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Alexis C. Stangl
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   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 767 - E-12 Finance Division Omnibus (Second Engrossment)
 
Author: Senator Charles W. Wiger
 
Prepared By: Bjorn E. Arneson, Senate Analyst (651/296-3812)
Ann Marie Lewis, Senate Counsel (651/296-5301)
 
Date: April 2, 2014



 

 ARTICLE 1

EARLY CHILDHOOD THROUGH GRADE 12 EDUCATION

Section 1.  School district or charter school disclosure of violence or inappropriate sexual contact.  Requires a superintendent to release private personnel data on a current or former employee related to acts of violence toward or sexual contact with a student, if the employee resigned while a complaint or charge involving the allegation was pending and the allegations involved acts of sexual contact with a student.  The data that are released must not include data on the student.

Section 2.  Revenue amount.  Updates obsolete cross-reference relating to alternative teacher compensation revenue.

Section 3.  Reserve revenue.  Technical corrections relating to districts that are members of an area learning center or alternative learning program.

Section 4.  Joint powers cooperative facility.  [Effective the day following final enactment.]

Section 4, subdivision 1.  Schools may be jointly operated.  Authorizes districts to jointly operate a secondary school facility.

Section 4, subdivision 2.  Expanded program offerings.  Requires that a jointly operated secondary program provide enhanced learning opportunities and broader curriculum.

Section 4, subdivision 2a.  Teachers.  Requires that a district not terminate or place on unrequested leave a tenured classroom teacher for 24 months following entry into agreement to jointly operate a secondary facility under this section.

Section 4, subdivision 2b.  Transfer of employees.  Provides that employees transferring between joint powers member districts retain accrued years of service for the purpose of calculating salary and benefits in the receiving district.

Section 4, subdivision 3.  Revenue.  Provides that a joint program under this section is eligible for consolidation aid and cooperative facilities grants.

Section 4, subdivision 4.  Duty to maintain elementary and secondary schools met.  Provides that a district operating a joint program satisfies its duty to maintain a secondary school.

Section 4, subdivision 5.  Estimated market value limit exclusion.  Provides that bonds issued by a school district for a cooperative facility are not subject to the net debt limit.

Section 4, subdivision 6.  Allocation of levy authority for joint facility.  Provides that the debt for a cooperative facility may be assigned to member districts according to the joint powers agreement.

Section 4, subdivision 7.  Effect of consolidation.  Provides that the joint powers agreement may specify how districts certify levies in the event that they consolidate.

Section 4, subdivision 8.  Bonds.  Provides for the issuance of bonds either jointly or individually.  Member districts must only issue bonds and certify a property tax levy upon passage of a voter referendum and a resolution adopted by the district board.

Section 4, subdivision 9.  Election.  Provides a district the option to conduct a referendum on a joint facility separately or at the same time as the bond election.  If the facility referendum does not pass, the district may not proceed with the bond sale.

Section 5.  Consolidation transition aid.  [Effective for state aid for fiscal year 2017 and later.]

Section 5, subdivision 1.  Eligibility and use.  Provides that a district operating a cooperative facility is eligible for consolidation transition aid and that aid may be used to repay building debt.

Section 5, subdivision 2.  Aid.  Increases the per-pupil allowance for consolidation transition aid and eliminates the upper threshold for the number of pupil units that may generate aid.  Provides that a district may receive aid for up to five years.

Section 5, subdivision 4.  New districts.  Conforming changes.

Section 6.  Duty to maintain elementary and secondary schools.  Provides that a district operating a cooperative secondary facility satisfies its duty to maintain a secondary school.

Section 7.  Debt service revenue definitions.  Clarifies that payments from the Iron Range school consolidation and cooperatively operated school account and Douglas J. Johnson economic protection trust fund are excluded from eligible debt service revenue for school districts.

Section 8.  Review and comment.  Increases the expenditure threshold for school facility projects that require the commissioner’s review and comment.  Provides that certain projects funded from existing facilities revenues are exempt from review and comment.

Section 9.  Information required.  Clarifies the information that a school board must submit to the commissioner for projects that require the commissioner’s review and comment.

Section 10.  Levy recognition.  Technical change related to the elimination of the property tax recognition shift.

Section 11.  Enrollment priority.  Allows a student eligible to participate in the graduation incentives program that enrolls full-time in a middle or early college program to receive developmental college credits.  This section is effective July 1, 2014.

Section 12.  Financial arrangements.  Technical change related to the payments to eligible institutions serving post-secondary enrollment options pupils. The change conforms with the pupil weight adjustments made by Laws 2013, Chapter 116.

Section 13.  General education revenue.  Clarifies that a charter school does not receive local optional (formerly ‘location equity’) revenue and that a charter school receives declining enrollment revenue as if it were a school district.

Section 14.  School lunch aid computation.  Increases the state reimbursement for school lunches served to students who qualify for reduced-price lunches.

Section 15.  No fees.  Requires that a participant in the school lunch program provide lunch free of charge to students who qualify for free or reduced-price lunches.  Requires the school lunch program participant to not demean or stigmatize a child in reminders for payments of outstanding student meal balances.

Section 16.  Inability to pay.  A participant in the school lunch program is encouraged to let a student eat the school-provided meal in any circumstance.

Section 17.  Program requirements.  Requires that Early Childhood Family Education (ECFE) programs provide certain additional programming targeted at families and parents identified in a community needs assessment.

Section 18.  Home visiting program.  Requires that home visiting programs provide certain additional programming and that the program be delivered by licensed or certified educators or professionals with an equivalent credential.

Section 19.  District advisory councils.  Requires school district ECFE advisory councils to represent the demographics of the community.  To the extent possible, the district must ensure that the council includes representation of families who are racially, culturally, linguistically, and economically diverse.

Section 20.  Program data submission requirements.  Annual program data collected by districts receiving ECFE revenue must include data that demonstrates the program response to the community needs assessment.

Section 21.  Supervision.  Requires an ECFE program provided by a board to be supervised by a licensed early childhood teacher or a licensed parent educator.

Section 22.  Parenting education transition program.  Allows ECFE programs in districts with a prekindergarten-grade three initiative to provide parenting education transition programming to facilitate continued parent engagement in children’s learning and development.  Encourages ECFE programs to develop partnerships to provide a parenting education liaison to providers of other early learning programs.

Section 23.  Revenue.  Increases the per-pupil allowance for early childhood family education programs and indexes the allowance to future changes in the formula allowance.

Section 24.  Early childhood family education levy.  Strikes obsolete language.

Section 25.  Administration.  [Effective the day following final enactment.] Authorizes the Commissioner of Education to establish a target for the average early learning scholarship based on data from the biennial child care market rate survey. Allows a qualifying program with children on a waiting list to enroll scholarship recipients in a manner similar to other program participants and to apply for direct payment of state aid.

Section 26.  Early childhood program eligibility.  Allows a Minnesota early learning foundation scholarship program pilot site to accept an early learning scholarship.

Section 27.  Report required.  Requires the commissioner to include student outcomes by program setting, the number of scholarship recipients in each program setting, and a geographic summary of recipients by county, in the evaluation of the early learning scholarship program.  Directs the commissioner to submit the report to the legislature by January 15, 2016.

Section 28.  Adult basic education supplemental service grants.  Increases the proportion of total supplemental services aid that may be allocated to a single organization.

Section 29.  State total adult basic education aid.  Increases the growth factor for adult basic education aid.  Increases the proportion of aid that must be set aside for supplemental service grants.

Section 30.  Program revenue.  Provides that adult basic education revenue is calculated, in part, on the number of adults in a district age 25 or older without a diploma.

Section 31.  English learner.  Requires that a pupil’s English language proficiency be measured by a valid assessment. Provides that a pupil may generate English learner aid if the pupil scores below the state threshold on the assessment or is not able to demonstrate academic language proficiency.  Provides that a qualifying pupil may generate English learner aid for up to six years.

Section 32.  School district EL revenue.  Increases the per-pupil allowance for English learner revenue.  Conforming changes.

Section 33.  Initial achievement and integration revenue.  [Effective the day following final enactment and applies to revenue for fiscal year 2014 and later.] Provides that a district’s achievement and integration revenue equals the lesser of actual expenditures or revenue calculated under this subdivision.

Section 34.  Incentive revenue.  [Effective the day following final enactment and applies to revenue for fiscal year 2014 and later.] Provides that a district’s achievement and integration incentive revenue equals the lesser of actual expenditures or revenue calculated under this subdivision.

Section 35.  Individualized education programs; data reporting requirements.

Subd. 2.  Online reporting of required data. (a)  Directs the commissioner to integrate, customize, and sustain a streamlined, user-friendly statewide online system, with a single, integrated model online form, for collecting and reporting special education-related data.  Requires the online system to interface with existing state reporting systems and with local district data systems.

(b)  Directs the commissioner to consult with qualified experts on integrating, field testing, customizing, and sustaining the only data system.  Requires the system to: reduce special education teachers’ paperwork burden; provide for transmitting the records of all transferring children with disabilities; address language and other barriers and disparities that prevent parents from understanding and communicating information about the needs of their children with disabilities; facilitate school districts’ ability to bill third-party payers; help improve the interface among the online systems serving children with disabilities; and have readily accessible technical assistance.

(c)  Directs the commissioner to use model forms for the individualized education program, notice of procedural safeguards, and prior written notice to integrate and customize a universal special education online case management system.  Directs the commissioner to use a request for proposal process to contract for the technology and software needed for the system to be fully functional.  The online system must be made available to districts without charge beginning in the 2015-2016 school year.  A data audit trail must include all actions in which data in the system are entered, updated, accessed, or shared or disseminated outside the system.  For the 2015-2016 through 2017-2018 school years, allows school districts to use the online system or contract with an outside vendor for compliance reporting.  Beginning in the 2018-2019 school year and later, school districts are required to use the online system.

(d)  Directs the commissioner to establish a public Internet Web interface to provide information about the form and content of required special education reports, to respond to queries about specific aspects of special education reports or reporting, and to use the information garnered from the interface to streamline and revise special education reporting on the online system. 

(e)  By February 1 of each year, the commissioner must report to the legislature on the status, recent changes, and sustainability of the online system.

Section 36.  Nonresident tuition rate.  Corrects cross-reference.  Conforming changes relating to the local optional levy.

Section 37.  Definitions.  Corrects a misspelled word.

Section 38-43.  Various special education sections.  [Sections 36 and 40 are effective for revenue in fiscal year 2016 and later. Sections 37-39 are effective the day following final enactment and apply to revenue for fiscal year 2014 and later. Section 41 is effective for revenue in fiscal year 2015 and later.] Technical corrections relating to the calculation of special education aid.

Section 44.  Learning year pupil units.  Technical correction relating to pupils in full-day kindergarten.

Section 45.  Extended time revenue.  [Effective the day following final enactment and applies to revenue for fiscal year 2014 and later.] Technical correction relating to extended time revenue for fiscal year 2014.

Section 46.  Declining enrollment revenue.  Provides that, for fiscal years 2015-2017, a student enrolled at the Crosswinds school shall not generate declining enrollment revenue for the district or charter in which they were last enrolled.

Section 47.  Operating capital levy.  Adjusts the operating capital equalizing factors for fiscal years 2016 and later.

Section 48-50.  [Equity revenue sections.]  Technical corrections.

Section 51.  Equity region.  Provides that a district with any of its area located within the seven-county metropolitan area is considered part of the metro equity region.

Section 52.  Transition revenue.  Technical correction relating to the roll out of alternative teacher compensation revenue from general education in fiscal year 2015.

Section 53.  Referendum equalization levy.  Strikes obsolete language.

Section 54.  Referendum aid guarantee.  Technical correction related to the local optional revenue subtraction from referendum revenue.

Section 55.  Referendum revenue.  Technical correction relating to the pupil units used to calculate referendum revenue.

Section 56.  Board-approved referendum allowance.  Technical correction clarifying the order of operations relating to the local optional revenue subtraction from referendum revenue.

Section 57.  To lease building or land.  [Effective for taxes payable in 2015 and later.] Increases lease levy authority for districts and intermediate districts.

Section 58.  Safe schools levy.  [Effective for taxes payable in 2015 and later.] Increases safe schools levy authority for districts that are members of an intermediate district.

Section 59.  Taconite payments and other reductions.  Provides that a district’s debt service levy may be reduced by more than 50% through payments from the Iron Range school consolidation and cooperatively operated school account or Douglas J. Johnson economic protection trust fund.

Section 60.  Definitions.  Technical change related to the restoration of the current year aid payment percentage.

Section 61.  Alternative attendance programs.  Technical change, updates cross-reference.

Section 62.  Powers and duties; report.  Directs the P-20 partnership to make recommendations on realigning the governance and administrative structures of early education, kindergarten through grade 12, and postsecondary systems in Minnesota.

Section 63-65.  Perpich Center. [Sections 61-62 are effective the day following final enactment.] Grants the Board of the Perpich Center for Arts Education the powers necessary for the care, management, and control of the Crosswinds school and authorizes the board to establish and operate an interdistrict integration magnet program.  Requires the board to have an approved achievement and integration plan and budget for fiscal year 2016 and later.

Section 65, subdivision 1.  Definitions.

Section 65, subdivision 2.  Board to operate the Crosswinds school.  Specifies that the Crosswinds school is governed by the Perpich board and that students may open enroll to the Crosswinds school from their resident district.

Section 65, subdivision 3.  General education funding.  Specifies how students enrolled at Crosswinds generate general education revenue. 

Section 65, subdivision 4.  Special education funding.  Specifies that special education aid paid to the Crosswinds school is adjusted for nonresident students in the standard way.

Section 65, subdivision 5.  Pupil transportation.  Requires EMID member districts to transport pupils enrolled at Crosswinds for the 2014-2015 school year.  Provides that interdistrict transportation for integration purposes is reimbursable with state aid.

Section 65, subdivision 6.  Achievement and integration aid.  Provides that the Crosswinds school is eligible to receive achievement and integration aid in fiscal year 2016 and later.

Section 65, subdivision 7.  Other aids, grants, revenue.  Authorizes Crosswinds to receive other aids, grants, and revenues in a similar fashion to charter schools.

Section 65, subdivision 8.  Year-round programming.  Authorizes Crosswinds to operate as a flexible learning year program.

Section 65, subdivision 9.  Data requirements.  Requires Crosswinds to follow standard budgeting, accounting, and data reporting conventions.

Section 66.  Iron Range school consolidation and cooperatively operated school account.  [Effective for production year 2014 and thereafter.] Requires that, beginning in fiscal year 2019, payments from the account be increased to offset any reduction in debt service equalization aid normally due to districts.

Section 67.  General education aid.  See fiscal tracking sheets.

Section 68.  Early childhood literacy programs.  See fiscal tracking sheets.  Requires that a certain amount be used to support priority and focus schools and to expanding kindergarten programming.

Section 69.  Special education paperwork cost savings.  [Effective the day following final enactment.] Inserts cross-reference to description of system in section 125A.08.

Section 70.  School lunch.  See fiscal tracking sheets.

Section 71.  School readiness.  See fiscal tracking sheets.

Section 72.  Early childhood education scholarships.  See fiscal tracking sheets.

Section 73.  Parent-child home program.  See fiscal tracking sheets.

Section 74.  Adult basic education aid.  See fiscal tracking sheets.

Section 75.  Appropriations; Minnesota state academies.  See fiscal tracking sheets.

Section 76.  Fiscal year 2015 lease levy authority.  Authorizes districts or intermediate districts to make a levy for taxes payable 2015 only consistent with the allowed uses of the lease levy.  The levy must be recognized as revenue in fiscal year 2015.

Section 77.  Harambee community school transition.  [Effective the day following final enactment.]

Section 77, subdivision 1.  Facilities.  Conveys the Harambee community school to the Roseville school district for use as a multidistrict integration facility.

Section 77, subdivision 2.  Student enrollment.  Specifies that students may open enroll to Crosswinds from their resident district and guarantees continued enrollment for any student enrolled at Harambee during the 2013-2014 school year.

Section 77, subdivision 3.  Compensatory revenue, literacy aid, and alternative compensation revenue.  Clarifies how pupil counts for compensatory revenue, literacy aid, and alternative compensation revenue are to be calculated for fiscal year 2015 only.

Section 77, subdivision 4.  Authorizes the Harambee school to operate a flexible learning year program.

Section 77, subdivision 5.  Authorizes the board to transport pupils and provides that pupil transportation expenses related to achievement and integration activities are reimbursable with state aid.

Section 78.  Information technology certification partnerships; request for proposal; program requirements. Directs the commissioner to issue a request for proposals and contract with at least one provider to provide information technology education for Minnesota students in grades 9-12.  Requires certain program components.

Section 79.  Lease levy; satellite transportation hub for Rosemount-Apple Valley-Eagan school district.  [Effective for taxes payable in 2015 and later.] Authorizes the district to use lease levy authority to construct a transportation hub if the project would result in significant financial savings.

Section 80.  Legislative report on K-12 students’ experience with physical education.  [Effective the day following final enactment.] Directs the commissioner to report to the legislature on K-12 students’ experience with physical education.  The report must include:  the number of minutes per day and frequency per week students in grades kindergarten through 8 receive physical education, identify high school requirements; measures used to assess students’ level of fitness and how the data is used; the educational preparation of physical education teachers and the amount of time certified physical education teachers provide physical education instruction; the amount of time kindergarten through grade 6 receives recess; whether high school students are allowed to substitute other activities for required physical education; the number of high school students earning required physical education credits online; whether schools offer before or after school physical activities in each grade, kindergarten through 8 and in high school; and the extent  to which schools coordinate with developmentally adaptive physical education specialists when needed.  The department must pay for the report out of its current operating budget.

Section 81.  Reciprocity agreement exemption; Hendricks.  Exempts Hendricks school district from the state’s reciprocity agreement with neighboring states.

Section 82.  Transition requirements; Crosswinds School.  [Effective the day following final enactment.]

Section 82, subdivision 1.  Transfer.  Conveys the Crosswinds school facility to Perpich Center for Arts Education for use as an east metropolitan area integration magnet school.

Section 82, subdivision 2.  Student enrollment.  Specifies that students may open enroll to Crosswinds from their resident district and guarantees continued enrollment for any student enrolled at Crosswinds during the 2013-2014 school year.

Section 82, subdivision 3.  Compensatory revenue, literacy aid, and alternative compensation revenue.  Clarifies how pupil counts for compensatory revenue, literacy aid, and alternative compensation revenue are to be calculated for fiscal year 2015 only.

Section 82, subdivision 4.  Title 1 funding.  Directs the department to qualify the Crosswinds school for federal funding.

Section 83.  Vision therapy pilot project.  Establishes a three-year grant program to fund vision therapy pilot projects in up to two school districts.

Section 84.  St. Paul Promise Neighborhood.  Appropriates money in FY15 only to the St. Paul Promise Neighborhood. Requires a report.

Section 85.  Northside Achievement Zone.  Appropriates money in FY15 only to the Northside Achievement Zone. Requires a report.

Section 86.  Appropriations.  See fiscal tracking sheets.

Section 87.  Revisor’s Instruction.  Instructs the revisor to change all references to “location equity” to “local optional.”

Section 88.  Repealer.  Repeals a subdivision from the review and comment statute that requires consultation before developing any plans to construct, remodel, or improve a building for which the estimated cost exceeds $500,000.

ARTICLE 2

FORECAST ADJUSTMENTS

Adjusts current biennium appropriations to conform to the February forecast.

ARTICLE 3

ENGLISH LEARNERS

Section 1.  Early Childhood Literacy Program.  (a) Requires Head Start literacy program providers to:  use a culturally relevant integrated approach to early literacy; and provide oral and written information to parents of English learners to know how their children are progressing in developing their English proficiency and, where practicable their native language proficiency, and engage with their children in developing that language proficiency.

(b) Requires Head Start literacy programs to collect literacy data to monitor the progress and provide reading instruction specific to the needs of English learners.

Section 2. School District Process for Reviewing Curriculum, Instruction, and Student Achievement; Striving for the World’s Best Workforce.

Subdivision 1.  Definitions. (a)  Amends the definition of “instruction” to include providing English learners with appropriate, full, and effective access to regular classroom instruction in core curriculum.

(c)  Amends the definition of “world’s best workforce” to ensure that all English learners have appropriate English learner instruction and content area support to achieve academic language proficiency and are taught the same state and local academic standards as native English speakers. 

(d)  Defines “cultural competence,” “cultural competency,” or “culturally competent” as the ability and will to interact effectively with people of different cultures, native languages, and socioeconomic backgrounds.

Subdivision 1a.  Performance Measures.  (a)  Amends the measurers of district progress to include the size of the gap in students’ access to rigorous coursework and enrichment experiences and the English language development and academic progress of English learners and their native language development if the native language is used as a language of instruction.

(b)  Requires schools to ensure the formative and summative assessments administered to English learners are accessible and the student have the modifications and supports they need to sufficiently understand the assessments.

Subdivision 2.  Adopting Plans and Budgets.  Requires a school district’s long-term strategic plan to include strategies for improving instruction, curriculum, and student achievement, including the English and the native language development and the academic achievement of English learners.

Subdivision 3.  District Advisory Committee.  Requires the district advisory committee to:  provide translation; and pursue community support to accelerate the academic and native literacy and achievement of English learners with varied needs.

Subdivision 4.  Site Team.  Allows the site team to develop and implement practices and strategies to improve cultural competencies, including cultural awareness and cross-cultural communication.

Subdivision 5.  Report.  Directs a school board to hold an annual public meeting to review and revise the strategies and practices for improving curriculum and instruction and cultural responsiveness, including cultural awareness and cross-cultural communication.

Subdivision 7.  Periodic Report.  Directs school districts to periodically survey affected constituencies in their native language where appropriate.

Subdivision 9.  Annual Evaluation.  Directs the Commissioner to identify school districts not making sufficient progress toward improving teaching and learning for all students, including English learners with varied needs.

Section 3.  Regional Centers of Excellence.  Directs the regional centers to assist districts and schools with the following: supporting culturally responsive teaching and learning aligning the development of academic English proficiency, state and local academic standards, and career and college readiness benchmarks; engaging parents, families, youth, and the community in programs and activities that foster collaboration and shared accountability for the achievement of all students; and translating district forms and other information such as a multi-lingual glossary of commonly used education terms and phrases.  Directs the centers to work with site leadership teams to provide effective and differentiated programs and instruction for different types of English learners.

Section 4.  Reading Proficiently No Later than the End of Third Grade.

Subdivision 1.  Literacy Goal.   Includes English learners in the legislature’s literacy goal.

Subdivision 2.  Identification; report.  Requires reading assessments in English and, in the predominate native languages of district students, to identify and evaluate students’ areas of academic need related to literacy.  Requires schools to monitor the progress and provide reading instruction appropriate to the specific needs of English learners. Requires the district’s locally adopted reading assessment to be developmentally appropriate and culturally responsive.

Subdivision 2a.  Parent Notification and involvement.  Requires schools annually to give parents of children not reading at grade level timely information about strategies the parents may use at home to help their children succeed in becoming proficient in reading in English and in their native language.

Subdivision 3.  Intervention.   Adds programs that strengthen students’ cultural connections to the list of suggested intervention methods.

Subdivision 4.  Staff Development.  Directs school districts to use data to identify staff development needs to enable teachers to: provide reading and oral language instruction that meets students’ developmental, linguistic, and literacy needs, including writing; maximize the oral language and linguistic strengths of English  learners in their native language in order to cultivate the students’ English language development, including oral academic language, and build academic literacy; provide training in culturally responsive pedagogy that enables students to master content, develop skills to access content; and build relationships.

Subdivision 4a.  Local Literacy Plan.  Directs school districts to adopt a local literacy plan to have every child reading at or above grade level by the end of third grade, including English learners.

Section 5.  Planning for Students’ Successful Transition to Postsecondary Education and Employment; Involuntary Career Tracking Prohibited.  (a)  Requires student plans to be designed to help students and their families identify collaborative partnerships of prekindergarten through grade 12 schools, postsecondary institutions, economic development agencies, and employers.  Requires student plans to be premised on developing 21st century skills including creativity, communication, and critical thinking.

(c)  Requires educators to possess the knowledge and skills to effectively teach all English learners in their classroom.  Requires school districts to provide appropriate curriculum, targeted materials, professional development opportunities for educators, and sufficient resources to enable English learners to become career and college ready.

Section 6.  State Growth Target; Other State Measures. (b)  Adds experts in culturally responsive teaching to the stakeholder group of assessment and evaluation experts consulting with the Commissioner on the state’s educational assessment system.

(f)  Directs the Commissioner, in consultation with experts in assessing the language proficiency and academic performance of English learners, to identify and report appropriate and effective measure to improve current categories of language difficulty and assessments, monitor and report data on students’ English.

Section 7.  School Performance Reports.  Adds the acquisition of English, native language academic literacy, and the academic progress of English learners to the school performance measures the Commissioner and school districts must report.

Section 8.  Comprehensive, Scientifically based Reading Instruction. (a)  For English learners developing literacy skills, encourages districts to use strategies that teach reading and writing in the students’ native language and English at the same time.

Section 9.  License and Rules. (g)  Requires all teacher candidates to be prepared in English language development and content instruction for English learners in order to be able to effectively instruct English learners in their classroom.

(i) Directs the Board of Teaching to required licensed teachers who are renewing their continuing license to include in their renewal requirements further preparation in English language development and specially designed content instruction in English for English learners.

Effective Date:   Makes the section effective August 1, 2015, and applicable to individuals entering a teacher preparation program after that date.

Section 10. Preparation Programs.  Requires school administrator preparation programs to include instruction on meeting the varied needs of English learners in English and in students’ native language.

Effective Date:  Makes the section effective August 1, 2015 and applicable to individuals entering a school administrator preparation program after that date.

Section 11.   Rule for Continuing Education Requirements.  Requires continuing education programs for administrators to provide information and training about building coherent and effective English learner strategies that include relevant professional development, accountability for student progress, students’ access to the general curriculum, and sufficient staff capacity to effect these strategies.

Effective Date:   Makes the section effective August 1, 2015and applicable to school administrators renewing their administrator’s license after that date.

Section 12.  Teacher and Support Personnel Qualifications. (d)  Requires teacher candidates to demonstrate the knowledge and skills needed to provide appropriate instruction to English learners o support and accelerate their academic literacy and achievement in content areas in the regular classroom.

Effective Date:   Makes the section effective August 1, 2015 and applicable to individuals entering a teacher preparation program after that date.

Section 13.  Reading Strategies.  Requires teacher candidates to be instructed in using students’ native languages as a resource in creating effective differentiated instructional strategies for English learners developing literacy skills.

Effective Date:   Makes the section effective August 1, 2015 and applicable to individuals entering a teacher preparation program after that date.

Section 14. Expiration and Renewal.  (b)  Requires licensed teachers who are renewing their license to demonstrate reflection and growth in best teaching practices including practices in meeting the varied needs of English learners.

Effective Date:   Makes the section effective August 1, 2015 and applicable to licensed teachers renewing their license after that date.

Section 15.  Bilingual and English as a Second Language Teachers; Licenses.

Subdivision 3.  Employment of Teachers.  Strikes a subdivision prohibiting teachers employed in a bilingual education or English as a second language program from being employed to replace any presently employed teacher who otherwise would not be replaced.

Subdivision 4.  Teacher Preparation Programs.  Requires teacher preparation programs to provide instruction in implementing research-based practices designed specifically for English learners.  Requires programs to focus on developing English learners’ academic language proficiency in English, including oral academic language, giving English learners access to the full school curriculum, developing culturally relevant teaching practices appropriate for immigrant students, and providing more intensive instruction and resources to English learners with lower levels of academic English proficiency and varied needs.

Subdivision 6.  Affirmative Efforts in Hiring.  Directs districts to give preference to native speakers who share a native language with the majority of their students.

Effective Date:   Makes subdivisions 1, 2, 5 and 6 effective August 1, 2015.  Makes subdivision 3 effective immediately.  Makes subdivision 4 effective August 1, 2015 and applicable to individuals entering a teacher preparation program after that date.

Section 16.  Development, Evaluation, and Peer Coaching for Continuing Contract Teachers.  (b)  Requires teachers’ annual evaluation process to include longitudinal data on the academic literacy, including oral academic language, and achievement of content areas of English learners.

Section 17.  Development, Evaluation, and Peer Coaching for Continuing Contract Teachers.  (b)  Requires teachers’ annual evaluation process to include longitudinal data on the academic literacy, including oral academic language, and achievement of content areas of English learners.

Section 18.  Plan Components.  Requires the Q-Comp educational improvement plan to: include assessment and evaluation tools to measure student performance and progress, including the academic literacy and achievement of English learners; and be based on national and state standards of effective teaching practice applicable to all students including English learners.

Effective Date:   Makes the section effective August 1, 2014 and applicable to plans approved after that date.

Section 19.  Alternative Teacher Professional Pay System.   Requires the alternative teacher professional pay system agreement to use measure of student achievement including academic literacy, oral academic language, and achievement of English learners.

Effective Date:   Makes this section applicable to agreements approved after August 1, 2014.

Section 20.  Effective Staff Development Activities.  Requires staff development activities to provide teachers of English learners differentiated instructional strategies critical for ensuring students’ long-term academic success, the means to effectively use assessment data on the academic literacy, oral academic language, and English language development of English learners, and skills to support native and English language development across the curriculum.

Section 21.  Contents of Plan.  Requires a staff development plan to address issues related to teaching English learners and students with special needs by focusing on long-term systemic efforts to improve educational services and opportunities and raise student achievement.

Section 22.  Staff Development Outcomes.  Requires staff development activities to use research-based best practices, meet the needs of a diverse student population including English learners, and provide an inclusive curriculum for a linguistically diverse student population.

Section 23.  Program Components.  Requires a school district’s teacher residency program to include differentiated instructional strategies, effective use of student achievement data, and support for native and English language development across curriculum and grades.

Section 24.  Principals’ Leadership Institute.  Requires the institute to provide professional development to school principals by providing training to analyze data using culturally competent tools.

Section 25.  People to Be Served.  Requires state-approved alternative programs, when serving English learners and their families, to take into account the variations in students’ backgrounds and needs and the amount of time and the staff resources needed for students to overcome gaps in their education and to develop English proficiency and work-related skills.

Section 26.  Achievement Contract.  Allows site-based achievement contracts to include site-based strategies for English language instruction targeting the teachers of English learners and all teachers and administrators.

Section 27.  Duties; Evaluation.  Makes principals responsible for supporting and improving teaching practices, school performance, and student achievement for diverse student populations, including at-risk students, children with disabilities, English learners, and gifted students.

Section 28.  Program Requirements.  Encourages early childhood family education  (ECFE) programs to provide parents of English learners with translate information to monitor the program’s impact on their children’s English language development, to know whether their children are progressing in developing their English and native language proficiency, and to actively engage with and support their children in developing their English and native language proficiency.  Requires ECFE programs to include learning experiences that promote children’s early literacy and their native language skills.

Section 29.  Program Requirements.  Requires school readiness program providers to:  assess children’s language skills to improve program planning and implementation, communicate with parents, and promote kindergarten readiness; and have teachers knowledgeable in native and English language development programs.

Section 30.  Local Education and Employment Transitions Systems.  Requires a local education and employment transitions systems plan to: increase instruction in English language proficiency; provide staff training in methods of instruction that incorporate English language proficiency; identify current and emerging native and English language development needs of the area or region; and make continuing to work with learners who need English language development part of the program warranty.

Section 31.  Adult Basic Education.

Subdivision 1.  Program Requirements.  Requires an adult basic education program to offer English language instruction.  Requires a program to include measures of student progress toward work-based competency and English language proficiency requirements.

Subdivision 2.  Program Approval.  Requires the Commissioner to approve programs based on how English language proficiency will be met.  Requires the Commissioner to approve a program for up to five years that demonstrates capacity to: offer learning opportunities and support the service choices of adults at all basic skill and English language levels of need; and address the needs adults have for English language learning support services.

Subdivision 5.  Basic Service Level.  Requires the basic service level for a program to describe minimum levels of academic and English language instruction and support services provided at each site.

Subdivision 7.  Performance Tracking System.  Requires the tracking system for a program to collect data on core outcomes for learners, including English learners.

Subdivision 8.  Standard High School Diploma for Adults.  Requires individuals participating in an adult basic education program of instruction, where appropriate, to demonstrate English language proficiency.

Section 32.  Adult Basic Education Supplemental Service Grants.  Allows the Commissioner to make grants for initiatives to accelerate English language acquisition and the achievement of career and college ready skills among English Learners.

Section 33.  English Learner;  Interrupted Formal Education.  Defines an English learner with an interrupted formal education as an English learner who: comes from a home where the language usually spoken is other than English; enters school in the United States after grade 6; has at least two years less schooling than their peers; functions at least two years below expected grade level in reading and mathematics; and may be preliterate in their native language.

Section 34.  Parental Involvement Programs.

Subdivision 1.  Program Goals.  Requires parental involvement programs to help parents recognize and meet the native and English language development needs of their children.

Subdivision 2.  Plan Contents.  Requires model parental involvement program plans to include procedures for coordinating the program with the world’s best workforce.

Subdivision 3.  Plan Activities.  Requires activities included in a model parental involvement program plan to include:  engaging liaison workers to foster linguistic and culturally competent communications; and multilingual programs and opportunities for parents.

Section 35.  Parent and Family Involvement Policy.  Encourages local school boards to adopt and implement a parent and family involvement policy that promotes and supports oral and written communications in families’ native language and welcomes parents in the school using networks that support families’ cultural connections.

Section 36.  Powers and Duties; Report.  Requires the Statewide Longitudinal Education Data System (SLEDS) to: report educational outcomes for diverse student populations including at-risk students, children with disabilities, English learners, and gifted students, and include formative and summative evaluations based on multiple measures of student progress toward career and college readiness; and evaluate the relationship between education and workforce outcomes.

Section 37.  Repealer.  Repeals section 122A.19, subd. 3 (Bilingual and English as a Second Language Teachers;  Employment of Teachers.)

 
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