes in programs or student
7.7demographics between the prior year and the current year may reallocate compensatory
7.8revenue among sites to reflect these changes. A district or cooperative must report to the
7.9department any adjustments it makes according to this paragraph and the department must
7.10use the adjusted compensatory revenue allocations in preparing the report required under
7.11section 123B.76, subdivision 3, paragraph (c).
7.12EFFECTIVE DATE.This section is effective for revenue for fiscal year 2014
7.13and later.


7.16    Section 1. [120B.018] DEFINITIONS.
7.17    Subdivision 1. Scope. The definitions in this section apply to this chapter.
7.18    Subd. 2. Academic standard. "Academic standard" means a summary description
7.19of student learning in a required content area under section 120B.021 or elective content
7.20area under section 120B.022.
7.21    Subd. 3. Benchmark. "Benchmark" means specific knowledge or skill that a
7.22student must master to complete part of an academic standard by the end of the grade
7.23level or grade band.
7.24    Subd. 4. Credit. "Credit" means the determination by the local school district
7.25that a student has successfully completed an academic year of study or mastered the
7.26applicable subject matter.
7.27    Subd. 5. Elective standard. "Elective standard" means a locally adopted
7.28expectation for student learning in career and technical education and world languages.
7.29    Subd. 6. Required standard. "Required standard" means (1) a statewide adopted
7.30expectation for student learning in the content areas of language arts, mathematics,
7.31science, social studies, physical education, and the arts or (2) a locally adopted expectation
7.32for student learning in health and the arts.
7.33    Subd. 7. School site. "School site" means a separate facility, or a separate program
7.34within a facility that a local school board recognizes as a school site for funding purposes.

8.1    Sec. 2. Minnesota Statutes 2012, section 120B.02, is amended to read:
8.2120B.02 EDUCATIONAL EXPECTATIONS AND GRADUATION
8.3REQUIREMENTS FOR MINNESOTA'S STUDENTS.
8.4    Subdivision 1. Educational expectations. (a) The legislature is committed to
8.5establishing rigorous academic standards for Minnesota's public school students. To
8.6that end, the commissioner shall adopt in rule statewide academic standards. The
8.7commissioner shall not prescribe in rule or otherwise the delivery system, classroom
8.8assessments, or form of instruction that school sites must use. For purposes of this chapter,
8.9a school site is a separate facility, or a separate program within a facility that a local school
8.10board recognizes as a school site for funding purposes.
8.11(b) All commissioner actions regarding the rule must be premised on the following:
8.12(1) the rule is intended to raise academic expectations for students, teachers, and
8.13schools;
8.14(2) any state action regarding the rule must evidence consideration of school district
8.15autonomy; and
8.16(3) the Department of Education, with the assistance of school districts, must make
8.17available information about all state initiatives related to the rule to students and parents,
8.18teachers, and the general public in a timely format that is appropriate, comprehensive, and
8.19readily understandable.
8.20(c) When fully implemented, the requirements for high school graduation in
8.21Minnesota must require students to satisfactorily complete, as determined by the school
8.22district, the course credit requirements under section 120B.024, all state academic
8.23standards or local academic standards where state standards do not apply, and successfully
8.24pass graduation examinations as required under section 120B.30.
8.25(d) (c) The commissioner shall periodically review and report on the state's
8.26assessment process.
8.27(e) (d) School districts are not required to adopt specific provisions of the federal
8.28School-to-Work programs.
8.29    Subd. 2. Graduation requirements. The state minimum requirements for high
8.30school graduation are satisfactorily completing the credit and academic standards
8.31requirements under section 120B.024, as determined by the school district, and
8.32successfully passing the graduation examinations under section 120B.30. A school district
8.33must adopt graduation requirements that meet or exceed state graduation requirements
8.34established in law or rule.
9.1EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
9.2students entering 9th grade in the 2013-2014 school year and later.

9.3    Sec. 3. Minnesota Statutes 2012, section 120B.021, subdivision 1, is amended to read:
9.4    Subdivision 1. Required academic standards. (a) The following subject areas
9.5are required for statewide accountability:
9.6    (1) language arts;
9.7    (2) mathematics;
9.8    (3) science;
9.9    (4) social studies, including history, geography, economics, and government and
9.10citizenship;
9.11    (5) physical education;
9.12    (6) health, for which locally developed academic standards apply; and
9.13    (7) the arts, for which statewide or locally developed academic standards apply, as
9.14determined by the school district. Public elementary and middle schools must offer at least
9.15three and require at least two of the following four arts areas: dance; music; theater; and
9.16visual arts. Public high schools must offer at least three and require at least one of the
9.17following five arts areas: media arts; dance; music; theater; and visual arts.
9.18    The commissioner must submit proposed standards in science and social studies to
9.19the legislature by February 1, 2004.
9.20    (b) For purposes of applicable federal law, the academic standards for language arts,
9.21mathematics, and science apply to all public school students, except the very few students
9.22with extreme cognitive or physical impairments for whom an individualized education
9.23program team has determined that the required academic standards are inappropriate. An
9.24individualized education program team that makes this determination must establish
9.25alternative standards.
9.26    A school district, no later than the 2007-2008 school year, must adopt graduation
9.27requirements that meet or exceed state graduation requirements established in law or rule.
9.28A school district that incorporates these state graduation requirements before the 2007-2008
9.29school year must provide students who enter the 9th grade in or before the 2003-2004
9.30school year the opportunity to earn a diploma based on existing locally established
9.31graduation requirements in effect when the students entered the 9th grade. (c) District
9.32efforts to develop, implement, or improve instruction or curriculum as a result of the
9.33provisions of this section must be consistent with sections 120B.10, 120B.11, and 120B.20.
10.1    The commissioner must include the contributions of Minnesota American Indian
10.2tribes and communities as they relate to the academic standards during the review and
10.3revision of the required academic standards.

10.4    Sec. 4. Minnesota Statutes 2012, section 120B.023, is amended to read:
10.5120B.023 BENCHMARKS.
10.6    Subdivision 1. Benchmarks implement, supplement statewide academic
10.7standards. (a) The commissioner must supplement required state academic standards with
10.8grade-level benchmarks. High school benchmarks may cover more than one grade. The
10.9benchmarks must implement statewide academic standards by specifying the academic
10.10knowledge and skills that Schools must offer and students must achieve all benchmarks for
10.11an academic standard to satisfactorily complete a that state standard. The commissioner
10.12must publish benchmarks to inform and guide parents, teachers, school districts, and other
10.13interested persons and to use in developing tests consistent with the benchmarks.
10.14(b) The commissioner shall publish benchmarks in the State Register to inform and
10.15guide parents, teachers, school districts, and other interested persons and transmit the
10.16benchmarks in any other manner that makes them accessible to the general public. The
10.17commissioner must use benchmarks in developing tests under section 120B.30. The
10.18commissioner may charge a reasonable fee for publications.
10.19(c) Once established, the commissioner may change the benchmarks only with
10.20specific legislative authorization and after completing a review under subdivision 2.
10.21(d) The commissioner must develop and implement a system for reviewing each
10.22of the required academic standards and related benchmarks and elective standards on a
10.23periodic cycle, consistent with subdivision 2.
10.24(e) (d) The benchmarks are not subject to chapter 14 and section 14.386 does not
10.25apply.
10.26    Subd. 2. Revisions and reviews required. (a) The commissioner of education must
10.27revise and appropriately embed technology and information literacy standards consistent
10.28with recommendations from school media specialists into the state's academic standards
10.29and graduation requirements and implement a review cycle for state academic standards
10.30and related benchmarks, consistent with this subdivision. During each review cycle, the
10.31commissioner also must examine the alignment of each required academic standard and
10.32related benchmark with the knowledge and skills students need for college readiness
10.33and advanced work in the particular subject area. The commissioner must include the
10.34contributions of Minnesota American Indian tribes and communities as they relate to the
10.35academic standards during the review and revision of the required academic standards.
11.1(b) The commissioner in the 2006-2007 school year must revise and align the state's
11.2academic standards and high school graduation requirements in mathematics to require
11.3that students satisfactorily complete the revised mathematics standards, beginning in the
11.42010-2011 school year. Under the revised standards:
11.5(1) students must satisfactorily complete an algebra I credit by the end of eighth
11.6grade; and
11.7(2) students scheduled to graduate in the 2014-2015 school year or later must
11.8satisfactorily complete an algebra II credit or its equivalent.
11.9    (b) The commissioner also must ensure that the statewide mathematics assessments
11.10administered to students in grades 3 through 8 and 11 are aligned with the state academic
11.11standards in mathematics, consistent with section 120B.30, subdivision 1, paragraph
11.12(b). The commissioner must implement a review of the academic standards and related
11.13benchmarks in mathematics beginning in the 2015-2016 school year.
11.14(c) The commissioner in the 2007-2008 school year must revise and align the state's
11.15academic standards and high school graduation requirements in the arts to require that
11.16students satisfactorily complete the revised arts standards beginning in the 2010-2011
11.17school year. The commissioner must implement a review of the academic standards and
11.18related benchmarks in arts beginning in the 2016-2017 school year.
11.19(d) The commissioner in the 2008-2009 school year must revise and align the state's
11.20academic standards and high school graduation requirements in science to require that
11.21students satisfactorily complete the revised science standards, beginning in the 2011-2012
11.22school year. Under the revised standards, students scheduled to graduate in the 2014-2015
11.23school year or later must satisfactorily complete a chemistry or physics credit or a career
11.24and technical education credit that meets standards underlying the chemistry, physics,
11.25or biology credit or a combination of those standards approved by the district. The
11.26commissioner must implement a review of the academic standards and related benchmarks
11.27in science beginning in the 2017-2018 school year.
11.28(e) The commissioner in the 2009-2010 school year must revise and align the state's
11.29academic standards and high school graduation requirements in language arts to require
11.30that students satisfactorily complete the revised language arts standards beginning in the
11.312012-2013 school year. The commissioner must implement a review of the academic
11.32standards and related benchmarks in language arts beginning in the 2018-2019 school year.
11.33(f) The commissioner in the 2010-2011 school year must revise and align the state's
11.34academic standards and high school graduation requirements in social studies to require
11.35that students satisfactorily complete the revised social studies standards beginning in the
12.12013-2014 school year. The commissioner must implement a review of the academic
12.2standards and related benchmarks in social studies beginning in the 2019-2020 school year.
12.3(g) School districts and charter schools must revise and align local academic
12.4standards and high school graduation requirements in health, world languages, and career
12.5and technical education to require students to complete the revised standards beginning
12.6in a school year determined by the school district or charter school. School districts and
12.7charter schools must formally establish a periodic review cycle for the academic standards
12.8and related benchmarks in health, world languages, and career and technical education.

12.9    Sec. 5. Minnesota Statutes 2012, section 120B.024, is amended to read:
12.10120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS.
12.11    Subdivision 1. Graduation requirements. (a) Students beginning 9th grade in the
12.122011-2012 school year and later must successfully complete the following high school
12.13level course credits for graduation:
12.14    (1) four credits of language arts sufficient to satisfy all of the academic standards
12.15in English language arts;
12.16    (2) three credits of mathematics, encompassing at least algebra, geometry, statistics,
12.17and probability including an algebra II credit or its equivalent, sufficient to satisfy all of
12.18the academic standard standards in mathematics;
12.19(3) an algebra I credit by the end of 8th grade sufficient to satisfy all of the 8th
12.20grade standards in mathematics;
12.21    (3) (4) three credits of science, including at least: (i) one credit in of biology; and
12.22(ii) one chemistry or physics credit or a career and technical education credit that meets
12.23standards underlying the chemistry, physics, or biology credit or a combination of those
12.24standards approved by the district, but meeting biology standards under this item does not
12.25meet the biology requirement under item (i), one credit of chemistry or physics, and one
12.26elective credit of science. The combination of credits under this clause must be sufficient
12.27to satisfy (i) all of the academic standards in either chemistry or physics and (ii) all other
12.28academic standards in science;
12.29    (4) (5) three and one-half credits of social studies, encompassing at least United
12.30States history, geography, government and citizenship, world history, and economics or
12.31three credits of social studies encompassing at least United States history, geography,
12.32government and citizenship, and world history, and one-half credit of economics taught in
12.33a school's social studies, agriculture education, or business department sufficient to satisfy
12.34all of the academic standards in social studies;
13.1    (5) (6) one credit in of the arts sufficient to satisfy all of the state or local academic
13.2standards in the arts; and
13.3    (6) (7) a minimum of seven elective course credits.
13.4    A course credit is equivalent to a student successfully completing an academic
13.5year of study or a student mastering the applicable subject matter, as determined by the
13.6local school district.
13.7    Subd. 2. Credit equivalencies. (a) A one-half credit of economics taught in a
13.8school's agriculture education or business department may fulfill a one-half credit in
13.9social studies under subdivision 1, clause (5), if the credit is sufficient to satisfy all of the
13.10academic standards in economics.
13.11    (b) An agriculture science course or career and technical education credit may fulfill
13.12a the elective science credit requirement other than the specified science credit in biology
13.13 under paragraph (a), clause (3). subdivision 1, clause (4), if the course meets academic
13.14standards in science as approved by the district. An agriculture science or career and
13.15technical education credit may fulfill the credit in chemistry or physics required under
13.16subdivision 1, clause (4), if (1) the credit meets a combination of the chemistry, physics,
13.17and biology academic standards as approved by the district and (2) the student satisfies
13.18either all of the chemistry academic standards or all of the physics academic standards
13.19prior to graduation. An agriculture science or career and technical education credit may
13.20not fulfill the biology credit required under subdivision 1, clause (4).
13.21    (c) A career and technical education course credit may fulfill a mathematics or arts
13.22credit requirement or a science credit requirement other than the specified science credit in
13.23biology under paragraph (a) subdivision 1, clause (2), (3), or (5) (6).
13.24EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
13.25students entering 9th grade in the 2013-2014 school year and later.

13.26    Sec. 6. Minnesota Statutes 2012, section 120B.15, is amended to read:
13.27120B.15 GIFTED AND TALENTED STUDENTS PROGRAMS.
13.28    (a) School districts may identify students, locally develop programs addressing
13.29instructional and affective needs, provide staff development, and evaluate programs to
13.30provide gifted and talented students with challenging and appropriate educational programs.
13.31    (b) School districts may must adopt guidelines for assessing and identifying students
13.32for participation in gifted and talented programs. The guidelines should include the use of:
13.33    (1) multiple and objective criteria; and
14.1    (2) assessments and procedures that are valid and reliable, fair, and based on current
14.2theory and research. Assessments and procedures should be sensitive to underrepresented
14.3groups, including, but not limited to, low-income, minority, twice-exceptional, and
14.4English learners.
14.5    (c) School districts must adopt procedures for the academic acceleration of gifted
14.6and talented students. These procedures must include how the district will:
14.7    (1) assess a student's readiness and motivation for acceleration; and
14.8    (2) match the level, complexity, and pace of the curriculum to a student to achieve
14.9the best type of academic acceleration for that student.
14.10(d) School districts must adopt procedures for early admission to kindergarten
14.11or first grade of gifted and talented learners. The procedures must be sensitive to
14.12underrepresented groups and must address how the district or charter school will:
14.13(1) assess a child's readiness and motivation for accelerations;
14.14(2) assess a child's cognitive abilities, achievement, and performance; and
14.15(3) monitor the child's adjustment postacceleration.
14.16The school district shall admit a gifted and talented child to kindergarten or first
14.17grade who fails to meet the age requirement under section 120A.20, subdivision 1,
14.18paragraph (b), provided the child completes the procedures and meets the criteria for early
14.19entrance adopted by the school board under this subdivision.

14.20    Sec. 7. Minnesota Statutes 2012, section 120B.31, subdivision 1, is amended to read:
14.21    Subdivision 1. Educational accountability and public reporting. Consistent
14.22with the direction to adopt statewide academic standards under section 120B.02, the
14.23department, in consultation with education and other system stakeholders, must establish a
14.24coordinated and comprehensive system of educational accountability and public reporting
14.25that promotes greater academic achievement, preparation for higher academic education,
14.26preparation for the world of work, citizenship under sections 120B.021, subdivision 1,
14.27clause (4), and 120B.024, paragraph (a), clause (4), and the arts.

14.28    Sec. 8. REVISOR'S INSTRUCTION.
14.29The revisor of statutes shall renumber Minnesota Statutes, section 120B.023,
14.30subdivision 2, as Minnesota Statutes, section 120B.021, subdivision 4. The revisor shall
14.31make necessary cross-reference changes consistent with the renumbering.

14.32    Sec. 9. REPEALER.
15.1 Minnesota Rules, parts 3501.0505; 3501.0510; 3501.0515; 3501.0520; 3501.0525;
15.23501.0530; 3501.0535; 3501.0540; 3501.0545; and 3501.0550, are repealed, effective for
15.32014-2015 school year and later.


15.6    Section 1. [120B.21] MENTAL HEALTH EDUCATION.
15.7School districts and charter schools must provide mental health instruction for
15.8students in grades 6 through 12 aligned with local health and physical education standards
15.9and integrated into existing programs, curriculum, or the general school environment of
15.10a district or charter school. The commissioner, in consultation with the commissioner
15.11of human services and mental health organizations, shall provide districts and charter
15.12schools with:
15.13(1) age-appropriate model learning activities for grades 6 through 12 that encompass
15.14the mental health components of the National Health Education Standards and the
15.15benchmarks developed by the department's quality teaching network in health and physical
15.16education, and best practices in mental health education; and
15.17(2) a directory of resources for planning and implementing age-appropriate mental
15.18health curriculum and instruction in grades 6 through 12.
15.19EFFECTIVE DATE.This section is effective the day following final enactment.

15.20    Sec. 2. Minnesota Statutes 2012, section 122A.09, subdivision 4, is amended to read:
15.21    Subd. 4. License and rules. (a) The board must adopt rules to license public school
15.22teachers and interns subject to chapter 14.
15.23(b) The board must adopt rules requiring a person to pass a skills examination in
15.24reading, writing, and mathematics as a requirement for initial teacher licensure, except
15.25that the board may issue a temporary, one-year teaching license to an otherwise qualified
15.26candidate who has not passed the skills exam at the time the candidate successfully
15.27completes an approved teacher preparation program. A person who is a nonnative English
15.28language speaker as verified by qualified Minnesota school district personnel or Minnesota
15.29higher education institution faculty and who directly instructs in that other language or
15.30provides world language instruction under section 120B.022, subdivision 1, in that other
15.31language may take and pass the skills examination at any time up to 36 months after
15.32becoming otherwise eligible for an initial teaching license and may hold a temporary
15.33teaching license during that time. Such rules must require college and universities offering
15.34a board-approved teacher preparation program to provide remedial assistance to persons
16.1who did not achieve a qualifying score on the skills examination, including those for
16.2whom English is a second language.
16.3(c) The board must adopt rules to approve teacher preparation programs. The board,
16.4upon the request of a postsecondary student preparing for teacher licensure or a licensed
16.5graduate of a teacher preparation program, shall assist in resolving a dispute between the
16.6person and a postsecondary institution providing a teacher preparation program when the
16.7dispute involves an institution's recommendation for licensure affecting the person or the
16.8person's credentials. At the board's discretion, assistance may include the application
16.9of chapter 14.
16.10(d) The board must provide the leadership and adopt rules for the redesign of teacher
16.11education programs to implement a research based, results-oriented curriculum that
16.12focuses on the skills teachers need in order to be effective. The board shall implement new
16.13systems of teacher preparation program evaluation to assure program effectiveness based
16.14on proficiency of graduates in demonstrating attainment of program outcomes. Teacher
16.15preparation programs including alternative teacher preparation programs under section
16.16122A.245 , among other programs, must include a content-specific, board-approved,
16.17performance-based assessment that measures teacher candidates in three areas: planning
16.18for instruction and assessment; engaging students and supporting learning; and assessing
16.19student learning.
16.20(e) The board must adopt rules requiring candidates for initial licenses to pass an
16.21examination of general pedagogical knowledge and examinations of licensure-specific
16.22teaching skills. The rules shall be effective by September 1, 2001. The rules under this
16.23paragraph also must require candidates for initial licenses to teach prekindergarten or
16.24elementary students to pass, as part of the examination of licensure-specific teaching
16.25skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive,
16.26scientifically based reading instruction under section 122A.06, subdivision 4, and their
16.27knowledge and understanding of the foundations of reading development, the development
16.28of reading comprehension, and reading assessment and instruction, and their ability to
16.29integrate that knowledge and understanding.
16.30(f) The board must adopt rules requiring teacher educators to work directly with
16.31elementary or secondary school teachers in elementary or secondary schools to obtain
16.32periodic exposure to the elementary or secondary teaching environment.
16.33(g) The board must grant licenses to interns and to candidates for initial licenses
16.34based on appropriate professional competencies that are aligned with the board's licensing
16.35system and students' diverse learning needs. The board must include these licenses in a
16.36statewide differentiated licensing system that creates new leadership roles for successful
17.1experienced teachers premised on a collaborative professional culture dedicated to meeting
17.2students' diverse learning needs in the 21st century and formalizes mentoring and induction
17.3for newly licensed teachers that is provided through a teacher support framework.
17.4(h) The board must design and implement an assessment system which requires a
17.5candidate for an initial license and first continuing license to demonstrate the abilities
17.6necessary to perform selected, representative teaching tasks at appropriate levels.
17.7(i) The board must receive recommendations from local committees as established
17.8by the board for the renewal of teaching licenses.
17.9(j) The board must grant life licenses to those who qualify according to requirements
17.10established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and
17.11214.10 . The board must not establish any expiration date for application for life licenses.
17.12(k) The board must adopt rules that require all licensed teachers who are renewing
17.13their continuing license to include in their renewal requirements further preparation in
17.14the areas of using positive behavior interventions and in accommodating, modifying, and
17.15adapting curricula, materials, and strategies to appropriately meet the needs of individual
17.16students and ensure adequate progress toward the state's graduation rule.
17.17(l) In adopting rules to license public school teachers who provide health-related
17.18services for disabled children, the board shall adopt rules consistent with license or
17.19registration requirements of the commissioner of health and the health-related boards who
17.20license personnel who perform similar services outside of the school.
17.21(m) The board must adopt rules that require all licensed teachers who are renewing
17.22their continuing license to include in their renewal requirements further reading
17.23preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect
17.24until they are approved by law. Teachers who do not provide direct instruction including, at
17.25least, counselors, school psychologists, school nurses, school social workers, audiovisual
17.26directors and coordinators, and recreation personnel are exempt from this section.
17.27(n) The board must adopt rules that require all licensed teachers who are renewing
17.28their continuing license to include in their renewal requirements further preparation,
17.29first, in understanding the key warning signs of early-onset mental illness in children
17.30and adolescents and then, during subsequent licensure renewal periods, preparation may
17.31include providing a more in-depth understanding of students' mental illness, trauma,
17.32accommodations for students' mental illness, parents' role in addressing students' mental
17.33illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section 125A.0942
17.34governing restrictive procedures, and de-escalation methods, among other similar topics.
17.35(o) The board must establish an appeals process for nonnative English language
17.36speaker candidates under paragraph (b) who have not achieved a passing score on the
18.1examination. The appeals process must allow a candidate to demonstrate the candidate's
18.2competence by an alternative, equally rigorous method.
18.3EFFECTIVE DATE.Paragraphs (b) and (o) are effective the day following final
18.4enactment. Paragraph (n) is effective August 1, 2014.

18.5    Sec. 3. Minnesota Statutes 2012, section 122A.18, subdivision 2, is amended to read:
18.6    Subd. 2. Teacher and support personnel qualifications. (a) The Board of
18.7Teaching must issue licenses under its jurisdiction to persons the board finds to be
18.8qualified and competent for their respective positions.
18.9(b) The board must require a person to pass an examination of skills in reading,
18.10writing, and mathematics before being granted an initial teaching license to provide direct
18.11instruction to pupils in prekindergarten, elementary, secondary, or special education
18.12programs, except that the board may issue a temporary, one-year teaching license to an
18.13otherwise qualified candidate who has not passed the skills exam at the time the candidate
18.14successfully completes an approved teacher preparation program. The board may grant
18.15up to three one-year temporary teaching licenses to a person who is a nonnative English
18.16language speaker as verified by qualified Minnesota school district personnel or Minnesota
18.17higher education institution faculty and directly instructs in that other language or provides
18.18world language instruction under section 120B.022, subdivision 1, in that other language,
18.19consistent with section 122A.09, subdivision 4, paragraph (b). The board must require
18.20colleges and universities offering a board approved teacher preparation program to
18.21provide make available upon request remedial assistance that includes a formal diagnostic
18.22component to persons enrolled in their institution who did not achieve a qualifying score
18.23on the skills examination, including those for whom English is a second language. The
18.24colleges and universities must provide make available assistance in the specific academic
18.25areas of deficiency in which the person did not achieve a qualifying score. School districts
18.26may make available upon request similar, appropriate, and timely remedial assistance that
18.27includes a formal diagnostic component to those persons employed by the district who
18.28completed their teacher education program, who did not achieve a qualifying score on
18.29the skills examination, including those persons for whom English is a second language
18.30and persons under section 122A.23, subdivision 2, paragraph (h), who completed their
18.31teacher's education program outside the state of Minnesota, and who received a temporary,
18.32one-year license to teach in Minnesota. The Board of Teaching shall report annually to the
18.33education committees of the legislature on the total number of teacher candidates during
18.34the most recent school year taking the skills examination, the number who achieve a
18.35qualifying score on the examination, the number who do not achieve a qualifying score on
19.1the examination, the distribution of all candidates' scores, the number of candidates who
19.2have taken the examination at least once before, and the number of candidates who have
19.3taken the examination at least once before and achieve a qualifying score, and the number
19.4of nonnative English language speakers taking the examination under this paragraph.
19.5(c) A person who has completed an approved teacher preparation program and
19.6obtained a temporary, one-year teaching license, but has not passed the skills exam, may
19.7have the board renew the temporary one-year license but not more than two times after
19.8February 1, 2014, if the licensee:
19.9(1) provides evidence of participating in an approved remedial assistance program
19.10through a school district or postsecondary institution that includes a formal diagnostic
19.11component in the specific subject areas the licensee did not pass;
19.12(2) attempts to pass the skills exam during the one-year licensure period; and
19.13(3) the school district employing the licensee requests that the licensee continue to
19.14teach for that district under a temporary license.
19.15(d) The Board of Teaching must grant continuing licenses only to those persons who
19.16have met board criteria for granting a continuing license, which includes passing the skills
19.17examination in reading, writing, and mathematics, consistent with paragraph (b), and
19.18section 122A.09, subdivision 4, paragraph (b).
19.19(d) (e) All colleges and universities approved by the board of teaching to prepare
19.20persons for teacher licensure must include in their teacher preparation programs a common
19.21core of teaching knowledge and skills to be acquired by all persons recommended
19.22for teacher licensure. This common core shall meet the standards developed by the
19.23interstate new teacher assessment and support consortium in its 1992 "model standards for
19.24beginning teacher licensing and development." Amendments to standards adopted under
19.25this paragraph are covered by chapter 14. The board of teaching shall report annually to
19.26the education committees of the legislature on the performance of teacher candidates
19.27on common core assessments of knowledge and skills under this paragraph during the
19.28most recent school year.
19.29EFFECTIVE DATE.This section is effective the day following final enactment.

19.30    Sec. 4. Minnesota Statutes 2012, section 122A.23, subdivision 2, is amended to read:
19.31    Subd. 2. Applicants licensed in other states. (a) Subject to the requirements of
19.32sections 122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue a teaching
19.33license or a temporary teaching license under paragraphs (b) to (e) to an applicant who holds
19.34at least a baccalaureate degree from a regionally accredited college or university and holds
19.35or held a similar out-of-state teaching license that requires the applicant to successfully
20.1complete a teacher preparation program approved by the issuing state, which includes
20.2field-specific teaching methods and student teaching or essentially equivalent experience.
20.3(b) The Board of Teaching must issue a teaching license to an applicant who:
20.4(1) successfully completed all exams and human relations preparation components
20.5required by the Board of Teaching; and
20.6(2) holds or held an out-of-state teaching license to teach the same content field and
20.7grade levels if the scope of the out-of-state license is no more than one grade level less
20.8than a similar Minnesota license.
20.9(c) The Board of Teaching, consistent with board rules and paragraph (h), must
20.10issue up to three one-year temporary teaching licenses to an applicant who holds or held
20.11an out-of-state teaching license to teach the same content field and grade levels, where
20.12the scope of the out-of-state license is no more than one grade level less than a similar
20.13Minnesota license, but has not successfully completed all exams and human relations
20.14preparation components required by the Board of Teaching.
20.15(d) The Board of Teaching, consistent with board rules, must issue up to three
20.16one-year temporary teaching licenses to an applicant who:
20.17(1) successfully completed all exams and human relations preparation components
20.18required by the Board of Teaching; and
20.19(2) holds or held an out-of-state teaching license to teach the same content field
20.20and grade levels, where the scope of the out-of-state license is no more than one grade
20.21level less than a similar Minnesota license, but has not completed field-specific teaching
20.22methods or student teaching or equivalent experience.
20.23The applicant may complete field-specific teaching methods and student teaching
20.24or equivalent experience by successfully participating in a one-year school district
20.25mentorship program consistent with board-adopted standards of effective practice and
20.26Minnesota graduation requirements.
20.27(e) The Board of Teaching must issue a temporary teaching license for a term of
20.28up to three years only in the content field or grade levels specified in the out-of-state
20.29license to an applicant who:
20.30(1) successfully completed all exams and human relations preparation components
20.31required by the Board of Teaching; and
20.32(2) holds or held an out-of-state teaching license where the out-of-state license is
20.33more limited in the content field or grade levels than a similar Minnesota license.
20.34(f) The Board of Teaching must not issue to an applicant more than three one-year
20.35temporary teaching licenses under this subdivision.
21.1(g) The Board of Teaching must not issue a license under this subdivision if the
21.2applicant has not attained the additional degrees, credentials, or licenses required in a
21.3particular licensure field.
21.4(h) The Board of Teaching must require An applicant for a teaching license or a
21.5temporary teaching license under this subdivision to must pass a skills examination in
21.6reading, writing, and mathematics before the board issues the applicant a continuing
21.7teaching license. Consistent with section 122A.18, subdivision 2, paragraph (c), and
21.8notwithstanding other provisions of this subdivision, the board may issue a temporary,
21.9one-year teaching license to an otherwise qualified applicant who has not passed the skills
21.10exam and the board may renew this temporary license but not more than two times after
21.11February 1, 2014, if the school district employing the applicant requests that the applicant
21.12continue to teach for that district under a temporary license.
21.13EFFECTIVE DATE.This section is effective the day following final enactment.

21.14    Sec. 5. Minnesota Statutes 2012, section 122A.28, subdivision 1, is amended to read:
21.15    Subdivision 1. K-12 license to teach deaf and hard-of-hearing students;
21.16relicensure. (a) The Board of Teaching must review and determine appropriate licensure
21.17requirements for a candidate for a license or an applicant for a continuing license to teach
21.18deaf and hard-of-hearing students in prekindergarten through grade 12. In addition to
21.19other requirements, a candidate must demonstrate the minimum level of proficiency in
21.20American sign language as determined by the board.
21.21(b) Among other relicensure requirements, each teacher under this section must
21.22complete 30 continuing education clock hours on hearing loss topics, including American
21.23Sign Language, American Sign Language linguistics, and deaf culture, for every 120
21.24continuing education clock hours the teacher must complete for licensure renewal.
21.25EFFECTIVE DATE.This section is effective August 1, 2013.

21.26    Sec. 6. Minnesota Statutes 2012, section 124D.122, is amended to read:
21.27124D.122 ESTABLISHMENT OF FLEXIBLE LEARNING YEAR PROGRAM.
21.28The board of any district or a consortium of districts, with the approval of the
21.29commissioner, may establish and operate a flexible learning year program in one or
21.30more of the day or residential facilities for children with a disability within the district.
21.31 Consortiums may use a single application and evaluation process, though results, public
21.32hearings, and board approvals must be obtained for each district.

22.1    Sec. 7. Minnesota Statutes 2012, section 124D.128, subdivision 2, is amended to read:
22.2    Subd. 2. Commissioner designation. (a) A state-approved alternative program
22.3designated by the state must be a site. A state-approved alternative program must provide
22.4services to students who meet the criteria in section 124D.68 and who are enrolled in:
22.5    (1) a district that is served by the state-approved alternative program; or
22.6    (2) a charter school located within the geographic boundaries of a district that is
22.7served by the state-approved alternative program.
22.8    (b) A school district or charter school may be approved biennially by the state to
22.9provide additional instructional programming that results in grade level acceleration. The
22.10program must be designed so that students make grade progress during the school year
22.11and graduate prior to the students' peers.
22.12    (c) (b) To be designated, a district, charter school, or state-approved alternative
22.13program must demonstrate to the commissioner that it will:
22.14    (1) provide a program of instruction that permits pupils to receive instruction
22.15throughout the entire year; and
22.16    (2) develop and maintain a separate record system that, for purposes of section
22.17126C.05 , permits identification of membership attributable to pupils participating in the
22.18program. The record system and identification must ensure that the program will not have
22.19the effect of increasing the total average daily membership attributable to an individual
22.20pupil as a result of a learning year program. The record system must include the date the
22.21pupil originally enrolled in a learning year program, the pupil's grade level, the date of
22.22each grade promotion, the average daily membership generated in each grade level, the
22.23number of credits or standards earned, and the number needed to graduate.
22.24    (d) (c) A student who has not completed a school district's graduation requirements
22.25may continue to enroll in courses the student must complete in order to graduate until
22.26the student satisfies the district's graduation requirements or the student is 21 years old,
22.27whichever comes first.

22.28    Sec. 8. Minnesota Statutes 2012, section 124D.79, subdivision 1, is amended to read:
22.29    Subdivision 1. Community involvement. The commissioner must provide for the
22.30maximum involvement of the state committees on American Indian education, parents
22.31of American Indian children, secondary students eligible to be served, American Indian
22.32language and culture education teachers, American Indian teachers, teachers' aides,
22.33representatives of community groups, and persons knowledgeable in the field of American
22.34Indian education, in the formulation of policy and procedures relating to the administration
22.35of sections 124D.71 to 124D.82. The commissioner must annually hold a field hearing on
23.1Indian education to gather input from American Indian educators, parents, and students on
23.2the state of American Indian education in Minnesota. Results of the hearing must be made
23.3available to all 11 tribal nations for review and comment.

23.4    Sec. 9. Minnesota Statutes 2012, section 124D.79, is amended by adding a subdivision
23.5to read:
23.6    Subd. 4. Consultation with the tribal nations education committee. (a) The
23.7commissioner shall seek consultation with the Tribal Nations Education Committee on all
23.8issues relating to American Indian education including:
23.9(1) administration of the commissioner's duties under sections 124D.71 to 124D.82
23.10and other programs;
23.11(2) administration of other programs for the education of American Indian people, as
23.12determined by the commissioner;
23.13(3) awarding of scholarships to eligible American Indian students;
23.14(4) administration of the commissioner's duties regarding awarding of American
23.15Indian postsecondary preparation grants to school districts; and
23.16(5) recommendations of education policy changes for American Indians.
23.17(b) Membership in the Tribal Nations Education Committee is the sole discretion
23.18of the committee and nothing in this subdivision gives the commissioner authority to
23.19dictate committee membership.

23.20    Sec. 10. [124D.791] INDIAN EDUCATION DIRECTOR.
23.21    Subdivision 1. Appointment. An Indian education director shall be appointed by
23.22the commissioner.
23.23    Subd. 2. Qualifications. The commissioner shall select the Indian education
23.24director on the basis of outstanding professional qualifications and knowledge of
23.25American Indian education, culture, practices, and beliefs. The Indian education director
23.26serves in the unclassified service. The commissioner may remove the Indian education
23.27director for cause. The commissioner is encouraged to seek qualified applicants who
23.28are enrolled members of a tribe.
23.29    Subd. 3. Compensation. Compensation of the Indian education director shall be
23.30established under chapter 15A.
23.31    Subd. 4. Duties; powers. (a) The Indian education director shall:
23.32(1) serve as the liaison for the department with the Tribal Nations Education
23.33Committee, the 11 reservations, the Minnesota Chippewa tribe, the Minnesota Indian
23.34Affairs Council, and the urban advisory council;
24.1(2) evaluate the state of American Indian education in Minnesota;
24.2(3) engage the tribal bodies, community groups, parents of children eligible to
24.3be served by Indian education programs, American Indian administrators and teachers,
24.4persons experienced in the training of teachers for American Indian education programs,
24.5the tribally controlled schools, and other persons knowledgeable in the field of American
24.6Indian education and seek their advice on policies that can improve the quality of
24.7American Indian education;
24.8(4) advise the commissioner on American Indian education issues, including:
24.9(i) issues facing American Indian students;
24.10(ii) policies for American Indian education;
24.11(iii) awarding scholarships to eligible American Indian students and in administering
24.12the commissioner's duties regarding awarding of American Indian postsecondary
24.13preparation grants to school districts; and
24.14(iv) administration of the commissioner's duties under sections 124D.71 to 124D.82
24.15and other programs for the education of American Indian people;
24.16(5) propose to the commissioner legislative changes that will improve the quality
24.17of American Indian education;
24.18(6) develop a strategic plan and a long-term framework for American Indian
24.19education, in conjunction with the Minnesota Indian Affairs Council, that is updated every
24.20five years and implemented by the commissioner, with goals to:
24.21(i) increase American Indian student achievement, including increased levels of
24.22proficiency and growth on statewide accountability assessments;
24.23(ii) increase the number of American Indian teachers in public schools;
24.24(iii) close the achievement gap between American Indian students and their more
24.25advantaged peers;
24.26(iv) increase the statewide graduation rate for American Indian students; and
24.27(v) increase American Indian student placement in postsecondary programs and
24.28the workforce; and
24.29(7) keep the American Indian community informed about the work of the department
24.30by reporting to the Tribal Nations Education Committee at each committee meeting.

24.31    Sec. 11. CAREER AND TECHNICAL EDUCATION ADVISORY TASK FORCE.
24.32    Subdivision 1. Recommendations. (a) A career and technical education advisory
24.33task force is established to make recommendations to the Minnesota legislature for
24.34improving (1) student outcomes in grades 11 to 14, (2) alignment between secondary and
24.35postsecondary education programs serving students in grades 11 to 14, (3) alignment
25.1between education programs for students in grades 11 to 14 and Minnesota's workforce
25.2needs, and (4) the efficiency and cost-effectiveness of Minnesota's public secondary and
25.3postsecondary programs serving students in grades 11 to 14. Advisory task force members
25.4must examine the role of education providers, employers, policy makers, and other
25.5interested stakeholders in realizing these improvements.
25.6(b) In developing recommendations for improving student outcomes, advisory task
25.7force members must at least consider how to (1) better inform students about career options,
25.8occupational trends, and educational paths leading to viable and rewarding careers, (2)
25.9develop and adapt as needed an education and work plan for each student aligned with the
25.10student's personal and professional interests, abilities, skills, and aspirations, (3) monitor,
25.11assess, and increase students' achievement levels in high school, (4) better prepare high
25.12school students for postsecondary education meeting their career goals, and (5) increase the
25.13rates at which students complete a postsecondary certificate, industry license, or degree.
25.14(c) In developing recommendations for better aligning Minnesota's secondary and
25.15postsecondary education programs for students in grades 11 to 14, advisory task force
25.16members must at least consider how to (1) improve monitoring of high school students'
25.17progress to better target interventions and support and remove the need for remedial
25.18instruction, (2) better align high school courses and expectations and postsecondary
25.19credit-bearing courses, (3) better align high school standards and assessments with
25.20postsecondary readiness measures and entrance requirements, and (4) increase student
25.21persistence and completion rates.
25.22(d) In developing recommendations for better aligning education programs for
25.23students in grades 11 to 14 and the preparation necessary to meet Minnesota's workforce
25.24needs, advisory task force members must at least consider how to (1) more closely
25.25align state kindergarten through grade 12 academic standards, high school graduation
25.26requirements, and the expectations of postsecondary institutions and Minnesota employers,
25.27(2) enable more high school students to pursue postsecondary education and training
25.28leading to a certificate, industry license, or degree in a high-demand and high-reward
25.29field, (3) reduce the gap between the demand for and preparation of a skilled Minnesota
25.30workforce, and (4) provide graduates of two-year and four-year postsecondary institutions
25.31with the foundational skills needed for civic engagement, ongoing employment, and
25.32continuous learning.
25.33(e) In developing recommendations for better aligning efficient and cost-effective
25.34secondary and postsecondary programs for students in grades 11 to 14, advisory task force
25.35members must at least consider how to (1) give high school students earlier and increased
26.1access to postsecondary credit-bearing courses, and (2) provide targeted interventions and
26.2support to help high school students avoid postsecondary remedial instruction.
26.3(f) In developing recommendations under this subdivision, advisory task force
26.4members are encouraged to consider how to structurally redesign secondary and
26.5postsecondary education to (1) align Minnesota's statewide high school assessment system
26.6with measures of readiness for postsecondary education, (2) provide targeted intervention
26.7and support to students who are at risk of not graduating or off track for graduating from
26.8high school, (3) increase and accelerate opportunities for secondary students to earn
26.9postsecondary credits leading to a certificate, industry license, or degree, and (4) better
26.10understand students' personal and professional interests, abilities, skills, and aspirations
26.11and align that understanding with postsecondary education and careers.
26.12    Subd. 2. Task force membership and operation. (a) Advisory task force
26.13members must include representatives of the following entities selected by that entity:
26.14the Minnesota Association of Career and Technical Administrators; the Minnesota
26.15Association for Career and Technical Education; University of Minnesota and Minnesota
26.16State Colleges and Universities faculty working to develop career and technical educators
26.17in Minnesota; the National Research Center for Career and Technical Education; the
26.18Minnesota Department of Education; the Minnesota Department of Employment and
26.19Economic Development; the Minnesota Board of Teaching; the Minnesota Association of
26.20Colleges for Teacher Education; and any other representatives selected by the task force
26.21members. The education commissioner, or the commissioner's designee, must convene the
26.22task force. Task force members are not eligible for compensation or reimbursement for
26.23expenses related to task force activities.
26.24(b) The education commissioner, upon request, must provide technical assistance to
26.25the task force.
26.26(c) The task force must submit its recommendations under this section to the
26.27legislative committees with jurisdiction over kindergarten through grade 12 education by
26.28February 15, 2014.
26.29EFFECTIVE DATE.This section is effective the day following final enactment.

26.30    Sec. 12. TEACHER LICENSURE ADVISORY TASK FORCE.
26.31    Subdivision 1. Establishment and duties. (a) A Teacher Licensure Advisory
26.32Task Force is established to make recommendations to the Board of Teaching, the
26.33education commissioner, and the education committees of the legislature on requirements
26.34for: teacher applicants to demonstrate mastery of college-level reading, writing, and
27.1mathematics skills through nationally normed assessments, a college-level skills portfolio,
27.2or accredited college coursework, among other methods of demonstrating basic skills
27.3mastery; and an alternative licensure pathway for nonnative English speakers seeking
27.4licensure to teach in a language immersion program.
27.5(b) Task force recommendations on how teacher candidates demonstrate
27.6college-level skills mastery must encompass the following criteria:
27.7(1) assessment content must be relevant to the teacher's subject area licensure;
27.8(2) the scope of assessment content must be documented in sufficient detail to
27.9correspond to a similarly detailed description of relevant public school curriculum;
27.10(3) the scope of assessment content must be publicly available and readily accessible
27.11on the Web site of the Board of Teaching and all Minnesota board-approved teacher
27.12preparation programs and institutions;
27.13(4) the Board of Teaching and all Minnesota board-approved teacher preparation
27.14programs and institutions, upon request, must make available to the public at cost a written
27.15review of the scope of assessment content;
27.16(5) if applicable, the Board of Teaching and all Minnesota board-approved teacher
27.17preparation programs and institutions annually must post on their Web site up-to-date
27.18longitudinal summary data showing teacher candidates' overall passing rate and the
27.19passing rate for each demographic group of teacher candidates taking a college-level skills
27.20assessment in that school year and in previous school years;
27.21(6) reliable evidence showing assessment content is not culturally biased;
27.22(7) the Board of Teaching and all Minnesota board-approved teacher preparation
27.23programs and institutions must appropriately accommodate teacher candidates
27.24with documented learning disabilities, including an appeals process if a request for
27.25accommodations is denied; and
27.26(8) if applicable, give timely, detailed item analysis feedback to teacher candidates
27.27who do not pass the basic skills assessment sufficient for the candidate to target specific
27.28areas of deficiency for appropriate remediation.
27.29    Subd. 2. Membership. The Teacher Licensure Advisory Task Force shall be
27.30composed of the following 19 members appointed by July 15, 2013:
27.31(1) two members of the Board of Teaching appointed by the board's executive
27.32director;
27.33(2) two representatives from the Department of Education appointed by the
27.34commissioner of education;
27.35(3) two members of the house of representatives, one appointed by the speaker of the
27.36house of representatives, and one appointed by the minority leader;
28.1(4) two senators, one appointed by the Subcommittee on Committees of the
28.2Committee on Rules and Administration, and one appointed by the minority leader;
28.3(5) one elementary school principal from rural Minnesota appointed by the
28.4Minnesota Elementary School Principals Association and one secondary school principal
28.5from the seven-county metropolitan area appointed by the Minnesota Secondary School
28.6Principals Association;
28.7(6) one licensed and practicing public elementary school teacher and one licensed
28.8and practicing secondary school teacher appointed by Education Minnesota;
28.9(7) one teacher preparation faculty member each from the University of Minnesota
28.10system appointed by the system president, the Minnesota State Colleges and Universities
28.11system appointed by the system chancellor, and the Minnesota Private Colleges and
28.12Universities system appointed by the Minnesota Private Colleges Council;
28.13(8) one member of the nonpublic education council appointed by the council;
28.14(9) one representative of Minnesota charter schools appointed by the Minnesota
28.15Charter Schools Association; and
28.16(10) two representatives from the business community, appointed by the Minnesota
28.17Chamber of Commerce.
28.18    Subd. 3. First meeting; chair. The executive director of the Board of Teaching
28.19must convene the task force by August 1, 2013, and shall appoint a chair from the
28.20membership of the task force.
28.21    Subd. 4. Compensation. Task force members are not eligible for compensation or
28.22reimbursement for expenses related to task force activities.
28.23    Subd. 5. Support. The executive director of the board and the commissioner of
28.24education must provide technical assistance to task force members upon request.
28.25    Subd. 6. Report. By February 1, 2014, task force members must submit to the
28.26Board of Teaching, the education commissioner, and to the chairs and ranking minority
28.27members of the senate and house of representatives committees and divisions with
28.28primary jurisdiction over K-12 education their written recommendations on requirements
28.29for teacher applicants to demonstrate mastery of basic reading, writing, and mathematics
28.30skills and for an alternative licensure pathway for nonnative English speakers seeking
28.31licensure to teach in a language immersion program.
28.32    Subd. 7. Sunset. The task force shall sunset the day after submitting the report
28.33under subdivision 6, or February 2, 2014, whichever is earlier.
29.1EFFECTIVE DATE.This section is effective the day following final enactment.


29.4    Section 1. Minnesota Statutes 2012, section 124D.10, is amended to read:
29.5124D.10 CHARTER SCHOOLS.
29.6    Subdivision 1. Purposes. (a) The primary purpose of this section is to:
29.7    (1) improve pupil learning and student achievement;. Additional purposes include to:
29.8    (2) (1) increase learning opportunities for pupils;
29.9    (3) (2) encourage the use of different and innovative teaching methods;
29.10    (4) (3) measure learning outcomes and create different and innovative forms of
29.11measuring outcomes;
29.12    (5) (4) establish new forms of accountability for schools; and or
29.13    (6) (5) create new professional opportunities for teachers, including the opportunity
29.14to be responsible for the learning program at the school site.
29.15    (b) This section does not provide a means to keep open a school that a school board
29.16decides to close. However, a school board may endorse or authorize the establishing of
29.17a charter school to replace the school the board decided to close. Applicants seeking a
29.18charter under this circumstance must demonstrate to the authorizer that the charter sought
29.19is substantially different in purpose and program from the school the board closed and
29.20that the proposed charter satisfies the requirements of this subdivision. If the school
29.21board that closed the school authorizes the charter, it must document in its affidavit to the
29.22commissioner that the charter is substantially different in program and purpose from
29.23the school it closed.
29.24    An authorizer shall not approve an application submitted by a charter school
29.25developer under subdivision 4, paragraph (a), if the application does not comply with this
29.26subdivision. The commissioner shall not approve an affidavit submitted by an authorizer
29.27under subdivision 4, paragraph (b), if the affidavit does not comply with this subdivision.
29.28    Subd. 2. Applicability. This section applies only to charter schools formed and
29.29operated under this section.
29.30    Subd. 3. Authorizer. (a) For purposes of this section, the terms defined in this
29.31subdivision have the meanings given them.
29.32    "Application" to receive approval as an authorizer means the proposal an eligible
29.33authorizer submits to the commissioner under paragraph (c) before that authorizer is able
29.34to submit any affidavit to charter to a school.
30.1    "Application" under subdivision 4 means the charter school business plan a
30.2school developer submits to an authorizer for approval to establish a charter school that
30.3documents the school developer's mission statement, school purposes, program design,
30.4financial plan, governance and management structure, and background and experience,
30.5plus any other information the authorizer requests. The application also shall include a
30.6"statement of assurances" of legal compliance prescribed by the commissioner.
30.7    "Affidavit" means a written statement the authorizer submits to the commissioner
30.8for approval to establish a charter school under subdivision 4 attesting to its review and
30.9approval process before chartering a school.
30.10    (b) The following organizations may authorize one or more charter schools:
30.11    (1) a school board, intermediate school district school board, or education district
30.12organized under sections 123A.15 to 123A.19;
30.13    (2) a charitable organization under section 501(c)(3) of the Internal Revenue Code
30.14of 1986, excluding a nonpublic sectarian or religious institution; any person other than a
30.15natural person that directly or indirectly, through one or more intermediaries, controls,
30.16is controlled by, or is under common control with the nonpublic sectarian or religious
30.17institution; and any other charitable organization under this clause that in the federal IRS
30.18Form 1023, Part IV, describes activities indicating a religious purpose, that:
30.19    (i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on
30.20Foundations;
30.21    (ii) is registered with the attorney general's office; and
30.22    (iii) is incorporated in the state of Minnesota and has been operating continuously
30.23for at least five years but does not operate a charter school;
30.24    (3) a Minnesota private college, notwithstanding clause (2), that grants two- or
30.25four-year degrees and is registered with the Minnesota Office of Higher Education under
30.26chapter 136A; community college, state university, or technical college governed by the
30.27Board of Trustees of the Minnesota State Colleges and Universities; or the University
30.28of Minnesota;
30.29    (4) a nonprofit corporation subject to chapter 317A, described in section 317A.905,
30.30and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code
30.31of 1986, may authorize one or more charter schools if the charter school has operated
30.32for at least three years under a different authorizer and if the nonprofit corporation has
30.33existed for at least 25 years; or
30.34    (5) single-purpose authorizers that are charitable, nonsectarian organizations formed
30.35under section 501(c)(3) of the Internal Revenue Code of 1986 and incorporated in the state
30.36of Minnesota whose sole purpose is to charter schools. Eligible organizations interested
31.1in being approved as an authorizer under this paragraph must submit a proposal to the
31.2commissioner that includes the provisions of paragraph (c) and a five-year financial plan.
31.3Such authorizers shall consider and approve charter school applications using the criteria
31.4provided in subdivision 4 and shall not limit the applications it solicits, considers, or
31.5approves to any single curriculum, learning program, or method.
31.6    (c) An eligible authorizer under this subdivision must apply to the commissioner for
31.7approval as an authorizer before submitting any affidavit to the commissioner to charter
31.8a school. The application for approval as a charter school authorizer must demonstrate
31.9the applicant's ability to implement the procedures and satisfy the criteria for chartering a
31.10school under this section. The commissioner must approve or disapprove an application
31.11within 45 business days of the application deadline. If the commissioner disapproves
31.12the application, the commissioner must notify the applicant of the specific deficiencies
31.13in writing and the applicant then has 20 business days to address the deficiencies to the
31.14commissioner's satisfaction. After the 20 business days expire, the commissioner has 15
31.15business days to make a final decision to approve or disapprove the application. Failing to
31.16address the deficiencies to the commissioner's satisfaction makes an applicant ineligible to
31.17be an authorizer. The commissioner, in establishing criteria for approval, must consider
31.18the applicant's:
31.19    (1) capacity and infrastructure;
31.20    (2) application criteria and process;
31.21    (3) contracting process;
31.22    (4) ongoing oversight and evaluation processes; and
31.23    (5) renewal criteria and processes.
31.24    (d) An applicant must include in its application to the commissioner to be an
31.25approved authorizer at least the following:
31.26    (1) how chartering schools is a way for the organization to carry out its mission;
31.27    (2) a description of the capacity of the organization to serve as an authorizer,
31.28including the personnel who will perform the authorizing duties, their qualifications, the
31.29amount of time they will be assigned to this responsibility, and the financial resources
31.30allocated by the organization to this responsibility;
31.31    (3) a description of the application and review process the authorizer will use to
31.32make decisions regarding the granting of charters;
31.33    (4) a description of the type of contract it will arrange with the schools it charters
31.34that meets the provisions of subdivision 6;
32.1    (5) the process to be used for providing ongoing oversight of the school consistent
32.2with the contract expectations specified in clause (4) that assures that the schools chartered
32.3are complying with both the provisions of applicable law and rules, and with the contract;
32.4    (6) a description of the criteria and process the authorizer will use to grant expanded
32.5applications under subdivision 4, paragraph (j);
32.6    (7) the process for making decisions regarding the renewal or termination of
32.7the school's charter based on evidence that demonstrates the academic, organizational,
32.8and financial competency of the school, including its success in increasing student
32.9achievement and meeting the goals of the charter school agreement; and
32.10    (8) an assurance specifying that the organization is committed to serving as an
32.11authorizer for the full five-year term.
32.12    (e) A disapproved applicant under this section may resubmit an application during a
32.13future application period.
32.14    (f) If the governing board of an approved authorizer votes to withdraw as an
32.15approved authorizer for a reason unrelated to any cause under subdivision 23, the
32.16authorizer must notify all its chartered schools and the commissioner in writing by July
32.1715 of its intent to withdraw as an authorizer on June 30 in the next calendar year. The
32.18commissioner may approve the transfer of a charter school to a new authorizer under this
32.19paragraph after the new authorizer submits an affidavit to the commissioner.
32.20    (g) The authorizer must participate in department-approved training.
32.21    (h) An authorizer that chartered a school before August 1, 2009, must apply by
32.22June 30, 2012, to the commissioner for approval, under paragraph (c), to continue as an
32.23authorizer under this section. For purposes of this paragraph, an authorizer that fails to
32.24submit a timely application is ineligible to charter a school.
32.25    (i) (h) The commissioner shall review an authorizer's performance every five years
32.26in a manner and form determined by the commissioner and may review an authorizer's
32.27performance more frequently at the commissioner's own initiative or at the request of a
32.28charter school operator, charter school board member, or other interested party. The
32.29commissioner, after completing the review, shall transmit a report with findings to the
32.30authorizer. If, consistent with this section, the commissioner finds that an authorizer has
32.31not fulfilled the requirements of this section, the commissioner may subject the authorizer
32.32to corrective action, which may include terminating the contract with the charter school
32.33board of directors of a school it chartered. The commissioner must notify the authorizer
32.34in writing of any findings that may subject the authorizer to corrective action and
32.35the authorizer then has 15 business days to request an informal hearing before the
32.36commissioner takes corrective action. If the commissioner terminates a contract between
33.1an authorizer and a charter school under this paragraph, the commissioner may assist the
33.2charter school in acquiring a new authorizer.
33.3    (j) (i) The commissioner may at any time take corrective action against an authorizer,
33.4including terminating an authorizer's ability to charter a school for:
33.5    (1) failing to demonstrate the criteria under paragraph (c) under which the
33.6commissioner approved the authorizer;
33.7    (2) violating a term of the chartering contract between the authorizer and the charter
33.8school board of directors;
33.9    (3) unsatisfactory performance as an approved authorizer; or
33.10    (4) any good cause shown that provides the commissioner a legally sufficient reason
33.11to take corrective action against an authorizer.
33.12    Subd. 4. Formation of school. (a) An authorizer, after receiving an application from
33.13a school developer, may charter a licensed teacher under section 122A.18, subdivision
33.141 , or a group of individuals that includes one or more licensed teachers under section
33.15122A.18, subdivision 1 , to operate a school subject to the commissioner's approval of the
33.16authorizer's affidavit under paragraph (b). The school must be organized and operated as a
33.17nonprofit corporation under chapter 317A and the provisions under the applicable chapter
33.18shall apply to the school except as provided in this section.
33.19    Notwithstanding sections 465.717 and 465.719, a school district, subject to this
33.20section and section 124D.11, may create a corporation for the purpose of establishing a
33.21charter school.
33.22    (b) Before the operators may establish and operate a school, the authorizer must file
33.23an affidavit with the commissioner stating its intent to charter a school. An authorizer
33.24must file a separate affidavit for each school it intends to charter. The affidavit must state
33.25the terms and conditions under which the authorizer would charter a school and how the
33.26authorizer intends to oversee the fiscal and student performance of the charter school and to
33.27comply with the terms of the written contract between the authorizer and the charter school
33.28board of directors under subdivision 6. The commissioner must approve or disapprove the
33.29authorizer's affidavit within 60 business days of receipt of the affidavit. If the commissioner
33.30disapproves the affidavit, the commissioner shall notify the authorizer of the deficiencies
33.31in the affidavit and the authorizer then has 20 business days to address the deficiencies.
33.32If the authorizer does not address deficiencies to the commissioner's satisfaction, the
33.33commissioner's disapproval is final. Failure to obtain commissioner approval precludes an
33.34authorizer from chartering the school that is the subject of this affidavit.
33.35    (c) The authorizer may prevent an approved charter school from opening for
33.36operation if, among other grounds, the charter school violates this section or does not meet
34.1the ready-to-open standards that are part of the authorizer's oversight and evaluation
34.2process or are stipulated in the charter school contract.
34.3    (d) The operators authorized to organize and operate a school, before entering into a
34.4contract or other agreement for professional or other services, goods, or facilities, must
34.5incorporate as a nonprofit corporation under chapter 317A and must establish a board of
34.6directors composed of at least five members who are not related parties until a timely
34.7election for members of the ongoing charter school board of directors is held according to
34.8the school's articles and bylaws under paragraph (f). A charter school board of directors
34.9must be composed of at least five members who are not related parties. Staff members
34.10employed at the school, including teachers providing instruction under a contract with a
34.11cooperative, and all parents or legal guardians of children enrolled in the school are the
34.12voters eligible to elect the members of the school's board of directors. A charter school
34.13must notify eligible voters of the school board election dates at least 30 days before the
34.14election. Board of director meetings must comply with chapter 13D.
34.15    (e) A charter school shall publish and maintain on the school's official Web site: (1)
34.16the minutes of meetings of the board of directors, and of members and committees having
34.17any board-delegated authority, for at least one calendar year from the date of publication;
34.18(2) directory information for members of the board of directors and committees having
34.19board-delegated authority; and (3) identifying and contact information for the school's
34.20authorizer. Identifying and contact information for the school's authorizer must be
34.21included in other school materials made available to the public. Upon request of an
34.22individual, the charter school must also make available in a timely fashion financial
34.23statements showing all operations and transactions affecting income, surplus, and deficit
34.24during the school's last annual accounting period; and a balance sheet summarizing assets
34.25and liabilities on the closing date of the accounting period. A charter school also must post
34.26on its official Web site information identifying its authorizer and indicate how to contact
34.27that authorizer and include that same information about its authorizer in other school
34.28materials that it makes available to the public.
34.29    (f) Every charter school board member shall attend ongoing training throughout
34.30the member's term on board governance, including training on the board's role and
34.31responsibilities, employment policies and practices, and financial management. A board
34.32member who does not begin the required initial training within six months after being
34.33seated and complete that training within 12 months of being seated on the board is
34.34ineligible to continue to serve as a board member. The school shall include in its annual
34.35report the training attended by each board member during the previous year.
35.1    (g) The ongoing board must be elected before the school completes its third year of
35.2operation. Board elections must be held during the school year but may not be conducted
35.3on days when the school is closed for holidays, breaks, or vacations. The charter school
35.4board of directors shall be composed of at least five nonrelated members and include: (i)
35.5at least one licensed teacher employed as a teacher at the school or a licensed teacher
35.6 providing instruction under contract between the charter school and a cooperative; (ii) the
35.7parent or legal guardian of a student enrolled in the charter school who is not an employee
35.8of the charter school; and (iii) an interested community member who is not employed by
35.9the charter school and does not have a child enrolled in the school. The board may be
35.10a teacher majority board composed of teachers described in this paragraph. The chief
35.11financial officer and the chief administrator may only serve as ex-officio nonvoting board
35.12members and may not serve as a voting member of the board. Charter school employees
35.13shall not serve on the board unless item (i) applies. Contractors providing facilities, goods,
35.14or services to a charter school shall not serve on the board of directors of the charter school.
35.15Board bylaws shall outline the process and procedures for changing the board's governance
35.16model, consistent with chapter 317A. A board may change its governance model only:
35.17    (1) by a majority vote of the board of directors and the licensed teachers employed
35.18by the school, including licensed teachers providing instruction under a contract between
35.19the school and a cooperative; and
35.20    (2) with the authorizer's approval.
35.21    Any change in board governance must conform with the board structure established
35.22under this paragraph.
35.23    (h) The granting or renewal of a charter by an authorizer must not be conditioned
35.24upon the bargaining unit status of the employees of the school.
35.25    (i) The granting or renewal of a charter school by an authorizer must not be
35.26contingent on the charter school being required to contract, lease, or purchase services
35.27from the authorizer. Any potential contract, lease, or purchase of service from an
35.28authorizer must be disclosed to the commissioner, accepted through an open bidding
35.29process, and be a separate contract from the charter contract. The school must document
35.30the open bidding process. An authorizer must not enter into a contract to provide
35.31management and financial services for a school that it authorizes, unless the school
35.32documents that it received at least two competitive bids.
35.33    (j) An authorizer may permit the board of directors of a charter school to expand
35.34the operation of the charter school to additional sites or to add additional grades at the
35.35school beyond those described in the authorizer's original affidavit as approved by
35.36the commissioner only after submitting a supplemental affidavit for approval to the
36.1commissioner in a form and manner prescribed by the commissioner. The supplemental
36.2affidavit must document that:
36.3    (1) the proposed expansion plan demonstrates need and projected enrollment;
36.4    (2) the expansion is warranted, at a minimum, by longitudinal data demonstrating
36.5students' improved academic performance and growth on statewide assessments under
36.6chapter 120B;
36.7    (3) the charter school is financially sound and the financing it needs to implement
36.8the proposed expansion exists; and
36.9    (4) the charter school has the governance structure and management capacity to
36.10carry out its expansion.
36.11    (k) The commissioner shall have 30 business days to review and comment on the
36.12supplemental affidavit. The commissioner shall notify the authorizer of any deficiencies in
36.13the supplemental affidavit and the authorizer then has 20 business days to address, to the
36.14commissioner's satisfaction, any deficiencies in the supplemental affidavit. The school
36.15may not expand grades or add sites until the commissioner has approved the supplemental
36.16affidavit. The commissioner's approval or disapproval of a supplemental affidavit is final.
36.17    Subd. 4a. Conflict of interest. (a) An individual is prohibited from serving as a
36.18member of the charter school board of directors if the individual, an immediate family
36.19member, or the individual's partner is an owner, employee or agent of, or a contractor with a
36.20for-profit or nonprofit entity or individual with whom the charter school contracts, directly
36.21or indirectly, for professional services, goods, or facilities. A violation of this prohibition
36.22renders a contract voidable at the option of the commissioner or the charter school board
36.23of directors. A member of a charter school board of directors who violates this prohibition
36.24is individually liable to the charter school for any damage caused by the violation.
36.25    (b) No member of the board of directors, employee, officer, or agent of a charter
36.26school shall participate in selecting, awarding, or administering a contract if a conflict
36.27of interest exists. A conflict exists when:
36.28    (1) the board member, employee, officer, or agent;
36.29    (2) the immediate family of the board member, employee, officer, or agent;
36.30    (3) the partner of the board member, employee, officer, or agent; or
36.31    (4) an organization that employs, or is about to employ any individual in clauses
36.32(1) to (3),
36.33has a financial or other interest in the entity with which the charter school is contracting.
36.34A violation of this prohibition renders the contract void.
36.35    (c) Any employee, agent, or board member of the authorizer who participates
36.36in the initial review, approval, ongoing oversight, evaluation, or the charter renewal or
37.1nonrenewal process or decision is ineligible to serve on the board of directors of a school
37.2chartered by that authorizer.
37.3    (d) An individual may serve as a member of the board of directors if no conflict of
37.4interest under paragraph (a) exists.
37.5    (e) The conflict of interest provisions under this subdivision do not apply to
37.6compensation paid to a teacher employed as a teacher by the charter school who or a
37.7teacher who provides instructional services to the charter school through a cooperative
37.8formed under chapter 308A when the teacher also serves as a member of on the charter
37.9school board of directors.
37.10    (f) The conflict of interest provisions under this subdivision do not apply to a teacher
37.11who provides services to a charter school through a cooperative formed under chapter
37.12308A when the teacher also serves on the charter school board of directors.
37.13    Subd. 5. Conversion of existing schools. A board of an independent or special
37.14school district may convert one or more of its existing schools to charter schools under
37.15this section if 60 percent of the full-time teachers at the school sign a petition seeking
37.16conversion. The conversion must occur at the beginning of an academic year.
37.17    Subd. 6. Charter contract. The authorization for a charter school must be in the
37.18form of a written contract signed by the authorizer and the board of directors of the charter
37.19school. The contract must be completed within 45 business days of the commissioner's
37.20approval of the authorizer's affidavit. The authorizer shall submit to the commissioner a
37.21copy of the signed charter contract within ten business days of its execution. The contract
37.22for a charter school must be in writing and contain at least the following:
37.23(1) a declaration that the charter school will carry out the primary purpose in
37.24subdivision 1 and how the school will report its implementation of the primary purpose;
37.25    (1) (2) a declaration of the any additional purposes in subdivision 1 that the school
37.26intends to carry out and how the school will report its implementation of those purposes;
37.27    (2) (3) a description of the school program and the specific academic and
37.28nonacademic outcomes that pupils must achieve;
37.29    (3) (4) a statement of admission policies and procedures;
37.30    (4) (5) a governance, management, and administration plan for the school;
37.31    (5) (6) signed agreements from charter school board members to comply with all
37.32federal and state laws governing organizational, programmatic, and financial requirements
37.33applicable to charter schools;
37.34    (6) (7) the criteria, processes, and procedures that the authorizer will use for
37.35ongoing oversight of operational, financial, and academic performance to monitor and
38.1evaluate the fiscal, operational, and academic performance consistent with subdivision
38.215, paragraphs (a) and (b);
38.3    (7) (8) for contract renewal, the formal written performance evaluation of the school
38.4that is a prerequisite for reviewing a charter contract under subdivision 15;
38.5    (8) (9) types and amounts of insurance liability coverage to be obtained by the
38.6charter school, consistent with subdivision 8, paragraph (k);
38.7    (9) (10) consistent with subdivision 25, paragraph (d), a provision to indemnify and
38.8hold harmless the authorizer and its officers, agents, and employees from any suit, claim,
38.9or liability arising from any operation of the charter school, and the commissioner and
38.10department officers, agents, and employees notwithstanding section 3.736;
38.11    (10) (11) the term of the initial contract, which may be up to five years plus an
38.12additional preoperational planning year, and up to five years for a renewed contract or a
38.13contract with a new authorizer after a transfer of authorizers, if warranted by the school's
38.14academic, financial, and operational performance;
38.15    (11) (12) how the board of directors or the operators of the charter school will
38.16provide special instruction and services for children with a disability under sections
38.17125A.03 to 125A.24, and 125A.65, a description of the financial parameters within
38.18which the charter school will operate to provide the special instruction and services to
38.19children with a disability;
38.20    (12) the process and criteria the authorizer intends to use to monitor and evaluate the
38.21fiscal and student performance of the charter school, consistent with subdivision 15; and
38.22(13) the specific conditions for contract renewal, which identify performance under
38.23the primary purpose of subdivision 1 as the most important factor in determining contract
38.24renewal; and
38.25    (13) (14) the plan for an orderly closing of the school under chapter 317A, if
38.26 whether the closure is a termination for cause, a voluntary termination, or a nonrenewal
38.27of the contract, and that includes establishing the responsibilities of the school board of
38.28directors and the authorizer and notifying the commissioner, authorizer, school district in
38.29which the charter school is located, and parents of enrolled students about the closure,
38.30the transfer of student records to students' resident districts, and procedures for closing
38.31financial operations.
38.32    Subd. 6a. Audit report. (a) The charter school must submit an audit report to the
38.33commissioner and its authorizer by December 31 each year.
38.34    (b) The charter school, with the assistance of the auditor conducting the audit,
38.35must include with the report, as supplemental information, a copy of all charter school
38.36agreements for corporate management services, including parent company or other
39.1administrative, financial, and staffing services. If the entity that provides the professional
39.2services to the charter school is exempt from taxation under section 501 of the Internal
39.3Revenue Code of 1986, that entity must file with the commissioner by February 15 a copy
39.4of the annual return required under section 6033 of the Internal Revenue Code of 1986.
39.5    (c) A charter school independent audit report shall include audited financial data of
39.6an affiliated building corporation or other component unit.
39.7    (c) (d) If the audit report finds that a material weakness exists in the financial
39.8reporting systems of a charter school, the charter school must submit a written report to
39.9the commissioner explaining how the material weakness will be resolved. An auditor,
39.10as a condition of providing financial services to a charter school, must agree to make
39.11available information about a charter school's financial audit to the commissioner and
39.12authorizer upon request.
39.13    Subd. 7. Public status; exemption from statutes and rules. A charter school is
39.14a public school and is part of the state's system of public education. A charter school is
39.15exempt from all statutes and rules applicable to a school, school board, or school district
39.16unless a statute or rule is made specifically applicable to a charter school or is included
39.17in this section.
39.18    Subd. 8. Federal, state, and local requirements. (a) A charter school shall meet all
39.19federal, state, and local health and safety requirements applicable to school districts.
39.20    (b) A school must comply with statewide accountability requirements governing
39.21standards and assessments in chapter 120B.
39.22    (c) A school authorized by a school board may be located in any district, unless the
39.23school board of the district of the proposed location disapproves by written resolution.
39.24    (d) A charter school must be nonsectarian in its programs, admission policies,
39.25employment practices, and all other operations. An authorizer may not authorize a charter
39.26school or program that is affiliated with a nonpublic sectarian school or a religious
39.27institution. A charter school student must be released for religious instruction, consistent
39.28with section 120A.22, subdivision 12, clause (3).
39.29    (e) Charter schools must not be used as a method of providing education or
39.30generating revenue for students who are being home-schooled. This paragraph does not
39.31apply to shared time aid under section 126C.19.
39.32    (f) The primary focus of a charter school must be to provide a comprehensive
39.33program of instruction for at least one grade or age group from five through 18 years
39.34of age. Instruction may be provided to people younger than five years and older than
39.3518 years of age.
39.36    (g) A charter school may not charge tuition.
40.1    (h) A charter school is subject to and must comply with chapter 363A and section
40.2121A.04 .
40.3    (i) A charter school is subject to and must comply with the Pupil Fair Dismissal
40.4Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
40.5123B.34 to 123B.39.
40.6    (j) A charter school is subject to the same financial audits, audit procedures, and
40.7audit requirements as a district, except as required under subdivision 6a. Audits must be
40.8conducted in compliance with generally accepted governmental auditing standards, the
40.9federal Single Audit Act, if applicable, and section 6.65. A charter school is subject
40.10to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 118A.04;
40.11118A.05 ; 118A.06; 471.38; 471.391; 471.392; and 471.425. The audit must comply with
40.12the requirements of sections 123B.75 to 123B.83, except to the extent deviations are
40.13necessary because of the program at the school. Deviations must be approved by the
40.14commissioner and authorizer. The Department of Education, state auditor, legislative
40.15auditor, or authorizer may conduct financial, program, or compliance audits. A charter
40.16school determined to be in statutory operating debt under sections 123B.81 to 123B.83
40.17must submit a plan under section 123B.81, subdivision 4.
40.18    (k) A charter school is a district for the purposes of tort liability under chapter 466.
40.19    (l) A charter school must comply with chapters 13 and 13D; and sections 120A.22,
40.20subdivision 7 ; 121A.75; and 260B.171, subdivisions 3 and 5.
40.21    (m) A charter school is subject to the Pledge of Allegiance requirement under
40.22section 121A.11, subdivision 3.
40.23    (n) A charter school offering online courses or programs must comply with section
40.24124D.095 .
40.25    (o) A charter school and charter school board of directors are subject to chapter 181.
40.26    (p) A charter school must comply with section 120A.22, subdivision 7, governing
40.27the transfer of students' educational records and sections 138.163 and 138.17 governing
40.28the management of local records.
40.29    (q) A charter school that provides early childhood health and developmental
40.30screening must comply with sections 121A.16 to 121A.19.
40.31    (r) A charter school that provides school-sponsored youth athletic activities must
40.32comply with section 121A.38.
40.33    (s) A charter school is subject to and must comply with continuing truant notification
40.34under section 260A.03.
41.1    Subd. 8a. Aid reduction. The commissioner may reduce a charter school's state aid
41.2under section 127A.42 or 127A.43 if the charter school board fails to correct a violation
41.3under this section.
41.4    Subd. 8b. Aid reduction for violations. The commissioner may reduce a charter
41.5school's state aid by an amount not to exceed 60 percent of the charter school's basic
41.6revenue for the period of time that a violation of law occurs.
41.7    Subd. 9. Admission requirements. (a) A charter school may limit admission to:
41.8    (1) pupils within an age group or grade level;
41.9    (2) pupils who are eligible to participate in the graduation incentives program under
41.10section 124D.68; or
41.11    (3) residents of a specific geographic area in which the school is located when the
41.12majority of students served by the school are members of underserved populations.
41.13    (b) A charter school shall enroll an eligible pupil who submits a timely application,
41.14unless the number of applications exceeds the capacity of a program, class, grade level, or
41.15building. In this case, pupils must be accepted by lot. The charter school must develop
41.16and publish, including on its Web site, a lottery policy and process that it must use when
41.17accepting pupils by lot.
41.18    (c) A charter school shall give enrollment preference to a sibling of an enrolled pupil
41.19and to a foster child of that pupil's parents and may give preference for enrolling children
41.20of the school's staff before accepting other pupils by lot.
41.21    (d) A person shall not be admitted to a charter school (1) as a kindergarten pupil,
41.22unless the pupil is at least five years of age on September 1 of the calendar year in which
41.23the school year for which the pupil seeks admission commences; or (2) as a first grade
41.24student, unless the pupil is at least six years of age on September 1 of the calendar year in
41.25which the school year for which the pupil seeks admission commences or has completed
41.26kindergarten; except that a charter school may establish and publish on its Web site a
41.27policy for admission of selected pupils at an earlier age, consistent with the enrollment
41.28process in paragraphs (b) and (c).
41.29    (e) Except as permitted in paragraph (d), a charter school may not limit admission
41.30to pupils on the basis of intellectual ability, measures of achievement or aptitude, or
41.31athletic ability and may not establish any criteria or requirements for admission that are
41.32inconsistent with this subdivision.
41.33    (f) The charter school shall not distribute any services or goods of value to students,
41.34parents, or guardians as an inducement, term, or condition of enrolling a student in a
41.35charter school.
42.1    Subd. 10. Pupil performance. A charter school must design its programs to at
42.2least meet the outcomes adopted by the commissioner for public school students. In
42.3the absence of the commissioner's requirements, the school must meet the outcomes
42.4contained in the contract with the authorizer. The achievement levels of the outcomes
42.5contained in the contract may exceed the achievement levels of any outcomes adopted by
42.6the commissioner for public school students.
42.7    Subd. 11. Employment and other operating matters. (a) A charter school must
42.8employ or contract with necessary teachers, as defined by section 122A.15, subdivision 1,
42.9who hold valid licenses to perform the particular service for which they are employed in
42.10the school. The charter school's state aid may be reduced under section 127A.43 if the
42.11school employs a teacher who is not appropriately licensed or approved by the board of
42.12teaching. The school may employ necessary employees who are not required to hold
42.13teaching licenses to perform duties other than teaching and may contract for other services.
42.14The school may discharge teachers and nonlicensed employees. The charter school board
42.15is subject to section 181.932. When offering employment to a prospective employee, a
42.16charter school must give that employee a written description of the terms and conditions
42.17of employment and the school's personnel policies.
42.18    (b) A person, without holding a valid administrator's license, may perform
42.19administrative, supervisory, or instructional leadership duties. The board of directors shall
42.20establish qualifications for persons that hold administrative, supervisory, or instructional
42.21leadership roles. The qualifications shall include at least the following areas: instruction
42.22and assessment; human resource and personnel management; financial management;
42.23legal and compliance management; effective communication; and board, authorizer, and
42.24community relationships. The board of directors shall use those qualifications as the basis
42.25for job descriptions, hiring, and performance evaluations of those who hold administrative,
42.26supervisory, or instructional leadership roles. The board of directors and an individual
42.27who does not hold a valid administrative license and who serves in an administrative,
42.28supervisory, or instructional leadership position shall develop a professional development
42.29plan. Documentation of the implementation of the professional development plan of these
42.30persons shall be included in the school's annual report.
42.31    (c) The board of directors also shall decide and be responsible for matters related to
42.32the operation of the school, including budgeting, curriculum and operating procedures.
42.33    Subd. 12. Pupils with a disability. A charter school must comply with sections
42.34125A.02 , 125A.03 to 125A.24, and 125A.65 and rules relating to the education of pupils
42.35with a disability as though it were a district.
43.1    Subd. 13. Length of school year. A charter school must provide instruction each
43.2year for at least the number of hours required by section 120A.41. It may provide
43.3instruction throughout the year according to sections 124D.12 to 124D.127 or 124D.128.
43.4    Subd. 14. Annual public reports. A charter school must publish an annual report
43.5approved by the board of directors. The annual report must at least include information
43.6on school enrollment, student attrition, governance and management, staffing, finances,
43.7academic performance, operational performance, innovative practices and implementation,
43.8and future plans. A charter school must post the annual report on the school's official Web
43.9site. The charter school must also distribute the annual report by publication, mail, or
43.10electronic means to the commissioner, its authorizer, school employees, and parents and
43.11legal guardians of students enrolled in the charter school and must also post the report on
43.12the charter school's official Web site. The reports are public data under chapter 13.
43.13    Subd. 15. Review and comment. (a) The authorizer shall provide a formal written
43.14evaluation of the school's performance before the authorizer renews the charter contract.
43.15The department must review and comment on the authorizer's evaluation process at the
43.16time the authorizer submits its application for approval and each time the authorizer
43.17undergoes its five-year review under subdivision 3, paragraph (i).
43.18    (b) An authorizer shall monitor and evaluate the fiscal, academic, financial, and
43.19 operational, and student performance of the school, and may for this purpose annually
43.20assess a charter school a fee according to paragraph (c). The agreed-upon fee structure
43.21must be stated in the charter school contract.
43.22    (c) The fee that each charter school pays to an authorizer each year an authorizer
43.23may annually assess is the greater of:
43.24    (1) the basic formula allowance for that year; or
43.25    (2) the lesser of:
43.26    (i) the maximum fee factor times the basic formula allowance for that year; or
43.27    (ii) the fee factor times the basic formula allowance for that year times the charter
43.28school's adjusted marginal cost pupil units for that year. The fee factor equals .005 in fiscal
43.29year 2010, .01 in fiscal year 2011, .013 in fiscal year 2012, and .015 in fiscal years 2013
43.30and later. The maximum fee factor equals 1.5 in fiscal year 2010, 2.0 in fiscal year 2011,
43.313.0 in fiscal year 2012, and 4.0 in fiscal years 2013 and later.
43.32    (d) An authorizer may not assess a fee for any required services other than as
43.33provided in this subdivision.
43.34    (e) For the preoperational planning period, after a school is chartered, the authorizer
43.35may assess a charter school a fee equal to the basic formula allowance.
44.1    (f) By September 30 of each year, an authorizer shall submit to the commissioner a
44.2statement of income and expenditures related to chartering activities during the previous
44.3school year ending June 30. A copy of the statement shall be given to all schools chartered
44.4by the authorizer.
44.5    Subd. 16. Transportation. (a) A charter school after its first fiscal year of operation
44.6by March 1 of each fiscal year and a charter school by July 1 of its first fiscal year of
44.7operation must notify the district in which the school is located and the Department of
44.8Education if it will provide its own transportation or use the transportation services of the
44.9district in which it is located for the fiscal year.
44.10    (b) If a charter school elects to provide transportation for pupils, the transportation
44.11must be provided by the charter school within the district in which the charter school is
44.12located. The state must pay transportation aid to the charter school according to section
44.13124D.11, subdivision 2 .
44.14    For pupils who reside outside the district in which the charter school is located, the
44.15charter school is not required to provide or pay for transportation between the pupil's
44.16residence and the border of the district in which the charter school is located. A parent
44.17may be reimbursed by the charter school for costs of transportation from the pupil's
44.18residence to the border of the district in which the charter school is located if the pupil is
44.19from a family whose income is at or below the poverty level, as determined by the federal
44.20government. The reimbursement may not exceed the pupil's actual cost of transportation
44.21or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for
44.22more than 250 miles per week.
44.23    At the time a pupil enrolls in a charter school, the charter school must provide the
44.24parent or guardian with information regarding the transportation.
44.25    (c) If a charter school does not elect to provide transportation, transportation for
44.26pupils enrolled at the school must be provided by the district in which the school is
44.27located, according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8, for a
44.28pupil residing in the same district in which the charter school is located. Transportation
44.29may be provided by the district in which the school is located, according to sections
44.30123B.88, subdivision 6 , and 124D.03, subdivision 8, for a pupil residing in a different
44.31district. If the district provides the transportation, the scheduling of routes, manner and
44.32method of transportation, control and discipline of the pupils, and any other matter relating
44.33to the transportation of pupils under this paragraph shall be within the sole discretion,
44.34control, and management of the district.
44.35    Subd. 17. Leased space. A charter school may lease space from an independent
44.36or special school board eligible to be an authorizer, other public organization, private,
45.1nonprofit nonsectarian organization, private property owner, or a sectarian organization
45.2if the leased space is constructed as a school facility. The department must review and
45.3approve or disapprove leases, including modifications and renewals prior to execution of
45.4the lease by the lessee and lessor, in a timely manner. Leases for a school year must be
45.5submitted to the department no later than July 1 before that school year. The commissioner
45.6may waive this date based on an appeal by a charter school when circumstances beyond
45.7the control of the charter school do not allow a lease agreement to be written prior to that
45.8date. The commissioner shall not approve a facility lease that does not have (1) a sum
45.9certain annual cost and (2) an escape clause that may be exercised by the charter school in
45.10the event of nonrenewal or termination of the charter school contract.
45.11    Subd. 17a. Affiliated nonprofit building corporation. (a) Before a charter school
45.12may organize an affiliated nonprofit building corporation (i) to renovate or purchase an
45.13existing facility to serve as a school or (ii) to expand an existing building or construct
45.14a new school facility, an authorizer must submit an affidavit to the commissioner for
45.15approval in the form and manner the commissioner prescribes, and consistent with
45.16paragraphs (b) and (c) or (d).
45.17    (b) An affiliated nonprofit building corporation under this subdivision must:
45.18    (1) be incorporated under section 317A;
45.19    (2) comply with applicable Internal Revenue Service regulations, including
45.20regulations for "supporting organizations" as defined by the Internal Revenue Service;
45.21    (3) submit to the commissioner each fiscal year a list of current board members
45.22and a copy of its annual audit; and
45.23    (4) comply with government data practices law under chapter 13.
45.24An affiliated nonprofit building corporation must not serve as the leasing agent for
45.25property or facilities it does not own. A charter school that leases a facility from an
45.26affiliated nonprofit building corporation that does not own the leased facility is ineligible
45.27to receive charter school lease aid. The state is immune from liability resulting from a
45.28contract between a charter school and an affiliated nonprofit building corporation.
45.29    (c) A charter school may organize an affiliated nonprofit building corporation to
45.30renovate or purchase an existing facility to serve as a school if the charter school:
45.31    (1) has been operating for at least five consecutive school years;
45.32    (2) has had a net positive unreserved general fund balance as of June 30 in the
45.33preceding five fiscal years;
45.34    (3) has a long-range strategic and financial plan;
45.35    (4) completes a feasibility study of available buildings;
46.1    (5) documents enrollment projections and the need to use an affiliated building
46.2corporation to renovate or purchase an existing facility to serve as a school; and
46.3(6) has a plan for the renovation or purchase, which describes the parameters and
46.4budget for the project.
46.5    (d) A charter school may organize an affiliated nonprofit building corporation to
46.6expand an existing school facility or construct a new school facility if the charter school:
46.7    (1) demonstrates the lack of facilities available to serve as a school;
46.8    (2) has been operating for at least eight consecutive school years;
46.9    (3) has had a net positive unreserved general fund balance as of June 30 in the
46.10preceding five fiscal years;
46.11    (4) completes a feasibility study of facility options;
46.12    (5) has a long-range strategic and financial plan that includes enrollment projections
46.13and demonstrates the need for constructing a new school facility; and
46.14    (6) has a plan for the expansion or new school facility, which describes the
46.15parameters and budget for the project.
46.16    Subd. 17b. Positive review and comment. (e) A charter school or an affiliated
46.17nonprofit building corporation organized by a charter school must not initiate an
46.18installment contract for purchase, or a lease agreement, or solicit bids for new construction,
46.19expansion, or remodeling of an educational facility that requires an expenditure in
46.20excess of $1,400,000, unless it meets the criteria in subdivision 17a, paragraph (b) and
46.21paragraph (c) or (d), as applicable, and receives a positive review and comment from
46.22the commissioner under section 123B.71.
46.23    Subd. 19. Disseminate information. (a) The authorizer, the operators, Authorizers
46.24 and the department must disseminate information to the public on how to form and
46.25operate a charter school. Charter schools must disseminate information about how to
46.26use the offerings of a charter school. Targeted groups include low-income families and
46.27communities, students of color, and students who are at risk of academic failure.
46.28    (b) Authorizers, operators, and the department also may disseminate information
46.29about the successful best practices in teaching and learning demonstrated by charter
46.30schools.
46.31    Subd. 20. Leave to teach in a charter school. If a teacher employed by a district
46.32makes a written request for an extended leave of absence to teach at a charter school,
46.33the district must grant the leave. The district must grant a leave not to exceed a total of
46.34five years. Any request to extend the leave shall be granted only at the discretion of the
46.35school board. The district may require that the request for a leave or extension of leave
46.36be made before February 1 in the school year preceding the school year in which the
47.1teacher intends to leave, or February 1 of the calendar year in which the teacher's leave is
47.2scheduled to terminate. Except as otherwise provided in this subdivision and except for
47.3section 122A.46, subdivision 7, the leave is governed by section 122A.46, including, but
47.4not limited to, reinstatement, notice of intention to return, seniority, salary, and insurance.
47.5    During a leave, the teacher may continue to aggregate benefits and credits in the
47.6Teachers' Retirement Association account under chapters 354 and 354A, consistent with
47.7subdivision 22.
47.8    Subd. 21. Collective bargaining. Employees of the board of directors of a charter
47.9school may, if otherwise eligible, organize under chapter 179A and comply with its
47.10provisions. The board of directors of a charter school is a public employer, for the
47.11purposes of chapter 179A, upon formation of one or more bargaining units at the school.
47.12Bargaining units at the school must be separate from any other units within an authorizing
47.13district, except that bargaining units may remain part of the appropriate unit within an
47.14authorizing district, if the employees of the school, the board of directors of the school,
47.15the exclusive representative of the appropriate unit in the authorizing district, and the
47.16board of the authorizing district agree to include the employees in the appropriate unit of
47.17the authorizing district.
47.18    Subd. 22. Teacher and other employee retirement. (a) Teachers in a charter
47.19school must be public school teachers for the purposes of chapters 354 and 354A.
47.20    (b) Except for teachers under paragraph (a), employees in a charter school must be
47.21public employees for the purposes of chapter 353.
47.22    Subd. 23. Causes for nonrenewal or termination of charter school contract. (a)
47.23The duration of the contract with an authorizer must be for the term contained in the
47.24contract according to subdivision 6. The authorizer may or may not renew a contract at
47.25the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally
47.26terminate a contract during the term of the contract for any ground listed in paragraph (b).
47.27At least 60 business days before not renewing or terminating a contract, the authorizer
47.28shall notify the board of directors of the charter school of the proposed action in writing.
47.29The notice shall state the grounds for the proposed action in reasonable detail and that the
47.30charter school's board of directors may request in writing an informal hearing before the
47.31authorizer within 15 business days of receiving notice of nonrenewal or termination of
47.32the contract. Failure by the board of directors to make a written request for an informal
47.33hearing within the 15-business-day period shall be treated as acquiescence to the proposed
47.34action. Upon receiving a timely written request for a hearing, the authorizer shall give ten
47.35business days' notice to the charter school's board of directors of the hearing date. The
47.36authorizer shall conduct an informal hearing before taking final action. The authorizer
48.1shall take final action to renew or not renew a contract no later than 20 business days
48.2before the proposed date for terminating the contract or the end date of the contract.
48.3    (b) A contract may be terminated or not renewed upon any of the following grounds:
48.4    (1) failure to meet demonstrate satisfactory academic achievement for all groups of
48.5students, including the requirements for pupil performance contained in the contract;
48.6    (2) failure to meet generally accepted standards of fiscal management;
48.7    (3) violations of law; or
48.8    (4) other good cause shown.
48.9    If a contract is terminated or not renewed under this paragraph, the school must be
48.10dissolved according to the applicable provisions of chapter 317A.
48.11    (c) If the authorizer and the charter school board of directors mutually agree to
48.12terminate or not renew the contract, a change in authorizers is allowed if the commissioner
48.13approves the change to a different eligible authorizer to authorize the charter school.
48.14Both parties must jointly submit their intent in writing to the commissioner to mutually
48.15terminate the contract. The authorizer that is a party to the existing contract must inform
48.16the proposed authorizer about the fiscal and operational status and student performance
48.17of the school. Before the commissioner determines whether to approve a change in
48.18authorizer, the proposed authorizer must identify any outstanding issues in the proposed
48.19charter contract that were unresolved in the previous charter contract and have the charter
48.20school agree to resolve those issues. If no change in authorizer is approved, the school
48.21must be dissolved according to applicable law and the terms of the contract.
48.22    (d) The commissioner, after providing reasonable notice to the board of directors of
48.23a charter school and the existing authorizer, and after providing an opportunity for a public
48.24hearing, may terminate the existing contract between the authorizer and the charter school
48.25board if the charter school has a history of:
48.26    (1) failure to meet pupil performance requirements consistent with state law;
48.27    (2) financial mismanagement or failure to meet generally accepted standards of
48.28fiscal management; or
48.29    (3) repeated or major violations of the law.
48.30(e) Notwithstanding other provisions of this subdivision, the authorizer of a charter
48.31school may terminate an existing contract between the authorizer and the charter school at
48.32the end of the current school year, after notifying the charter school board of directors by
48.33December 1, if in each of the previous three consecutive school years the performance of
48.34the charter school based on federal school accountability measures and on state measures
48.35of student performance and growth would place the school in the bottom quartile of all
48.36public schools as determined by the commissioner. If an authorizer chooses to terminate
49.1the contract, the school must be closed according to applicable law and the terms of
49.2the contract. The authorizer must work with the charter school's board of directors to
49.3ensure parents of children currently enrolled at the school are aware of school choice
49.4options and receive assistance in selecting an appropriate choice for the next school year.
49.5If the authorizer chooses not to terminate the existing contract under these conditions, the
49.6authorizer must submit a public, written justification of the decision to the commissioner
49.7by December 1. The commissioner may use this decision as a factor in reviewing the
49.8authorizer's performance under subdivision 3, paragraph (i). The federal and state measures
49.9identified in this paragraph are minimum conditions and are not intended to discourage
49.10and do not prevent an authorizer from closing schools which do not meet these conditions.
49.11    Subd. 23a. Related party lease costs. (a) A charter school is prohibited from
49.12entering a lease of real property with a related party unless the lessor is a nonprofit
49.13corporation under chapter 317A or a cooperative under chapter 308A, and the lease cost is
49.14reasonable under section 124D.11, subdivision 4, clause (1).
49.15    (b) For purposes of this section and section 124D.11:
49.16    (1) "related party" means an affiliate or immediate relative of the other party in
49.17question, an affiliate of an immediate relative, or an immediate relative of an affiliate;
49.18    (2) "affiliate" means a person that directly or indirectly, through one or more
49.19intermediaries, controls, is controlled by, or is under common control with another person;
49.20    (3) "immediate family" means an individual whose relationship by blood, marriage,
49.21adoption, or partnering is no more remote than first cousin;
49.22    (4) "person" means an individual or entity of any kind; and
49.23    (5) "control" means the ability to affect the management, operations, or policy
49.24actions or decisions of a person, whether through ownership of voting securities, by
49.25contract, or otherwise.
49.26    (c) A lease of real property to be used for a charter school, not excluded in paragraph
49.27(a), must contain the following statement: "This lease is subject to Minnesota Statutes,
49.28section 124D.10, subdivision 23a."
49.29    (d) If a charter school enters into as lessee a lease with a related party and the
49.30charter school subsequently closes, the commissioner has the right to recover from the
49.31lessor any lease payments in excess of those that are reasonable under section 124D.11,
49.32subdivision 4 , clause (1).
49.33    Subd. 24. Pupil enrollment upon nonrenewal or termination of charter school
49.34contract. If a contract is not renewed or is terminated according to subdivision 23, a
49.35pupil who attended the school, siblings of the pupil, or another pupil who resides in the
49.36same place as the pupil may enroll in the resident district or may submit an application
50.1to a nonresident district according to section 124D.03 at any time. Applications and
50.2notices required by section 124D.03 must be processed and provided in a prompt manner.
50.3The application and notice deadlines in section 124D.03 do not apply under these
50.4circumstances. The closed charter school must transfer the student's educational records
50.5within ten business days of closure to the student's school district of residence where the
50.6records must be retained or transferred under section 120A.22, subdivision 7.
50.7    Subd. 25. Extent of specific legal authority. (a) The board of directors of a charter
50.8school may sue and be sued.
50.9    (b) The board may not levy taxes or issue bonds.
50.10    (c) The commissioner, an authorizer, members of the board of an authorizer in
50.11their official capacity, and employees of an authorizer are immune from civil or criminal
50.12liability with respect to all activities related to a charter school they approve or authorize.
50.13The board of directors shall obtain at least the amount of and types of insurance up to the
50.14applicable tort liability limits under chapter 466. The charter school board must submit
50.15a copy of the insurance policy to its authorizer and the commissioner before starting
50.16operations. The charter school board must submit changes in its insurance carrier or policy
50.17to its authorizer and the commissioner within 20 business days of the change.
50.18(d) Notwithstanding section 3.736, the charter school shall assume full liability for
50.19its activities and indemnify and hold harmless the authorizer and its officers, agents, and
50.20employees from any suit, claim, or liability arising from any operation of the charter school
50.21and the commissioner and department officers, agents, and employees. A charter school
50.22is not required to indemnify or hold harmless a state employee if the state would not be
50.23required to indemnify and hold the employee harmless under section 3.736, subdivision 9.
50.24    Subd. 27. Collaboration between charter school and school district. (a) A charter
50.25school board may voluntarily enter into a two-year, renewable agreement for collaboration
50.26to enhance student achievement with a school district within whose geographic boundary
50.27it operates.
50.28(b) A school district need not be an approved authorizer to enter into a collaboration
50.29agreement with a charter school. A charter school need not be authorized by the school
50.30district with which it seeks to collaborate.
50.31(c) A charter school authorizer is prohibited from requiring a collaboration agreement
50.32as a condition of entering into or renewing a charter contract as defined in subdivision 6.
50.33(d) Nothing in this subdivision or in the collaboration agreement may impact in any
50.34way the authority or autonomy of the charter school.
51.1(e) Nothing in this subdivision or in the collaboration agreement shall cause the state
51.2to pay twice for the same student, service, or facility or otherwise impact state funding, or
51.3the flow thereof, to the school district or the charter school.
51.4(f) The collaboration agreement may include, but need not be limited to,
51.5collaboration regarding facilities, transportation, training, student achievement,
51.6assessments, mutual performance standards, and other areas of mutual agreement.
51.7(g) The school district may include the academic performance of the students of a
51.8collaborative charter school site operating within the geographic boundaries of the school
51.9district, for purposes of student assessment and reporting to the state.
51.10(h) Districts, authorizers, or charter schools entering into a collaborative agreement
51.11are equally and collectively subject to the same state and federal accountability measures
51.12for student achievement, school performance outcomes, and school improvement
51.13strategies. The collaborative agreement and all accountability measures must be posted
51.14on the district, charter school, and authorizer Web sites.
51.15EFFECTIVE DATE.Subdivision 23 is effective July 1, 2013, and applies to federal
51.16school accountability measures and state measures of student performance and growth
51.17from the 2010-2011 school year and later.

51.18    Sec. 2. Minnesota Statutes 2012, section 260A.02, subdivision 3, is amended to read:
51.19    Subd. 3. Continuing truant. "Continuing truant" means a child who is subject to the
51.20compulsory instruction requirements of section 120A.22 and is absent from instruction in a
51.21school, as defined in section 120A.05, without valid excuse within a single school year for:
51.22(1) three days if the child is in elementary school; or
51.23(2) three or more class periods on three days if the child is in middle school, junior
51.24high school, or high school.
51.25Nothing in this section shall prevent a school district or charter school from notifying
51.26a truant child's parent or legal guardian of the child's truancy or otherwise addressing a
51.27child's attendance problems prior to the child becoming a continuing truant.

51.28    Sec. 3. Minnesota Statutes 2012, section 260A.03, is amended to read:
51.29260A.03 NOTICE TO PARENT OR GUARDIAN WHEN CHILD IS A
51.30CONTINUING TRUANT.
51.31Upon a child's initial classification as a continuing truant, the school attendance
51.32officer or other designated school official shall notify the child's parent or legal guardian,
51.33by first-class mail or other reasonable means, of the following:
52.1(1) that the child is truant;
52.2(2) that the parent or guardian should notify the school if there is a valid excuse
52.3for the child's absences;
52.4(3) that the parent or guardian is obligated to compel the attendance of the child
52.5at school pursuant to section 120A.22 and parents or guardians who fail to meet this
52.6obligation may be subject to prosecution under section 120A.34;
52.7(4) that this notification serves as the notification required by section 120A.34;
52.8(5) that alternative educational programs and services may be available in the child's
52.9enrolling or resident district;
52.10(6) that the parent or guardian has the right to meet with appropriate school personnel
52.11to discuss solutions to the child's truancy;
52.12(7) that if the child continues to be truant, the parent and child may be subject to
52.13juvenile court proceedings under chapter 260C;
52.14(8) that if the child is subject to juvenile court proceedings, the child may be subject
52.15to suspension, restriction, or delay of the child's driving privilege pursuant to section
52.16260C.201 ; and
52.17(9) that it is recommended that the parent or guardian accompany the child to school
52.18and attend classes with the child for one day.

52.19    Sec. 4. Minnesota Statutes 2012, section 260A.05, subdivision 1, is amended to read:
52.20    Subdivision 1. Establishment. A school district or charter school may establish
52.21one or more school attendance review boards to exercise the powers and duties in this
52.22section. The school district or charter school board shall appoint the members of the
52.23school attendance review board and designate the schools within the board's jurisdiction.
52.24Members of a school attendance review board may include:
52.25(1) the superintendent of the school district or the superintendent's designee or
52.26charter director or the director's designee;
52.27(2) a principal and one or more other school officials from within the district or
52.28charter school;
52.29(3) parent representatives;
52.30(4) representatives from community agencies that provide services for truant
52.31students and their families;
52.32(5) a juvenile probation officer;
52.33(6) school counselors and attendance officers; and
52.34(7) law enforcement officers.

53.1    Sec. 5. Minnesota Statutes 2012, section 260A.07, subdivision 1, is amended to read:
53.2    Subdivision 1. Establishment; referrals. A county attorney may establish a truancy
53.3mediation program for the purpose of resolving truancy problems without court action. If
53.4a student is in a school district or charter school that has established a school attendance
53.5review board, the student may be referred to the county attorney under section 260A.06,
53.6subdivision 3 . If the student's school district or charter school has not established a board,
53.7the student may be referred to the county attorney by the school district or charter school
53.8if the student continues to be truant after the parent or guardian has been sent or conveyed
53.9the notice under section 260A.03.


53.12    Section 1. Minnesota Statutes 2012, section 15.059, subdivision 5b, is amended to read:
53.13    Subd. 5b. Continuation dependent on federal law. Notwithstanding this section,
53.14the following councils and committees do not expire unless federal law no longer requires
53.15the existence of the council or committee:
53.16(1) Rehabilitation Council for the Blind, created in section 248.10;
53.17(2) Juvenile Justice Advisory Committee, created in section 299A.72;
53.18(3) Governor's Workforce Development Council, created in section 116L.665;
53.19(4) local workforce councils, created in section 116L.666, subdivision 2;
53.20(5) Rehabilitation Council, created in section 268A.02, subdivision 2; and
53.21(6) Statewide Independent Living Council, created in section 268A.02, subdivision
53.222 ; and
53.23(7) Interagency Coordinating Council, created in section 125A.28.

53.24    Sec. 2. Minnesota Statutes 2012, section 125A.0941, is amended to read:
53.25125A.0941 DEFINITIONS.
53.26(a) The following terms have the meanings given them.
53.27(b) "Emergency" means a situation where immediate intervention is needed to
53.28protect a child or other individual from physical injury or to prevent serious property
53.29damage. Emergency does not mean circumstances such as: a child who does not respond
53.30to a task or request and instead places his or her head on a desk or hides under a desk or
53.31table; a child who does not respond to a staff person's request unless failing to respond
53.32would result in physical injury to the child or other individual; or an emergency incident
53.33has already occurred and no threat of physical injury currently exists.
54.1(c) "Physical holding" means physical intervention intended to hold a child immobile
54.2or limit a child's movement, where body contact is the only source of physical restraint,
54.3and where immobilization is used to effectively gain control of a child in order to protect
54.4the a child or other person individual from physical injury. The term physical holding does
54.5not mean physical contact that:
54.6(1) helps a child respond or complete a task;
54.7(2) assists a child without restricting the child's movement;
54.8(3) is needed to administer an authorized health-related service or procedure; or
54.9(4) is needed to physically escort a child when the child does not resist or the child's
54.10resistance is minimal.
54.11(d) "Positive behavioral interventions and supports" means interventions and
54.12strategies to improve the school environment and teach children the skills to behave
54.13appropriately.
54.14(e) "Prone restraint" means placing a child in a face down position.
54.15(f) "Restrictive procedures" means the use of physical holding or seclusion in an
54.16emergency. Restrictive procedures must not be used to punish or otherwise discipline a
54.17child.
54.18(g) "Seclusion" means confining a child alone in a room from which egress is barred.
54.19Egress may be barred by an adult locking or closing the door in the room or preventing the
54.20child from leaving the room. Removing a child from an activity to a location where the
54.21child cannot participate in or observe the activity is not seclusion.
54.22EFFECTIVE DATE.This section is effective the day following final enactment.

54.23    Sec. 3. Minnesota Statutes 2012, section 125A.0942, is amended to read:
54.24125A.0942 STANDARDS FOR RESTRICTIVE PROCEDURES.
54.25    Subdivision 1. Restrictive procedures plan. (a) Schools that intend to use
54.26restrictive procedures shall maintain and make publicly accessible a restrictive procedures
54.27plan for children with disabilities that includes at least the following:
54.28(1) lists the list of restrictive procedures the school intends to use;
54.29(2) describes how the school will implement a range of positive behavior strategies
54.30and provide links to mental health services;
54.31(3) describes how the school will monitor and review the use of restrictive
54.32procedures, including:
54.33(i) conducting post-use debriefings, consistent with subdivision 3, paragraph (a),
54.34clause (5); and
55.1(ii) convening an oversight committee to undertake a quarterly review of the use
55.2of restrictive procedures based on patterns or problems indicated by similarities in the
55.3time of day, day of the week, duration of the use of a procedure, the individuals involved,
55.4or other factors associated with the use of restrictive procedures; the number of times a
55.5restrictive procedure is used schoolwide and for individual children; the number and types
55.6of injuries, if any, resulting from the use of restrictive procedures; whether restrictive
55.7procedures are used in nonemergency situations; the need for additional staff training; and
55.8proposed actions to minimize the use of restrictive procedures; and
55.9(3) (4) includes a written description and documentation of the training staff
55.10completed under subdivision 5.
55.11(b) Schools annually must publicly identify oversight committee members who
55.12must at least include:
55.13(1) a mental health professional, school psychologist, or school social worker;
55.14(2) an expert in positive behavior strategies;
55.15(3) a special education administrator; and
55.16(4) a general education administrator.
55.17    Subd. 2. Restrictive procedures. (a) Restrictive procedures may be used only by a
55.18licensed special education teacher, school social worker, school psychologist, behavior
55.19analyst certified by the National Behavior Analyst Certification Board, a person with a
55.20master's degree in behavior analysis, other licensed education professional, highly qualified
55.21paraprofessional under section 120B.363, or mental health professional under section
55.22245.4871, subdivision 27 , who has completed the training program under subdivision 5.
55.23(b) A school shall make reasonable efforts to notify the parent on the same day a
55.24restrictive procedure is used on the child, or if the school is unable to provide same-day
55.25notice, notice is sent within two days by written or electronic means or as otherwise
55.26indicated by the child's parent under paragraph (d).
55.27(c) When restrictive procedures are used twice in 30 days or when a pattern emerges
55.28and restrictive procedures are not included in a child's individualized education program
55.29or behavior intervention plan, The district must hold a meeting of the individualized
55.30education program team, conduct or review a functional behavioral analysis, review data,
55.31consider developing additional or revised positive behavioral interventions and supports,
55.32consider actions to reduce the use of restrictive procedures, and modify the individualized
55.33education program or behavior intervention plan as appropriate. The district must hold
55.34the meeting: within ten calendar days after district staff use restrictive procedures on two
55.35separate school days within 30 calendar days or a pattern of use emerges and the child's
55.36individualized education program or behavior intervention plan does not provide for using
56.1restrictive procedures in an emergency; or at the request of a parent or the district after
56.2restrictive procedures are used. The district must review use of restrictive procedures at a
56.3child's annual individualized education program meeting when the child's individualized
56.4education program provides for using restrictive procedures in an emergency.
56.5(d) If the individualized education program team under paragraph (c) determines
56.6that existing interventions and supports are ineffective in reducing the use of restrictive
56.7procedures or the district uses restrictive procedures on a child on ten or more school days
56.8during the same school year, the team, as appropriate, either must consult with other
56.9professionals working with the child; consult with experts in behavior analysis, mental
56.10health, communication, or autism; consult with culturally competent professionals;
56.11review existing evaluations, resources, and successful strategies; or consider whether to
56.12reevaluate the child.
56.13(e) At the individualized education program meeting under paragraph (c), the team
56.14must review any known medical or psychological limitations, including any medical
56.15information the parent provides voluntarily, that contraindicate the use of a restrictive
56.16procedure, consider whether to prohibit that restrictive procedure, and document any
56.17prohibition in the individualized education program or behavior intervention plan.
56.18(d) (f) An individualized education program team may plan for using restrictive
56.19procedures and may include these procedures in a child's individualized education
56.20program or behavior intervention plan; however, the restrictive procedures may be used
56.21only in response to behavior that constitutes an emergency, consistent with this section.
56.22The individualized education program or behavior intervention plan shall indicate how the
56.23parent wants to be notified when a restrictive procedure is used.
56.24    Subd. 3. Physical holding or seclusion. (a) Physical holding or seclusion may be
56.25used only in an emergency. A school that uses physical holding or seclusion shall meet the
56.26following requirements:
56.27(1) the physical holding or seclusion must be is the least intrusive intervention
56.28that effectively responds to the emergency;
56.29(2) physical holding or seclusion is not used to discipline a noncompliant child;
56.30(3) physical holding or seclusion must end ends when the threat of harm ends and
56.31the staff determines that the child can safely return to the classroom or activity;
56.32(3) (4) staff must directly observe observes the child while physical holding or
56.33seclusion is being used;
56.34(4) (5) each time physical holding or seclusion is used, the staff person who
56.35implements or oversees the physical holding or seclusion shall document documents, as
56.36soon as possible after the incident concludes, the following information:
57.1(i) a description of the incident that led to the physical holding or seclusion;
57.2(ii) why a less restrictive measure failed or was determined by staff to be
57.3inappropriate or impractical;
57.4(iii) the time the physical holding or seclusion began and the time the child was
57.5released; and
57.6(iv) a brief record of the child's behavioral and physical status;
57.7(5) (6) the room used for seclusion must:
57.8(i) be at least six feet by five feet;
57.9(ii) be well lit, well ventilated, adequately heated, and clean;
57.10(iii) have a window that allows staff to directly observe a child in seclusion;
57.11(iv) have tamperproof fixtures, electrical switches located immediately outside the
57.12door, and secure ceilings;
57.13(v) have doors that open out and are unlocked, locked with keyless locks that
57.14have immediate release mechanisms, or locked with locks that have immediate release
57.15mechanisms connected with a fire and emergency system; and
57.16(vi) not contain objects that a child may use to injure the child or others;
57.17(6) (7) before using a room for seclusion, a school must:
57.18(i) receive written notice from local authorities that the room and the locking
57.19mechanisms comply with applicable building, fire, and safety codes; and
57.20(ii) register the room with the commissioner, who may view that room; and
57.21(7) (8) until August 1, 2013 2015, a school district may use prone restraints with
57.22children age five or older under the following conditions if:
57.23(i) a the district has provided to the department a list of staff who have had specific
57.24training on the use of prone restraints;
57.25(ii) a the district provides information on the type of training that was provided
57.26and by whom;
57.27(iii) prone restraints may only be used by staff who have received specific training
57.28 use prone restraints;
57.29(iv) each incident of the use of prone restraints is reported to the department within
57.30five working days on a form provided by the department; and
57.31(v) a the district, prior to before using prone restraints, must review any known
57.32medical or psychological limitations that contraindicate the use of prone restraints.
57.33The department will report back to the chairs and ranking minority members of the
57.34legislative committees with primary jurisdiction over education policy by February
57.351, 2013, on the use of prone restraints in the schools. Consistent with item (iv), The
58.1department must collect data on districts' use of prone restraints and publish the data in a
58.2readily accessible format on the department's Web site on a quarterly basis.
58.3(b) The department must develop a statewide plan by February 1, 2013, to reduce
58.4districts' use of restrictive procedures that includes By March 1, 2014, stakeholders must
58.5recommend to the commissioner specific and measurable implementation and outcome
58.6goals for reducing the use of restrictive procedures and the commissioner must submit to
58.7the legislature a report on districts' progress in reducing the use of restrictive procedures
58.8that recommends how to further reduce these procedures and eliminate the use of prone
58.9restraints. The statewide plan includes the following components: measurable goals; the
58.10resources, training, technical assistance, mental health services, and collaborative efforts
58.11needed to significantly reduce districts' use of prone restraints; and recommendations
58.12to clarify and improve the law governing districts' use of restrictive procedures. The
58.13department must convene commissioner must consult with interested stakeholders to
58.14develop the statewide plan and identify the need for technical assistance when preparing
58.15the report, including representatives of advocacy organizations, special education
58.16directors, intermediate school districts, school boards, day treatment providers, county
58.17social services, state human services department staff, mental health professionals, and
58.18autism experts. To assist the department and stakeholders under this paragraph, school
58.19districts must report summary data to the department by July 1, 2012, on districts' use of
58.20restrictive procedures during the 2011-2012 school year, including data on the number
58.21of incidents involving restrictive procedures, the total number of students on which
58.22restrictive procedures were used, the number of resulting injuries, relevant demographic
58.23data on the students and school, and other relevant data collected by the district. By June
58.2430 each year, districts must report summary data on their use of restrictive procedures to
58.25the department, in a form and manner determined by the commissioner.
58.26    Subd. 4. Prohibitions. The following actions or procedures are prohibited:
58.27(1) engaging in conduct prohibited under section 121A.58;
58.28(2) requiring a child to assume and maintain a specified physical position, activity,
58.29or posture that induces physical pain;
58.30(3) totally or partially restricting a child's senses as punishment;
58.31(4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
58.32substance, or spray as punishment;
58.33(5) denying or restricting a child's access to equipment and devices such as walkers,
58.34wheelchairs, hearing aids, and communication boards that facilitate the child's functioning,
58.35except when temporarily removing the equipment or device is needed to prevent injury
59.1to the child or others or serious damage to the equipment or device, in which case the
59.2equipment or device shall be returned to the child as soon as possible;
59.3(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or
59.4physical abuse under section 626.556;
59.5(7) withholding regularly scheduled meals or water;
59.6(8) denying access to bathroom facilities; and
59.7(9) physical holding that restricts or impairs a child's ability to breathe, restricts or
59.8impairs a child's ability to communicate distress, places pressure or weight on a child's
59.9head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in
59.10straddling a child's torso.
59.11    Subd. 5. Training for staff. (a) To meet the requirements of subdivision 1,
59.12staff who use restrictive procedures shall complete training in the following skills and
59.13knowledge areas:
59.14(1) positive behavioral interventions;
59.15(2) communicative intent of behaviors;
59.16(3) relationship building;
59.17(4) alternatives to restrictive procedures, including techniques to identify events and
59.18environmental factors that may escalate behavior;
59.19(5) de-escalation methods;
59.20(6) standards for using restrictive procedures only in an emergency;
59.21(7) obtaining emergency medical assistance;
59.22(8) the physiological and psychological impact of physical holding and seclusion;
59.23(9) monitoring and responding to a child's physical signs of distress when physical
59.24holding is being used; and
59.25(10) recognizing the symptoms of and interventions that may cause positional
59.26asphyxia when physical holding is used.;
59.27(11) district policies and procedures for timely reporting and documentation of each
59.28incident involving use of a restricted procedure; and
59.29(12) schoolwide programs on positive behavior strategies.
59.30(b) The commissioner, after consulting with the commissioner of human services,
59.31must develop and maintain a list of training programs that satisfy the requirements of
59.32paragraph (a). The commissioner also must develop and maintain a list of experts to
59.33help individualized education program teams reduce the use of restrictive procedures.
59.34The district shall maintain records of staff who have been trained and the organization
59.35or professional that conducted the training. The district may collaborate with children's
59.36community mental health providers to coordinate trainings.
60.1    Subd. 6. Behavior supports. School districts are encouraged to establish effective
60.2schoolwide systems of positive behavior interventions and supports. Nothing in this
60.3section or section 125A.0941 precludes the use of reasonable force under sections
60.4121A.582 ; 609.06, subdivision 1; and 609.379.
60.5EFFECTIVE DATE.This section is effective the day following final enactment.

60.6    Sec. 4. Minnesota Statutes 2012, section 125A.27, subdivision 8, is amended to read:
60.7    Subd. 8. Eligibility for Part C. "Eligibility for Part C" means eligibility for
60.8early childhood special education infant and toddler intervention services under section
60.9125A.02 and Minnesota Rules.

60.10    Sec. 5. Minnesota Statutes 2012, section 125A.27, subdivision 11, is amended to read:
60.11    Subd. 11. Interagency child find systems. "Interagency child find systems" means
60.12activities developed on an interagency basis with the involvement of interagency early
60.13intervention committees and other relevant community groups, including primary referral
60.14sources included in Code of Federal Regulations, title 34, section 303.303(c), using
60.15rigorous standards to actively seek out, identify, and refer infants and young children,
60.16with, or at risk of, disabilities, and their families, including a child to reduce the need for
60.17future services. The child find system must mandate referrals for a child under the age of
60.18three who: (1) is involved in the subject of a substantiated case of abuse or neglect, or
60.19(2) is identified as directly affected by illegal substance abuse, or withdrawal symptoms
60.20resulting from prenatal drug exposure, to reduce the need for future services. The referral
60.21procedures must specify that a referral must occur within seven calendar days from the
60.22date of identification.

60.23    Sec. 6. Minnesota Statutes 2012, section 125A.27, subdivision 14, is amended to read:
60.24    Subd. 14. Parent. "Parent" means the biological parent with parental rights,
60.25adoptive parent, legal guardian, or surrogate parent "parent" as defined by Code of Federal
60.26Regulations, title 34, section 303.27, or a surrogate parent appointed in accordance with
60.27Code of Federal Regulations, title 34, section 303.422, or United States Code, title 20,
60.28section 1439(a)(5).

60.29    Sec. 7. Minnesota Statutes 2012, section 125A.28, is amended to read:
60.30125A.28 STATE INTERAGENCY COORDINATING COUNCIL.
61.1An Interagency Coordinating Council of at least 17, but not more than 25 members
61.2is established, in compliance with Public Law 108-446, section 641. The members must
61.3be appointed by the governor and reasonably represent the population of Minnesota.
61.4Council members must elect the council chair, who may not be a representative of the
61.5Department of Education. The representative of the commissioner may not serve as the
61.6chair. The council must be composed of at least five parents, including persons of color,
61.7of children with disabilities under age 12, including at least three parents of a child
61.8with a disability under age seven, five representatives of public or private providers
61.9of services for children with disabilities under age five, including a special education
61.10director, county social service director, local Head Start director, and a community health
61.11services or public health nursing administrator, one member of the senate, one member of
61.12the house of representatives, one representative of teacher preparation programs in early
61.13childhood-special education or other preparation programs in early childhood intervention,
61.14at least one representative of advocacy organizations for children with disabilities under
61.15age five, one physician who cares for young children with special health care needs, one
61.16representative each from the commissioners of commerce, education, health, human
61.17services, a representative from the state agency responsible for child care, foster care,
61.18mental health, homeless coordinator of education of homeless children and youth, and a
61.19representative from Indian health services or a tribal council. Section 15.059, subdivisions
61.202 to 5, apply to the council. The council must meet at least quarterly.
61.21The council must address methods of implementing the state policy of developing
61.22and implementing comprehensive, coordinated, multidisciplinary interagency programs of
61.23early intervention services for children with disabilities and their families.
61.24The duties of the council include recommending policies to ensure a comprehensive
61.25and coordinated system of all state and local agency services for children under age five
61.26with disabilities and their families. The policies must address how to incorporate each
61.27agency's services into a unified state and local system of multidisciplinary assessment
61.28practices, individual intervention plans, comprehensive systems to find children in need of
61.29services, methods to improve public awareness, and assistance in determining the role of
61.30interagency early intervention committees.
61.31On the date that Minnesota Part C Annual Performance Report is submitted to the
61.32federal Office of Special Education, the council must recommend to the governor and the
61.33commissioners of education, health, human services, commerce, and employment and
61.34economic development policies for a comprehensive and coordinated system.
61.35On an annual basis, the council must prepare and submit an annual report to the
61.36governor and the secretary of the federal Department of Education on the status of early
62.1intervention services and programs for infants and toddlers with disabilities and their
62.2families under the Individuals with Disabilities Education Act, United States Code, title
62.320, sections 1471 to 1485 (Part C, Public Law 102-119), as operated in Minnesota. The
62.4Minnesota Part C annual performance report may serve as the report.
62.5Notwithstanding any other law to the contrary, the State Interagency Coordinating
62.6Council expires on June 30, 2014 does not expire unless federal law no longer requires
62.7the existence of the council or committee.

62.8    Sec. 8. Minnesota Statutes 2012, section 125A.29, is amended to read:
62.9125A.29 RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL
62.10BOARDS.
62.11(a) It is the joint responsibility of county boards and school boards to coordinate,
62.12provide, and pay for appropriate services, and to facilitate payment for services from public
62.13and private sources. Appropriate services for children eligible under section 125A.02 must
62.14be determined in consultation with parents, physicians, and other educational, medical,
62.15health, and human services providers. The services provided must be in conformity with:
62.16(1) an IFSP for each eligible infant and toddler from birth through age two and
62.17the infant's or toddler's family including:
62.18(i) American Indian infants and toddlers with disabilities and their families residing
62.19on a reservation geographically located in the state;
62.20(ii) infants and toddlers with disabilities who are homeless children and their
62.21families; and
62.22(iii) infants and toddlers with disabilities who are wards of the state; or
62.23(2) an individualized education program (IEP) or individual service plan (ISP) for
62.24each eligible child ages three through four.
62.25(b) Appropriate early intervention services include family education and
62.26counseling, home visits, occupational and physical therapy, speech pathology, audiology,
62.27psychological services, special instruction, nursing, respite, nutrition, assistive technology,
62.28transportation and related costs, social work, vision services, case management services
62.29provided in conformity with an IFSP that are designed to meet the special developmental
62.30needs of an eligible child and the needs of the child's family related to enhancing the
62.31child's development and that are selected in collaboration with the parent. These services
62.32include core early intervention services and additional early intervention services listed in
62.33this section and infant and toddler intervention services defined under United States Code,
62.34title 20, sections 1431 to 1444, and Code of Federal Regulations, title 34, section 303,
62.35 including service coordination under section 125A.33, medical services for diagnostic and
63.1evaluation purposes, early identification, and screening, assessment, and health services
63.2necessary to enable children with disabilities to benefit from early intervention services.
63.3(c) School and county boards shall coordinate early intervention services. In the
63.4absence of agreements established according to section 125A.39, service responsibilities
63.5for children birth through age two are as follows:
63.6(1) school boards must provide, pay for, and facilitate payment for special education
63.7and related services required under sections 125A.03 and 125A.06;
63.8(2) county boards must provide, pay for, and facilitate payment for noneducational
63.9services of social work, psychology, transportation and related costs, nursing, respite, and
63.10nutrition services not required under clause (1).
63.11(d) School and county boards may develop an interagency agreement according
63.12to section 125A.39 to establish agency responsibility that assures early intervention
63.13services are coordinated, provided, paid for, and that payment is facilitated from public
63.14and private sources.
63.15(e) County and school boards must jointly determine the primary agency in this
63.16cooperative effort and must notify the commissioner of the state lead agency of their
63.17decision.

63.18    Sec. 9. Minnesota Statutes 2012, section 125A.30, is amended to read:
63.19125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.
63.20(a) A school district, group of districts, or special education cooperative, in
63.21cooperation with the health and human service agencies located in the county or counties
63.22in which the district or cooperative is located, must establish an Interagency Early
63.23Intervention Committee for children with disabilities under age five and their families
63.24under this section, and for children with disabilities ages three to 22 consistent with
63.25the requirements under sections 125A.023 and 125A.027. Committees must include
63.26representatives of local health, education, and county human service agencies, county
63.27boards, school boards, early childhood family education programs, Head Start, parents of
63.28young children with disabilities under age 12, child care resource and referral agencies,
63.29school readiness programs, current service providers, and may also include representatives
63.30from other private or public agencies and school nurses. The committee must elect a chair
63.31from among its members and must meet at least quarterly.
63.32(b) The committee must develop and implement interagency policies and procedures
63.33concerning the following ongoing duties:
64.1(1) develop public awareness systems designed to inform potential recipient families,
64.2especially parents with premature infants, or infants with other physical risk factors
64.3associated with learning or development complications, of available programs and services;
64.4(2) to reduce families' need for future services, and especially parents with premature
64.5infants, or infants with other physical risk factors associated with learning or development
64.6complications, implement interagency child find systems designed to actively seek out,
64.7identify, and refer infants and young children with, or at risk of, disabilities, including
64.8a child under the age of three who: (i) is involved in the subject of a substantiated case
64.9of abuse or neglect or (ii) is identified as directly affected by illegal substance abuse, or
64.10withdrawal symptoms resulting from prenatal drug exposure;
64.11(3) establish and evaluate the identification, referral, child screening, evaluation,
64.12child- and family-directed assessment systems, procedural safeguard process,
64.13and community learning systems to recommend, where necessary, alterations and
64.14improvements;
64.15(4) assure the development of individualized family service plans for all eligible
64.16infants and toddlers with disabilities from birth through age two, and their families,
64.17and individualized education programs and individual service plans when necessary to
64.18appropriately serve children with disabilities, age three and older, and their families and
64.19recommend assignment of financial responsibilities to the appropriate agencies;
64.20(5) implement a process for assuring that services involve cooperating agencies at all
64.21steps leading to individualized programs;
64.22(6) facilitate the development of a transitional transition plan if a service provider is
64.23not recommended to continue to provide services in the individual family service plan by
64.24the time a child is two years and nine months old;
64.25(7) identify the current services and funding being provided within the community
64.26for children with disabilities under age five and their families;
64.27(8) develop a plan for the allocation and expenditure of additional state and federal
64.28early intervention funds under United States Code, title 20, section 1471 et seq. (Part C,
64.29Public Law 108-446) and United States Code, title 20, section 631, et seq. (Chapter I,
64.30Public Law 89-313); and
64.31(9) develop a policy that is consistent with section 13.05, subdivision 9, and federal
64.32law to enable a member of an interagency early intervention committee to allow another
64.33member access to data classified as not public.
64.34(c) The local committee shall also:
65.1(1) participate in needs assessments and program planning activities conducted by
65.2local social service, health and education agencies for young children with disabilities
65.3and their families; and.
65.4(2) review and comment on the early intervention section of the total special
65.5education system for the district, the county social service plan, the section or sections of
65.6the community health services plan that address needs of and service activities targeted
65.7to children with special health care needs, the section on children with special needs in
65.8the county child care fund plan, sections in Head Start plans on coordinated planning and
65.9services for children with special needs, any relevant portions of early childhood education
65.10plans, such as early childhood family education or school readiness, or other applicable
65.11coordinated school and community plans for early childhood programs and services, and
65.12the section of the maternal and child health special project grants that address needs of and
65.13service activities targeted to children with chronic illness and disabilities.

65.14    Sec. 10. Minnesota Statutes 2012, section 125A.32, is amended to read:
65.15125A.32 INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP).
65.16(a) A team must participate in IFSP meetings to develop the IFSP. The team shall
65.17include:
65.18(1) a parent or parents of the child, as defined in Code of Federal Regulations,
65.19title 34, section 303.27;
65.20(2) other family members, as requested by the parent, if feasible to do so;
65.21(3) an advocate or person outside of the family, if the parent requests that the
65.22person participate;
65.23(4) the service coordinator who has been working with the family since the
65.24initial referral, or who has been designated by the public agency to be responsible for
65.25implementation of the IFSP and coordination with other agencies including transition
65.26services; and
65.27(5) a person or persons involved in conducting evaluations and assessments.; and
65.28(6) as appropriate, persons who will be providing early intervention services under
65.29the plan to the child or family.
65.30(b) The IFSP must include:
65.31(1) information about the child's developmental status;
65.32(2) family information, with the consent of the family;
65.33(3) measurable results or major outcomes expected to be achieved by the child with
65.34the family's assistance, that include developmentally appropriate preliteracy and language
65.35skills for the child, and the criteria, procedures, and timelines;
66.1(4) specific early intervention services based on peer-reviewed research, to the
66.2extent practicable, necessary to meet the unique needs of the child and the family to
66.3achieve the outcomes;
66.4(5) payment arrangements, if any;
66.5(6) medical and other services that the child needs, but that are not required under
66.6the Individual with Disabilities Education Act, United States Code, title 20, section 1471
66.7et seq. (Part C, Public Law 108-446) including funding sources to be used in paying for
66.8those services and the steps that will be taken to secure those services through public
66.9or private sources;
66.10(7) dates and duration of early intervention services;
66.11(8) name of the service coordinator;
66.12(9) steps to be taken to support a child's transition from early infant and toddler
66.13 intervention services to other appropriate services, including convening a transition
66.14conference at least 90 days or, at the discretion of all parties, not more than nine months
66.15before the child is eligible for preschool services; and
66.16(10) signature of the parent and authorized signatures of the agencies responsible
66.17for providing, paying for, or facilitating payment, or any combination of these, for early
66.18 infant and toddler intervention services.

66.19    Sec. 11. Minnesota Statutes 2012, section 125A.33, is amended to read:
66.20125A.33 SERVICE COORDINATION.
66.21(a) The team responsible for the initial evaluation and the child- and family-directed
66.22assessment and for developing the IFSP under section 125A.32, if appropriate, must
66.23select a service coordinator to carry out service coordination activities on an interagency
66.24basis. Service coordination must actively promote a family's capacity and competency
66.25to identify, obtain, coordinate, monitor, and evaluate resources and services to meet the
66.26family's needs. Service coordination activities include:
66.27(1) coordinating the performance of evaluations and assessments;
66.28(2) facilitating and participating in the development, review, and evaluation of
66.29individualized family service plans;
66.30(3) assisting families in identifying available service providers;
66.31(4) coordinating and monitoring the delivery of available services;
66.32(5) informing families of the availability of advocacy services;
66.33(6) coordinating with medical, health, and other service providers;
66.34(7) facilitating the development of a transition plan to preschool, school, or if
66.35appropriate, to other services, at least 90 days before the time the child is no longer
67.1eligible for early infant and toddler intervention services or, at the discretion of all parties,
67.2not more than nine months prior to the child's eligibility for preschool services third
67.3birthday, if appropriate;
67.4(8) managing the early intervention record and submitting additional information to
67.5the local primary agency at the time of periodic review and annual evaluations; and
67.6(9) notifying a local primary agency when disputes between agencies impact service
67.7delivery required by an IFSP.
67.8(b) A service coordinator must be knowledgeable about children and families
67.9receiving services under this section, requirements of state and federal law, and services
67.10available in the interagency early childhood intervention system. The IFSP must include
67.11the name of the services coordinator from the profession most relevant to the child's or
67.12family's needs or who is otherwise qualified to carry out all applicable responsibilities
67.13under the Individuals with Disabilities Education Act, United States Code, title 20,
67.14sections 1471 to 1485 (Part C, Public Law 102-119), who will be responsible for
67.15implementing the early intervention services identified in the child's IFSP, including
67.16transition services, and coordination with other agencies and persons.

67.17    Sec. 12. Minnesota Statutes 2012, section 125A.35, subdivision 1, is amended to read:
67.18    Subdivision 1. Lead agency; allocation of resources. The state lead agency must
67.19administer the early intervention account that consists of federal allocations. The Part C
67.20state plan must state the amount of federal resources in the early intervention account
67.21available for use by local agencies. The state lead agency must distribute the funds to the
67.22local primary agency designated by an Interagency Early Intervention Committee based
67.23on a formula that includes a December 1 count of the prior year of Part C eligible children
67.24for the following purposes:
67.25(1) as provided in Code of Federal Regulations, title 34, part 303.425 303.430, to
67.26arrange for payment for early intervention services not elsewhere available, or to pay for
67.27services during the pendency of a conflict procedure, including mediation, complaints, due
67.28process hearings, and interagency disputes; and
67.29(2) to support interagency child find system activities.

67.30    Sec. 13. Minnesota Statutes 2012, section 125A.36, is amended to read:
67.31125A.36 PAYMENT FOR SERVICES.
67.32Core early intervention services must be provided at public expense with no cost to
67.33parents. Parents must be requested to assist in the cost of additional early intervention
67.34services by using third-party payment sources and applying for available resources.
68.1Payment structures permitted under state law must be used to pay for additional early
68.2intervention services. Parental financial responsibility must be clearly defined in the
68.3IFSP. A parent's inability to pay must not prohibit a child from receiving needed early
68.4intervention services.

68.5    Sec. 14. Minnesota Statutes 2012, section 125A.43, is amended to read:
68.6125A.43 MEDIATION PROCEDURE.
68.7(a) The commissioner, or the commissioner's designee, of the state lead agency must
68.8use federal funds to provide mediation for the activities in paragraphs (b) and (c).
68.9(b) A parent may resolve a dispute regarding issues in section 125A.42, paragraph
68.10(b) , clause (5), through mediation. If the parent chooses mediation, mediation must be
68.11voluntary on the part of the parties. The parent and the public agencies must complete the
68.12mediation process within 30 calendar days of the date the Office of Dispute Resolution
68.13 Department of Education receives a parent's written request for mediation unless a district
68.14declines mediation. The mediation process may not be used to delay a parent's right
68.15to a due process hearing. The resolution of the written, signed mediation agreement is
68.16not binding on any party both parties and is enforceable in any state court of competent
68.17jurisdiction or in a district court of the United States.
68.18(c) Resolution of a dispute through mediation, or other form of alternative dispute
68.19resolution, is not limited to formal disputes arising from the objection of a parent or
68.20guardian and is not limited to the period following a request for a due process hearing.
68.21(d) The commissioner shall provide training and resources to school districts to
68.22facilitate early identification of disputes and access to mediation.
68.23(e) The local primary agency may request mediation on behalf of involved agencies
68.24when there are disputes between agencies regarding responsibilities to coordinate, provide,
68.25pay for, or facilitate payment for early intervention services.

68.26    Sec. 15. RULEMAKING AUTHORITY.
68.27The commissioner of education shall amend Minnesota Rules related to the
68.28provision of special education under Part C of the Individuals with Disabilities Education
68.29Act using the expedited rulemaking process in Minnesota Statutes, section 14.389. The
68.30commissioner shall amend rules in response to new federal regulations in Code of
68.31Federal Regulations, title 34, part 303, including definitions of and procedures related to
68.32evaluation and assessment, including assessment of the child and family, initial evaluation
68.33and assessment, native language, the use of informed clinical opinion as an independent
69.1basis to establish eligibility, and transition of a toddler from Part C consistent with Code
69.2of Federal Regulations, title 34, sections 303.24, 303.25, and 303.321.

69.3    Sec. 16. REPEALER.
69.4Minnesota Statutes 2012, section 125A.35, subdivisions 4 and 5, are repealed.


69.7    Section 1. Minnesota Statutes 2012, section 124D.095, subdivision 10, is amended to
69.8read:
69.9    Subd. 10. Online and Digital Learning Advisory Council. (a) An Online and
69.10Digital Learning Advisory Council is established. The term for each council member shall
69.11be three years. The advisory council is composed of 12 14 members from throughout the
69.12state who have demonstrated experience with or interest in online learning. Two members
69.13of the council must represent technology business. The remaining membership must
69.14represent the following interests:
69.15(1) superintendents;
69.16(2) special education specialists;
69.17(3) technology directors;
69.18(4) teachers;
69.19(5) rural, urban, and suburban school districts;
69.20(6) supplemental programs;
69.21(7) full-time programs;
69.22(8) consortia;
69.23(9) charter schools;
69.24(10) Board of Teaching-approved teacher preparation programs; and
69.25(11) parents.
69.26The members of the council shall be appointed by the commissioner.
69.27(b) The advisory council shall bring to the attention of the commissioner and the
69.28legislature any matters related to online and digital learning and. The advisory council
69.29shall provide input to the department and the legislature in online learning matters related,
69.30but not restricted, to:
69.31(1) quality assurance;
69.32(2) teacher qualifications;
69.33(3) program approval;
69.34(4) special education;
70.1(5) attendance;
70.2(6) program design and requirements; and
70.3(7) fair and equal access to programs.
70.4(b) By June 30, 2013, (c) The Online Learning advisory council with the support of
70.5the Minnesota Department of Education and the Minnesota Learning Commons shall:
70.6(1) oversee the development and maintenance of a catalog of publicly available
70.7digital learning content currently aligned to Minnesota academic standards to include:
70.8(i) indexing of Minnesota academic standards with which curriculum is aligned;
70.9(ii) a method for student and teacher users to provide evaluative feedback; and
70.10(iii) a plan for ongoing maintenance; and
70.11(2) recommend methods for including student performance data on the digital
70.12learning content within the catalog.
70.13(d) The advisory council shall also consider and provide input to the department and
70.14legislature on digital learning matters including, but not limited to:
70.15(1) methods to maximize the effectiveness of technology and related instructional
70.16strategies in teaching and learning to improve student outcomes and identify methods
70.17for measuring the impact of using various forms of digital learning in and outside of
70.18the classroom;
70.19(2) the effective use of technology to advance a student's ability to learn 21st
70.20century skills and knowledge and to involve parents in an education system that is more
70.21transparent in terms of outcomes and processes by providing toolkits to help parents,
70.22students, and schools make good decisions in the environment of choice;
70.23(3) the use of technology for schools to personalize or differentiate learning to
70.24the needs, abilities, and learning styles of each student and guide them towards greater
70.25ownership of their learning, so that all students are digital learners and have access to
70.26high-quality digital curriculum in every class and level;
70.27(4) methods to prepare current and future educators, education leaders, and staff,
70.28to provide professional development and collaboration around best practices to use, and
70.29to evaluate the effectiveness of digital tools and instructional strategies to personalize or
70.30differentiate education and focus on competency-based learning and advancement, so that
70.31all teachers have a digital presence and use high-quality digital curriculum;
70.32(5) methods to support collaborative efforts to leverage resources among districts or
70.33at regional levels to provide digital resources, content, and curriculum;
70.34(6) the barriers to improving the use of technology in the classroom, and methods
70.35to ensure that each student has access to a digital device and high-speed Internet at
70.36school and at home; and
71.1(7) the current disparities in digital education across the state.
71.2(e) The advisory council shall make policy recommendations to the commissioner
71.3and committees of the legislature having jurisdiction over kindergarten through grade 12
71.4education annually by December 15 of each year, including implementation plans based
71.5on recommendations from previous councils and task forces related to online and digital
71.6learning.
71.7(c) (f) The Online and Digital Learning Advisory Council under this subdivision
71.8expires June 30, 2013 2016.


71.11    Section 1. REVISOR'S INSTRUCTION.
71.12In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall substitute
71.13the term "Division of State Library Services" for "Library Development and Services,"
71.14"Office of Library Development and Services," or "LDS" where "LDS" stands for "Library
71.15Development and Services." The revisor shall also make grammatical changes related
71.16to the changes in terms.


71.20    Section 1. Minnesota Statutes 2012, section 124D.52, is amended by adding a
71.21subdivision to read:
71.22    Subd. 8. Standard high school diploma for adults. (a) The commissioner shall
71.23adopt rules for providing a standard adult high school diploma to persons who:
71.24(1) are not eligible for kindergarten through grade 12 services;
71.25(2) do not have a high school diploma; and
71.26(3) successfully complete an adult basic education program of instruction approved
71.27by the commissioner of education necessary to earn an adult high school diploma.
71.28(b) Persons participating in an approved adult basic education program of instruction
71.29must demonstrate proficiency in a standard set of competencies that reflect the knowledge
71.30and skills sufficient to ensure that postsecondary programs and institutions and potential
71.31employers regard persons with a standard high school diploma and persons with a standard
71.32adult high school diploma as equally well prepared and qualified graduates. Approved
71.33adult basic education programs of instruction under this subdivision must issue a standard
71.34adult high school diploma to persons who successfully demonstrate proficiency in the
71.35competencies, knowledge, and skills required by the program.
72.1EFFECTIVE DATE.This section is effective July 1, 2014.

72.2    Sec. 2. Laws 2011, First Special Session chapter 11, article 7, section 2, subdivision 8,
72.3as amended by Laws 2012, chapter 239, article 3, section 4, is amended to read:
72.4    Subd. 8. Early childhood education scholarships. For grants to early childhood
72.5education scholarships for public or private early childhood preschool programs for
72.6children ages 3 to 5:

72.7

$

2,000,000

.....

2013

72.8(a) All children whose parents or legal guardians meet the eligibility requirements
72.9of paragraph (b) established by the commissioner are eligible to receive early childhood
72.10education scholarships under this section.
72.11(b) A parent or legal guardian is eligible for an early childhood education scholarship
72.12if the parent or legal guardian:
72.13(1) has a child three or four years of age on September 1, beginning in calendar
72.14year 2012; and
72.15(2)(i) has income equal to or less than 47 percent of the state median income in the
72.16current calendar year; or
72.17(ii) can document their child's identification through another public funding
72.18eligibility process, including the Free and Reduced Price Lunch Program, National School
72.19Lunch Act, United States Code, title 42, section 1751, part 210; Head Start under federal
72.20Improving Head Start for School Readiness Act of 2007; Minnesota family investment
72.21program under chapter 256J; and child care assistance programs under chapter 119B.
72.22 Early childhood scholarships may not be counted as earned income for the purposes of
72.23medical assistance, MinnesotaCare, MFIP, child care assistance, or Head Start programs.
72.24Each year, if this appropriation is insufficient to provide early childhood education
72.25scholarships to all eligible children, the Department of Education shall make scholarships
72.26available on a first-come, first-served basis.
72.27The commissioner of education shall submit a written report to the education
72.28committees of the legislature by January 15, 2012, describing its plan for implementation
72.29of scholarships under this subdivision for the 2012-2013 school year.
72.30Any balance in the first year does not cancel but is available in the second year.
72.31The base for this program is $3,000,000 each year.

72.32    Sec. 3. STANDARD ADULT HIGH SCHOOL DIPLOMA ADVISORY TASK
72.33FORCE.
73.1    Subdivision 1. Establishment. The commissioner of education shall appoint a
73.2nine-member advisory task force to recommend programmatic requirements for adult
73.3basic education programs of instruction leading to a standard adult high school diploma
73.4under Minnesota Statutes, section 124D.52, subdivision 8.
73.5    Subd. 2. Membership. The commissioner of education must appoint representatives
73.6from the following organizations to the task force by July 1, 2013:
73.7(1) one employee of the Department of Education with expertise in adult basic
73.8education;
73.9(2) five administrators and secondary teachers with expertise in development of
73.10education curriculum from local adult basic education programs located in rural, suburban,
73.11and urban areas of the state, at least one of whom represents Literacy Action network;
73.12(3) one employee of the Minnesota State Colleges and Universities with expertise
73.13in adult basic education;
73.14(4) one employee of the Department of Employment and Economic Development
73.15with expertise in adult basic education and employment; and
73.16(5) one member of the Minnesota Chamber of Commerce familiar with adult basic
73.17education programs under Minnesota Statutes, section 124D.52.
73.18    Subd. 3. Duties. The duties of the task force shall include:
73.19(1) reviewing "Minnesota Adult Secondary Credential: a Student Strategy for
73.20Workforce Readiness and Individual Prosperity," a report submitted in 2012 by the
73.21Minnesota Adult Secondary Task Force, and other relevant materials; and
73.22(2) developing specific criteria to be used in awarding the new adult diploma.
73.23    Subd. 4. First meeting. The commissioner of education must convene the first
73.24meeting of the task force by August 1, 2013.
73.25    Subd. 5. Chair. The commissioner shall appoint a chair.
73.26    Subd. 6. Compensation. Task force members are not eligible for compensation or
73.27reimbursement for expenses related to task force activities.
73.28    Subd. 7. Assistance. The commissioner, upon request, must provide technical
73.29assistance to task force members.
73.30    Subd. 8. Report. By February 1, 2014, the task force must submit its
73.31recommendations to the commissioner of education for providing a standard adult high
73.32school diploma to persons who are not eligible for kindergarten through grade 12 services,
73.33who do not have a high school diploma, and who successfully complete an approved adult
74.1basic education program of instruction necessary to earn an adult high school diploma.
74.2The commissioner must consider these recommendations when adopting rules under
74.3Minnesota Statutes, section 124D.52, subdivision 8.
74.4    Subd. 9. Sunset. The task force sunsets the day after submitting its report under
74.5subdivision 8, or February 2, 2014, whichever is earlier.
74.6EFFECTIVE DATE.This section is effective the day following final enactment."
74.7Delete the title and insert:
74.9relating to education; modifying policies for early childhood through grade
74.1012 education; including general education student accountability; education
74.11excellence; charter schools; special programs; technology; libraries; and
74.12early childhood education, self-sufficiency, and lifelong learning;amending
74.13Minnesota Statutes 2012, sections 15.059, subdivision 5b; 120A.41; 120B.02;
74.14120B.021, subdivision 1; 120B.023; 120B.024; 120B.15; 120B.31, subdivision
74.151; 122A.09, subdivision 4; 122A.18, subdivision 2; 122A.23, subdivision
74.162; 122A.28, subdivision 1; 123B.88, subdivision 22; 123B.92, subdivision
74.171; 124D.095, subdivision 10; 124D.10; 124D.122; 124D.128, subdivision
74.182; 124D.52, by adding a subdivision; 124D.79, subdivision 1, by adding
74.19a subdivision; 125A.0941; 125A.0942; 125A.27, subdivisions 8, 11, 14;
74.20125A.28; 125A.29; 125A.30; 125A.32; 125A.33; 125A.35, subdivision 1;
74.21125A.36; 125A.43; 126C.10, subdivision 14; 126C.15, subdivision 2; 260A.02,
74.22subdivision 3; 260A.03; 260A.05, subdivision 1; 260A.07, subdivision 1;
74.23Laws 2011, First Special Session chapter 11, article 7, section 2, subdivision
74.248, as amended; proposing coding for new law in Minnesota Statutes, chapters
74.25120B; 124D; repealing Minnesota Statutes 2012, section 125A.35, subdivisions
74.264, 5; Minnesota Rules, parts 3501.0505; 3501.0510; 3501.0515; 3501.0520;
74.273501.0525; 3501.0530; 3501.0535; 3501.0540; 3501.0545; 3501.0550."