Bill Text: MN HF2127 | 2011-2012 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Online learning parameters modified, graduation requirements modified, and digital learning provided.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-26 - Authors added Buesgens, Greiling and Pelowski [HF2127 Detail]

Download: Minnesota-2011-HF2127-Introduced.html

1.1A bill for an act
1.2relating to education; modifying online learning parameters; providing for digital
1.3learning; amending Minnesota Statutes 2010, sections 124D.095, subdivision
1.44; 126C.15, subdivision 1; 179A.07, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2010, section 124D.095, subdivision 4, is amended to
1.7read:
1.8    Subd. 4. Online learning parameters. (a) An online learning student must receive
1.9academic credit for completing the requirements of an online learning course or program.
1.10Secondary credits granted to an online learning student count toward the graduation
1.11and credit requirements of the enrolling district. The enrolling district must apply the
1.12same graduation requirements to all students, including online learning students, and
1.13must continue to provide nonacademic services to online learning students. If a student
1.14completes an online learning course or program that meets or exceeds a graduation
1.15standard or the grade progression requirement at the enrolling district, that standard or
1.16requirement is met. The enrolling district must use the same criteria for accepting online
1.17learning credits or courses as it does for accepting credits or courses for transfer students
1.18under section 124D.03, subdivision 9. The enrolling district may reduce the course
1.19schedule of an online learning student in proportion to the number of online learning
1.20courses the student takes from an online learning provider that is not the enrolling district.
1.21    (b) An online learning student may:
1.22    (1) enroll in supplemental online learning courses equal to a maximum of 50 percent
1.23of the student's full schedule of courses per term during a single school year and the
1.24student may exceed the supplemental online learning registration limit if the enrolling
2.1district permits supplemental online learning enrollment above the limit, or if the enrolling
2.2district and the online learning provider agree to the instructional services;
2.3    (2) complete course work at a grade level that is different from the student's current
2.4grade level; and
2.5    (3) enroll in additional courses with the online learning provider under a separate
2.6agreement that includes terms for paying any tuition or course fees.
2.7    (c) An online learning student has the same access to the computer hardware and
2.8education software available in a school as all other students in the enrolling district. An
2.9online learning provider must assist an online learning student whose family qualifies
2.10for the education tax credit under section 290.0674 to acquire computer hardware and
2.11educational software for online learning purposes.
2.12    (d) An enrolling district may offer online learning to its enrolled students. Such
2.13online learning does not generate online learning funds under this section. An enrolling
2.14district that offers online learning only to its enrolled students is not subject to the
2.15reporting requirements or review criteria under subdivision 7, unless the enrolling district
2.16is a full-time online provider. A teacher with a Minnesota license must assemble and
2.17deliver instruction to enrolled students receiving online learning from an enrolling district.
2.18The delivery of instruction occurs when the student interacts with the computer or the
2.19teacher and receives ongoing assistance and assessment of learning. The instruction may
2.20include curriculum developed by persons other than a teacher holding a Minnesota license.
2.21    (e) Both full-time and supplemental online learning providers are subject to the
2.22reporting requirements and review criteria under subdivision 7. A teacher holding a
2.23Minnesota license must assemble and deliver supervise delivery of instruction to online
2.24learning students but is not required to be physically present during delivery of instruction.
2.25The delivery of instruction occurs when the student interacts with the computer or the
2.26teacher and receives ongoing assistance and assessment of learning. The instruction may
2.27include curriculum developed by persons other than a teacher holding a Minnesota license.
2.28Unless the commissioner grants a waiver, a teacher providing online learning instruction
2.29must not instruct more than 40 students in any one online learning course or program.
2.30    (f) To enroll in more than 50 percent of the student's full schedule of courses per term
2.31in online learning, the student must qualify to exceed the supplemental online learning
2.32registration limit under paragraph (b) or apply to enroll in an approved full-time online
2.33learning program, consistent with subdivision 3, paragraph (a). Full-time online learning
2.34students may enroll in classes at a local school under a contract for instructional services
2.35between the online learning provider and the school district.

3.1    Sec. 2. Minnesota Statutes 2010, section 126C.15, subdivision 1, is amended to read:
3.2    Subdivision 1. Use of revenue. The basic skills revenue under section 126C.10,
3.3subdivision 4
, must be reserved and used to meet the educational needs of pupils who
3.4enroll under-prepared to learn and whose progress toward meeting state or local content or
3.5performance standards is below the level that is appropriate for learners of their age. Any
3.6of the following may be provided to meet these learners' needs:
3.7(1) direct instructional services under the assurance of mastery program according
3.8to section 124D.66;
3.9(2) remedial instruction in reading, language arts, mathematics, other content areas,
3.10or study skills to improve the achievement level of these learners;
3.11(3) additional teachers and teacher aides to provide more individualized instruction
3.12to these learners through individual tutoring, lower instructor-to-learner ratios, or team
3.13teaching;
3.14(4) a longer school day or week during the regular school year or through a summer
3.15program that may be offered directly by the site or under a performance-based contract
3.16with a community-based organization;
3.17(5) comprehensive and ongoing staff development consistent with district and site
3.18plans according to section 122A.60, for teachers, teacher aides, principals, and other
3.19personnel to improve their ability to identify the needs of these learners and provide
3.20appropriate remediation, intervention, accommodations, or modifications;
3.21(6) instructional materials, digital learning, and technology appropriate for meeting
3.22the individual needs of these learners;
3.23(7) programs to reduce truancy, encourage completion of high school, enhance
3.24self-concept, provide health services, provide nutrition services, provide a safe and secure
3.25learning environment, provide coordination for pupils receiving services from other
3.26governmental agencies, provide psychological services to determine the level of social,
3.27emotional, cognitive, and intellectual development, and provide counseling services,
3.28guidance services, and social work services;
3.29(8) bilingual programs, bicultural programs, and programs for learners of limited
3.30English proficiency;
3.31(9) all day kindergarten;
3.32(10) extended school day and extended school year programs; and
3.33(11) substantial parent involvement in developing and implementing remedial
3.34education or intervention plans for a learner, including learning contracts between the
3.35school, the learner, and the parent that establish achievement goals and responsibilities of
3.36the learner and the learner's parent or guardian.

4.1    Sec. 3. Minnesota Statutes 2010, section 179A.07, subdivision 1, is amended to read:
4.2    Subdivision 1. Inherent managerial policy. A public employer is not required
4.3to meet and negotiate on matters of inherent managerial policy. Matters of inherent
4.4managerial policy include, but are not limited to, such areas of discretion or policy as the
4.5functions and programs of the employer, its overall budget, utilization of technology, the
4.6organizational structure, selection of personnel, and direction and the number of personnel.
4.7For a school district that is a full-time online learning provider under section 124D.095,
4.8the number of students a teacher may instruct in any one online learning course or program
4.9is a matter of inherent managerial policy. No public employer shall sign an agreement
4.10which limits its right to select persons to serve as supervisory employees or state managers
4.11under section 43A.18, subdivision 3, or requires the use of seniority in their selection.

4.12    Sec. 4. COMMISSIONER OF EDUCATION.
4.13The commissioner must redesign the online learning provider approval process and
4.14report to the legislative committees having jurisdiction over kindergarten through grade
4.1512 education by January 15, 2013. The redesigned process must provide for a three-year
4.16approval of providers. Every three years the provider's online learning program must be
4.17reviewed with a focus on student performance.

4.18    Sec. 5. REVISOR'S INSTRUCTION.
4.19The revisor of statutes shall change the term "online learning" to "digital learning"
4.20wherever the term "online learning" appears in Minnesota Statutes and Minnesota Rules.
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