1.1 	A bill for an act
1.2 	relating to education; authorizing school boards to implement flexible learning 
1.3 	year programs without approval by commissioner of education; amending 
1.4 	Minnesota Statutes 2014, sections 124D.121; 124D.122; 124D.126, subdivision 
1.5 	1; 124D.127; repealing Minnesota Rules, part 3500.1000.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2014, section 124D.121, is amended to read:
1.8 	124D.121 DEFINITION OF FLEXIBLE LEARNING YEAR PROGRAM.
1.9 	"Flexible learning year program" means any district plan approved by the 
1.10 	commissioner that utilizes buildings and facilities during the entire year or that provides 
1.11 	forms of optional scheduling of pupils and personnel during the learning year in 
1.12 	elementary and secondary schools or residential facilities for children with a disability.

1.13 	Sec. 2. Minnesota Statutes 2014, section 124D.122, is amended to read:
1.14 	124D.122 ESTABLISHMENT OF FLEXIBLE LEARNING YEAR PROGRAM.
1.15 	The board of any district or a consortium of districts, with the approval of the 
1.16 	commissioner, may establish and operate a flexible learning year program in one or more of 
1.17 	the day or residential facilities for children with a disability within the district. Consortiums 
1.18 	may use a single application and evaluation process, though results, public hearings, and 
1.19 	board approvals must be obtained for each district as required under appropriate sections.

1.20 	Sec. 3. Minnesota Statutes 2014, section 124D.126, subdivision 1, is amended to read:
1.21 		Subdivision 1.Powers and duties. The commissioner must:
1.22 	(1) promulgate rules necessary to the operation of sections 124D.12 to 124D.127;
2.1 	(2) (1) cooperate with and provide supervision of flexible learning year programs 
2.2 	to determine compliance with the provisions of sections 124D.12 to 124D.127, the 
2.3 	commissioner's standards and qualifications, and the proposed program as submitted 
2.4 	and approved;
2.5 	(3) (2) provide any necessary adjustments of (a) attendance and membership 
2.6 	computations and (b) the dates and percentages of apportionment of state aids; and
2.7 	(4) (3) consistent with the definition of "average daily membership" in section 
2.8 	126C.05, subdivision 8, furnish the board of a district implementing a flexible learning 
2.9 	year program with a formula for computing average daily membership. This formula must 
2.10 	be computed so that tax levies to be made by the district, state aids to be received by the 
2.11 	district, and any and all other formulas based upon average daily membership are not 
2.12 	affected solely as a result of adopting this plan of instruction.

2.13 	Sec. 4. Minnesota Statutes 2014, section 124D.127, is amended to read:
2.14 	124D.127 TERMINATION OF FLEXIBLE LEARNING YEAR PROGRAM.
2.15 	The board of any district, with the approval of the commissioner of education, may 
2.16 	terminate a flexible learning year program in one or more of the day or residential facilities 
2.17 	for children with a disability within the district. This section shall not be construed to 
2.18 	permit an exception to section 120A.22, 127A.41, subdivision 7, or 127A.43.

2.19 	Sec. 5.  REPEALER.
 2.20 	Minnesota Rules, part 3500.1000, is repealed.