Legislative Session number- 86

Bill Name: SF1328

3E Relating to education; providing for the financing of early childhood,
family, adult and prekindergarten through grade 12 education programs and
services

ARTICLE 1 - GENERAL EDUCATION

Modifying permanent school fund
reporting requirements; allowing certain cooperating school districts and school
districts with agreements to commence before Labor Day; specifying required
hours of instruction for kindergarten through grade 12 students; setting the
referendum allowance for certain reorganized school districts; modifying the due
dates for school district clerk district expenses reporting; modifying
rulemaking requirements for nonpublic pupil education materials and services;
clarifying foreign exchange pupil recognition as resident pupil; providing basic
alternative teacher compensation aids to school districts and charter schools
and prescribing levy formulas; requiring a consolidated tax rate establishment
and permitting district consolidated levy, limit; modifying the general
education aid; modifying the required use of basic skills revenue; modifying
requirements for a referendum revenue allowance revocation or reduction
petition; modifying eligibility criteria for school district swimming pool
levies; allowing school districts to retain a certain amount of the wind energy
production tax deduction and requiring commissioner to transfer to the permanent
school trust fund a portion of the wind energy production tax; requiring
commissioner to annually reduce the general education aid earned by school
districts and charter schools based on the statewide average daily membership
aid adjustment; modifying the school district definition for lease purchase to
include racially isolated school districts; requiring commissioner to reduce the
state aid paid to school districts and charter schools not providing the
required hours of instruction, specifying a reduction formula; modifying certain
aid adjustments; specifying certain alternative teacher compensation
requirements for independent school district #742, St. Cloud; providing a
consolidated levy adjustment; adjusting referendum market value equalizing
factors; creating flexibility on use of learning and development revenue and
safe schools levy revenue; restoring support for general education; specifying a
transition revenue allowance for independent school district #286, Brooklyn
Center; making certain technical and conforming amendments; appropriating money
from the general fund for general education aid, enrollment options
transportation, abatement revenue, consolidation transition, nonpublic pupil
education aid and transportation, one-room schoolhouse, independent school
districts #239, Rushford-Peterson and #356, Lancaster, the compensatory revenue
pilot project program and consolidated levy adjustment; appropriating money from
the fiscal stabilization account in the federal fund for restoring state support
for general education to reduce the statewide average daily membership aid
adjustment; repealing certain provisions relating to certain general education
revenue provisions and a previously enacted provision relating to priority for
new alternative compensation school district and charter schools for fiscal
years 2009 to 2010

ARTICLE 2 - EDUCATION EXCELLENCE

Allowing nonpublic
schools to assess students using a nationally recognized college entrance exam;
expanding compulsory attendance legitimate exemptions for children with a mental
health diagnosis; modifying home school assessment of performance provisions and
reporting requirements, specifying obligations; modifying academic and elective
standards and graduation requirements, adding physical education as a required
academic standard; establishing a Minnesota virtual education program; providing
for public, charter and private schools to award Minnesota world language
proficiency certificates or Minnesota world language proficiency high
achievement certificates; requiring school districts to include cardiopulmonary
resuscitation and automated external defibrillator instruction; establishing
state measures for student achievement growth; modifying the statewide testing
and reporting system requirements and the value-added assessment program;
providing high school mathematics assessments; modifying educational
accountability and reporting system requirements; specifying certain student
academic achievement and growth target requirements and other state measures;
modifying certain student performance reporting, school performance report cards
criteria and yearly progress data requirements; modifying school safety drill
policy requirements; modifying certain home schooling statement submittal
requirements; clarifying the definition of comprehensive scientifically based
reading instruction, modifying board of teaching licensure requirements to
include an assessment for reading instruction and specifying certain assessment
components, creating an assessment of reading instruction, providing for a
legislative review of board of teaching rules, clarifying board of teaching
composition requirements; creating an alternative teacher preparation program
and a two-year resident teacher license for qualified nontraditional candidates
as a means of acquiring a standard entrance license; modifying alternative
teacher professional pay system processes; providing basic and alternative
teacher compensation aids to school districts and prescribing levy formulas;
providing for alternative compensation application grants; authorizing school
boards to spend staff development revenue on CPR and automatic external
defibrillator training; authorizing school districts to establish state approved
alternative learning programs or a contract alternative under certain
conditions; allowing school districts to waive background check fees for
volunteers; permitting revenue and expenditure budget summary publication,
eliminating certain duties of school superintendents relating to the reporting
of MCA-II testing information; providing a process for the temporary closing of
a schoolhouse or facility; clarifying and modifying requirements for
supplemental and full-time online learning providers (online learning option
act); extending the sunset for the online learning advisory council and the
charter school advisory council; modifying certain charter school requirements
and organization provisions relating to advisory council membership and duties,
sponsors, formation of school, conflict of interest, conversion of existing
schools, charter contracts, audit reports, statutes and rules exemptions,
federal requirements, aid reductions, admission requirements, employment and
operating matters, annual public reports, evaluations, lease aid, building
corporations, leave to teach in a charter school, charter school contracts,
related party lease costs and extent of specific legal authority, providing the
charter school state total building lease aid formula and modifying provisions
relating to aid payments to charter schools; establishing a Minnesota reading
corps program to provide Americorps members with a data based problem solving
model of literacy instruction; modifying eligibility requirements for
participating in a state-approved alternative program; reorganizing early
childhood family education (ECFE) revenue as a grant program for federally
recognized tribes; modifying the integration revenue formula and specifying
eligibility; establishing the summer of success program to provide intensive
intervention to students not yet proficient on 8th grade standardized
mathematics and reading assessments; modifying the funding formula for general
education revenue pupil units in state approved alternative programs; clarifying
the project-based average daily membership provision; modifying driver
instruction (learner) permit certification and employment certificate issuance
authority for home school parents and specifying certain certification revoking
offenses and unlawful violations for home school students with instruction
permits, specifying certain employment certificate issuance authority by a home
school instructor; permitting special school district #6, South St. Paul to
contract with the South Metro fire department to conduct fire inspections
services; requiring commissioner to adopt a reading instruction assessment for
licensure candidates by a certain date, specifying certain rule making
prohibitions; providing a temporary suspension reserved revenues for staff
development; appropriating money to department of education for charter school
building lease and startup aid, integration aid, magnet school grants,
interdistrict desegregation or integration transportation grants, American
Indian success for the future and teacher preparation grants, tribal contract
school aid, early childhood programs at tribal schools, statewide testing and
reporting system, summer of success, alternative compensation aid, certain
students advanced placement and international baccalaureate examination fees and
teacher training and support programs, collaborative urban education grants, the
youth works program, for student organizations, early childhood literacy
programs, teacher centers, the principals leadership institute and the Minnesota
virtual education program; repealing certain provisions relating to teacher
alternative preparation licensing, teacher centers policy board membership, home
school education code enforcement and prosecution, value-added assessment
program and charter school authority to raise initial working capital,
information dissemination and certain definitions

ARTICLE 3 - SPECIAL
PROGRAMS

Redefining pupil; clarifying the days of suspension to be school
days and eliminating certain duties of an individual education program (IEP)
team; clarifying exclusion and expulsion procedures for pupils with a disability
for federal law conformity purposes; extending the time for school district
notification to parents of enrollment of a child in the limited English
proficiency (LEP) program; defining local education agency; clarifying school
district obligations to children with disabilities, defining child with
disability; modifying certain rulemaking requirements; requiring federal and
state special education law conformance for evaluating children to determine
disability; requiring school districts to have an individualized IEP for every
student with a disability at the beginning of the school year; modifying certain
alternative dispute resolution process and due process hearing guidelines for
children with disabilities relating to additional prior written notice
requirements and parental options, conciliation conference, mediated agreements,
impartial due process hearings, hearing officer qualifications, hearing
requests, burden of proof, hearing officer authority, duties and training,
expedited due process hearings, enforcement of orders and district liability;
requiring a nonresident district to notify the resident district of an emergency
placement of a child with disabilities within a certain number of days,
authorizing a resident district to establish certain reasonable restrictions on
transportation; extending the state interagency coordinating council expiration
date; outlining a timeline for notification of placement of a child without
disabilities and specifying certain transportation requirements; clarifying the
definition of assistive technology device; modifying certain deaf and
hard-of-hearing resource centers and advisory committee provisions; increasing
the fiscal year cap on administrative costs for the department of human services
to administer IEP health-related services; modifying the definition of essential
personnel; conforming certain provisions with federal requirements relating to
notification of a students resident district; appropriating money to department
of education for special education aid, aid for children with disabilities,
teacher travel for home-based services, excess costs, court-placed special
education revenue and special education out-of-state tuition; repealing method
of special instruction and certain alternative dispute resolution process and
due process hearings provisions

ARTICLE 4 - FACILITIES AND
TECHNOLOGIES

Modifying the debt service appropriations; modifying certain
school district alternative facilities aid participation requirements and
alternative facilities appropriations; modifying certain school district
construction approval and information requirements; establishing state and local
district technology guidelines, specifying certain duties of commissioner, the
Minnesota education technology task force and representatives of school
districts; clarifying the inclusion of intermediate school districts in
telecommunications and internet access equity aid; eliminating the 2011
alternative facilities aid for a special school district; appropriating money to
department of education for health and safety revenue, debt service
equalization, alternative facilities bonding aid, equity in telecommunications
access and deferred maintenance aid

ARTICLE 5 - NUTRITION, LIBRARIES AND
ACCOUNTING

Modifying certain library responsibilities for the blind and
physically handicapped relating to the Braille and talking book library;
authorizing advisory committee for the Minnesota Braille and talking book
library to conduct meetings by telephone and other electronic means; adjusting
regional public library system maintenance of effort provisions, limitations;
authorizing independent school districts #2853, Lac qui Parle Valley and #280,
Richfield to levy up to a certain amount for replacement elevator costs,
requiring revenue; authorizing school districts capital account fund transfers
under certain conditions; authorizing certain fund transfers for independent
school districts #2853, Lac qui Parle Valley, #77, Mankato, #62, Ortonville, and
#282, St. Anthony-New Brighton; appropriating money to department for school
lunch, school breakfast, kindergarten milk, summer school service replacement
aid, basic system support, multicounty multitype library systems, electronic
library for Minnesota and for regional library telecommunications aid

ARTICLE
6 - EARLY CHILDHOOD EDUCATION, PREVENTION, SELF-SUFFICIENCY AND LIFELONG
LEARNING

Establishing the office of early learning to coordinate high quality
prekindergarten and child care programs under the administration of
commissioners of human services and education, transferring certain
responsibilities and positions from department of education; modifying
appropriation distribution of money to agencies for Head start program, program
exemption; establishing a prekindergarten through grade 3 program, specifying
program components and allowing certain financing authority; modifying early
childhood programs data submission requirements; modifying certain early
childhood family education (ECFE) levy requirements; establishing a quality
rating and improvement system to ensure children have access to high quality
early learning and care programs, specifying system components; requiring
commissioners of human services (DHS) and education to continue prekindergarten
exploratory projects located in St. Paul and in Hennepin and Blue Earth counties
conducted in partnership with the Minnesota early learning foundation to promote
school readiness, requiring commissioners after a certain date to establish
additional prekindergarten projects in Otter Tail, Itasca, St. Louis counties
and a consortium of Benton, Stearns and Sherburne counties, specifying allowance
eligibility, quality standards and application; clarifying the purpose of a
school readiness program; modifying certain school readiness program provider
requirements; modifying the role of commissioner in maintaining and acceptable
list of community education youth service projects; modifying annual report
requirements for community education programs; modifying the amount of an adult
basic education supplemental service grant to a single organization; stating the
early education state funding policy for revenue use of American Recovery and
Reinvestment Act of 2009, requiring report to legislature; appropriating money
to department of education for school readiness, ECFE aid, health and
developmental screening aid, Head Start program, educate parents partnership,
kindergarten entrance assessment initiative and intervention program, parent
award star rating tool, prekindergarten finance allowances, community education
aid, adults with disabilities program aid, hearing-impaired adults programs,
school-age care revenue, adult basic education revenue and GED tests; specifying
certain instructions to the revisor of statutes; repealing the school and
community advisory team provision

ARTICLE 7 - STATE AGENCIES

Authorizing
commissioner of education to apply for and receive grants and gifts administered
by state and nongovernmental agencies, specifying certain grants and gifts use
requirements and reporting requirements; appropriating money to the department
of education for the Minnesota childrens museum, Minnesota academy of science,
board of teaching, board of school administrators, for a hearing loss
coordinator and work languages coordinator, Duluth childrens museum, to the
board of teaching for licensure by portfolio, to the Minnesota state academies
for the deaf and the blind and to the Perpich center for arts
education

ARTICLE 8 - EDUCATION FORECAST ADJUSTMENTS

Making changes to the
fiscal year 2009 appropriations consistent with the February forecast; adjusting
certain prior appropriations for general education including general education
aid, enrollment options transportation, abatement revenue, consolidation
transition, nonpublic education aid and nonpublic pupil transportation, for
education excellence including charter school building lease aid, charter school
startup cost aid, integration aid, interdistrict desegregation or integration
transportation grants and tribal contract schools, for special education
including aid for children with disabilities, travel from home-based services
and court-ordered special education revenue, for facilities and technology
including health and safety revenue, deferred maintenance aid and school
technology and operating capital aid grants, for nutrition including school
lunch aid and the traditional school breakfast aid and kindergarten milk, for
early childhood education aid and health and developmental screening aid, for
prevention including community education aid and adults with disabilities
program aid and for self-sufficient and lifelong learning including adult basic
education aid
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