CHAPTER 125B. Education and technology

     125B.01 Definitions.  

    For the purpose of this chapter, the terms defined in 
 section 120A.05 have the same meaning.  

    HIST: Ex1959 c 71 art 2 s 1; 1998 c 397 art 11 s 3 

     125B.02 State goals for technological advances in 
  education. 

    The general framework outcomes for technology use in 
 education are: 

    (1) all Minnesota educational institutions, libraries, and 
 communities will have access to local, state, and worldwide 
 instructional resources databases; 

    (2) development of policies and procedures that assure 
 instructional resource availability to help students 
 successfully achieve education excellence and state standards; 

    (3) databases are accessible within each district and on 
 the Internet; and 

    (4) development of policies, procedures, and systems that 
 stimulate and promote teacher and student curriculum and 
 learning collaboration. 

    HIST: 1Sp1995 c 3 art 12 s 2; 1998 c 397 art 1 s 58 

     125B.022 Contracts for computers or related equipment or 
  service. 

    (a) The school board of a school district may not enter 
 into a contract or permit a school within the district to enter 
 into a contract for the use of a computer or related equipment 
 or service that requires advertising to be disseminated to 
 students unless the school board: 

    (1) enters into the contract at a public hearing of the 
 school board; 

    (2) makes a finding that the offered electronic product or 
 service is an integral component of students' education; 

    (3) provides written notice to students' parents that 
 advertising will be used in the classroom, media center, 
 computer lab, or other areas of learning, whether data will be 
 collected on students, and how that data will be used; 

    (4) as part of normal, ongoing district communications with 
 parents, allows parents to request in writing that (i) their 
 student not be exposed to the program that contains the 
 advertising for the current school year, or that (ii) any or all 
 data relating to the student that is collected as a result of 
 this contract is not disclosed; and 

    (5) honors parents' request, under clause (4), that their 
 student not be exposed to the advertising program or that data 
 relating to the student is not disclosed and allows parents to 
 withdraw their request at any time. 

    (b) Advertising under this section does not include: 

    (1) the identification of the source of the document or 
 information; and 

    (2) advertising that is generally available to the public 
 viewing a particular site or application and is not directed 
 specifically to students benefiting from a contract under 
 paragraph (a). 

    HIST: 2000 c 489 art 6 s 7 

     125B.05 State information system. 

    Subdivision 1.    Information system.  The department of 
 children, families, and learning shall develop and maintain a 
 computerized information system for state information needs.  

    Subd. 2.    Purposes.  The purposes of the computerized 
 information system shall be:  

    (a) To provide comparable and accurate educational 
 information in a manner which is timely and economical; 

    (b) To ensure accountability for state appropriations; 

    (c) To collect data to assess the needs of learners and 
 children; 

    (d) To provide school districts with an educational 
 information system capability which will meet school district 
 management needs; and 

    (e) To provide for computerized analysis of educational 
 information to meet the management needs of the state of 
 Minnesota. 

    Subd. 3.    Software development.  A school district, 
 charter school, or cooperative unit may not implement a 
 financial, student, or staff software system until the system 
 has been reviewed by the department to ensure that it provides 
 the required data elements and format. 

    HIST: 1980 c 609 art 7 s 10; 1981 c 193 s 1-3; 1981 c 253 s 
 24; 1981 c 358 art 5 s 2; 1982 c 424 s 130; 1983 c 258 s 24; 
 1Sp1985 c 12 art 7 s 9; 1987 c 258 s 12; 1987 c 384 art 2 s 1; 
 1988 c 486 s 11; 1989 c 329 art 11 s 2-4; 1990 c 562 art 8 s 
 9,10; 1991 c 265 art 9 s 15-17; 1993 c 224 art 6 s 3; 1994 c 465 
 art 2 s 1; 1994 c 647 art 6 s 1; 1Sp1995 c 3 art 9 s 9; art 16 s 
 13; 1998 c 397 art 4 s 51; 1999 c 241 art 5 s 15 

     125B.07 Department duties. 

    Subdivision 1.    Data acquisition calendar.  The 
 department of children, families, and learning shall maintain a 
 current annual data acquisition calendar specifying the reports 
 which districts are required to provide to the department and 
 the dates these reports are due.  

    Subd. 2.    Exemption from chapter 14.  The annual data 
 acquisition calendar and the essential data elements are exempt 
 from the Administrative Procedure Act. 

    Subd. 3.    Data system.  The department shall develop 
 and operate a computerized data system.  The system shall 
 include:  (1) information required by federal or state law or 
 rule; and (2) information needed by the divisions of the 
 department in order to disburse funds, to implement research or 
 special projects approved by the commissioner, and to meet goals 
 or provide information required by the commissioner, the 
 governor, the legislature or the federal government.  

    Subd. 4.    Certification of software vendors.  The 
 commissioner shall maintain a list of certified service 
 providers for administrative data processing software and 
 support.  To be certified, a service provider must provide the 
 commissioner with a written statement identifying software 
 products and support functions that will be provided to school 
 districts and stating its intent to meet state standards for 
 software, data elements, edits, and support services.  The 
 standards must ensure the quality of the data reported to the 
 state.  The commissioner must conduct regular training sessions 
 for service providers on the standards.  If a service provider 
 fails to meet the standards, the commissioner must notify the 
 service provider of areas of noncompliance and assist the 
 service provider in correcting the problem.  If the provider 
 fails to comply with standards within two months of being 
 notified of noncompliance, the commissioner may remove the 
 service provider from the list of certified providers.  The 
 commissioner may recertify a service provider when the 
 commissioner determines that the areas of noncompliance have 
 been corrected. 

    Subd. 5.    Information on certified service providers.  
 The commissioner must include the list of certified service 
 providers in the annual data acquisition calendar.  The 
 commissioner must notify school districts if a service provider 
 is removed from the list and of the areas of noncompliance. 

    Subd. 6.    Essential data.  The department shall 
 maintain a list of essential data elements which must be 
 recorded and stored about each pupil, licensed and nonlicensed 
 staff member, and educational program.  Each school district 
 must provide the essential data to the department in the form 
 and format prescribed by the department. 

    Subd. 7.    Contracting.  The department may provide by 
 contract for the technical support of and the development of 
 applications software by a regional management information 
 center or by any other appropriate provider. 

    HIST: 1980 c 609 art 7 s 11; 1981 c 253 s 25; 1982 c 424 s 
 130; 1987 c 398 art 7 s 14,15; 1991 c 265 art 9 s 18-20; 1992 c 
 499 art 6 s 1,2; 1993 c 224 art 14 s 6; 1Sp1995 c 3 art 9 s 10; 
 art 16 s 13; 1998 c 397 art 4 s 51; 1998 c 398 art 5 s 55 

     125B.09 Department powers and duties delegated. 

    The department may provide, by the delegation of powers and 
 duties or by contract, for the implementation and technical 
 support of a computerized information reporting system, 
 including the development of applications software pursuant to 
 section 125B.05, subdivision 3, by any appropriate provider.  

    HIST: 1980 c 609 art 7 s 12; 1987 c 258 s 3; 1990 c 375 s 3; 
 1991 c 265 art 9 s 21; 1Sp1995 c 3 art 9 s 11; 1998 c 397 art 4 
 s 51; art 11 s 3 

     125B.11 Regional clearinghouses for improving education 
  technology. 

    Subdivision 1.    Establishment.  The commissioner of 
 children, families, and learning shall establish a grant program 
 for regional clearinghouses for school districts.  The grants 
 must be used to upgrade and refurbish computers that are donated 
 to schools and provide opportunities for student involvement.  
 The purposes of the enterprises are to: 

    (1) serve as centers where business or others may donate 
 new or used computer and other technology for use by Minnesota 
 schools; 

    (2) provide an opportunity for students to upgrade donated 
 and existing school-owned computers so that they are capable of 
 being connected to the Internet and local networks; and 

    (3) provide a means of informing schools of available 
 technology and distributing donated and upgraded computers to 
 schools for technology improvements in support of learning.  

    Each clearinghouse must encourage opportunities for 
 students to learn skills, including the technical skills needed 
 to retrofit and upgrade computers.  The clearinghouse shall 
 retain the ability to review equipment for suitability and 
 refuse equipment that does not meet the standards or is not 
 suitable for use in schools.  At a minimum, all donated 
 computers must be suitable for upgrade so that the retrofitted 
 computer can be connected to the Internet and a local computer 
 network. 

    Subd. 2.    Grants.  The commissioner shall establish 
 procedures and develop forms for applying for grants under this 
 section.  The grants may be used to purchase needed technology 
 for upgrading donated computers and other donated technology, 
 for the cost of computer distribution, and for the cost of 
 informing businesses and others about technology donations to 
 the clearinghouse.  The commissioner shall develop guidelines 
 for the use and distribution of any computers donated and 
 upgraded through this grant program.  The commissioner may 
 establish priorities and prorate grants to match appropriations 
 for the grant program. 

    HIST: 1996 c 412 art 12 s 1; 1998 c 397 art 4 s 51 

     125B.15 Internet access for students. 

    (a) Recognizing the difference between school libraries, 
 school computer labs, and school media centers, which serve 
 unique educational purposes, and public libraries, which are 
 designed for public inquiry, all computers at a school site with 
 access to the Internet available for student use must be 
 equipped to restrict, including by use of available software 
 filtering technology or other effective methods, all student 
 access to material that is reasonably believed to be obscene or 
 child pornography or material harmful to minors under federal or 
 state law. 

    (b) A school site is not required to purchase filtering 
 technology if the school site would incur more than incidental 
 expense in making the purchase. 

    (c) A school district receiving technology revenue under 
 section 125B.25 must prohibit, including through use of 
 available software filtering technology or other effective 
 methods, adult access to material that under federal or state 
 law is reasonably believed to be obscene or child pornography. 

    (d) A school district, its agents or employees, are immune 
 from liability for failure to comply with this section if they 
 have made a good faith effort to comply with the requirements of 
 this section. 

    (e) "School site" means an education site as defined in 
 section 123B.04, subdivision 1, or charter school under section 
 124D.10. 

    HIST: 2000 c 489 art 6 s 25 

    125B.20 Subdivision 1. Repealed, 1Sp1997 c 4 art 9 s 
 13; 1999 c 241 art 4 s 19 

    Subd. 2. Repealed, 1Sp1997 c 4 art 9 s 13; 1999 c 241 
 art 4 s 19 

    Subd. 3. Repealed, 1Sp1997 c 4 art 9 s 13; 1999 c 241 
 art 4 s 19; 1Sp2001 c 3 art 4 s 6 

    Subd. 4. Repealed, 1Sp1997 c 4 art 9 s 13; 1999 c 241 
 art 4 s 19 

    Subd. 5. Repealed, 1Sp1997 c 4 art 9 s 13; 1999 c 241 
 art 4 s 19 

*   NOTE:  Subdivision 1 was also amended by Laws 2001, First 
*Special Session chapter 3, article 4, section 1, to read as 
*follows: 

*   "Subdivision 1.    Establishment; purpose.  The purpose 
*of developing a statewide school district telecommunications 
*network is to expand the availability of a broad range of 
*courses and degrees to students throughout the state, to share 
*information resources to improve access, quality, and 
*efficiency, to improve learning, and distance cooperative 
*learning opportunities, and to promote the exchange of ideas 
*among students, parents, teachers, media generalists, 
*librarians, and the public.  In addition, through the 
*development of this statewide telecommunications network 
*emphasizing cost-effective, competitive connections, all 
*Minnesotans will benefit by enhancing access to 
*telecommunications technology throughout the state.  Network 
*connections for school districts and public libraries are 
*coordinated and fully integrated into the existing state 
*telecommunications and interactive television networks to 
*achieve comprehensive and efficient interconnectivity of school 
*districts and libraries to higher education institutions, state 
*agencies, other governmental units, agencies, and institutions 
*throughout Minnesota.  A school district may apply to the 
*commissioner for a grant under subdivision 2.  The Minnesota 
*education telecommunications council established in Laws 1995, 
*First Special Session chapter 3, article 12, section 7, shall 
*establish priorities for awarding grants, making grant awards, 
*and being responsible for the coordination of networks." 

     125B.21 Minnesota education telecommunications council. 

    Subdivision 1.    State council membership.  The 
 membership of the Minnesota education telecommunications council 
 established in Laws 1993, First Special Session chapter 2, is 
 expanded to include representatives of elementary and secondary 
 education.  The membership shall consist of three 
 representatives from the University of Minnesota; three 
 representatives of the board of trustees for Minnesota state 
 colleges and universities; one representative of the higher 
 education services offices; one representative appointed by the 
 private college council; one representative selected by the 
 commissioner of administration; eight representatives selected 
 by the commissioner of children, families, and learning, at 
 least one of which must come from each of the six higher 
 education telecommunication regions; a representative from the 
 office of technology; two members each from the senate and the 
 house of representatives selected by the subcommittee on 
 committees of the committee on rules and administration of the 
 senate and the speaker of the house, one member from each body 
 must be a member of the minority party; and three 
 representatives of libraries, one representing regional public 
 libraries, one representing multitype libraries, and one 
 representing community libraries, selected by the governor; and 
 two members, one selected from and representing the higher 
 education regional coordinators and one selected from and 
 representing the kindergarten through grade 12 cluster regions.  
 The council shall serve as a forum to establish and advocate for 
 a statewide vision and plans for the use of distance learning 
 technologies, including: 

    (1) the coordination and collaboration of distance learning 
 opportunities; 

    (2) the implementation of the use of distance learning 
 technologies; 

    (3) the collaboration of distance learning users; 

    (4) the implementation of educational policy relating to 
 telecommunications; 

    (5) the exchange of ideas; 

    (6) the communications with state government and related 
 agencies and entities; 

    (7) the coordination of networks for post-secondary 
 campuses, kindergarten through grade 12 education, and regional 
 and community libraries; and 

    (8) the promotion of consistency of the operation of the 
 learning network with standards of an open system architecture. 

    Subd. 2. Repealed by amendment, 1Sp2001 c 6 art 4 s 11 

    Subd. 3. Repealed by amendment, 1Sp2001 c 6 art 4 s 11 

    HIST: 1Sp1995 c 3 art 12 s 7; 1Sp1997 c 4 art 9 s 12; 1998 c 
 270 s 4; 1998 c 359 s 20; 1999 c 241 art 4 s 18,28; 2000 c 489 
 art 10 s 13; 1Sp2001 c 6 art 4 s 11 

     125B.25 Telecommunications access revenue. 

    Subdivision 1.    Costs to be submitted.  A district 
 shall submit its outstanding ongoing or recurring 
 telecommunications access costs associated with data and video 
 connections to the department of children, families, and 
 learning.  Costs of telecommunications hardware or equipment 
 must not be included in the costs submitted by districts to the 
 department.  A district may include installation charges 
 associated with new lines or upgraded lines, but may not include 
 costs of hardware or equipment. 

    Subd. 2.    Guaranteed minimum access.  (a) The ongoing 
 or recurring telecommunications access costs submitted to the 
 department by each district under this section are limited to 
 the operation costs equal to the greater of: 

    (1) one data or video connection that relies on a transport 
 medium that operates at a minimum speed of 1.544 megabytes per 
 second for each elementary school, middle school, or high school 
 under section 120A.05, subdivisions 9, 11, and 13; or 

    (2) one data or video connection that relies on a transport 
 medium that operates at a minimum speed of 1.544 megabytes per 
 second for each district. 

    (b) A district may include costs associated with 
 cooperative arrangements with other post-secondary institutions, 
 school districts, and community and regional libraries in its 
 geographic region.  A district may continue to purchase its 
 ongoing or recurring telecommunications access services through 
 existing contracts. 

    Subd. 3.    E-rates.  To be eligible for revenue under 
 this section, a district is required to file an e-rate 
 application either separately or through their 
 telecommunications grant cluster.  Discounts received on 
 telecommunications expenditures shall be used to offset the 
 amount submitted to the department for per pupil revenue under 
 this section. 

    Subd. 4.    Calculation of costs.  By December 15 of 
 each year, the commissioner shall calculate the ongoing or 
 recurring telecommunications access cost per adjusted marginal 
 cost pupil unit submitted by each school district under 
 subdivisions 1 and 2 for the year in which the data is submitted 
 minus the reserved revenue under section 126C.10, subdivision 
 13, paragraph (d).  Districts shall submit their anticipated 
 ongoing or recurring telecommunications access costs, adjusted 
 for any e-rate revenue received to the department based on 
 contracts entered into by the district for that school year.  
 Districts shall also submit their actual telecommunications 
 access costs by August 15 of each year and adjusted for any 
 e-rate revenue received to the department as prescribed by the 
 commissioner. 

    Subd. 5.    District revenue.  A district shall receive 
 an amount equal to the amount as calculated by the commissioner 
 under subdivision 4, times the adjusted marginal cost pupil 
 units for that year, times 65 percent. 

    Subd. 6.    Revenue for charter schools.  (a) Each 
 charter school shall receive revenue equal to the greater of: 

    (1) the per marginal cost pupil unit amount for the 
 district in which the charter school is located as determined by 
 the commissioner according to subdivision 4; or 

    (2) $5; 

 times the adjusted marginal cost pupil units for that year, 
 times 65 percent. 

    (b) A charter school's revenue under this subdivision must 
 be used to pay for ongoing or recurring telecommunication access 
 costs, including access to data and video connections, including 
 Internet access. 

    Subd. 7.    Telecommunication access services for 
 nonpublic schools.  (a) Districts shall provide each year upon 
 formal request by or on behalf of a nonpublic school, not 
 including home schools, located in that district or area, 
 ongoing or recurring telecommunication access services to the 
 nonpublic school either through existing district providers or 
 through separate providers. 

    (b) The amount of district revenue for telecommunication 
 access services for each nonpublic school under this subdivision 
 is equal to: 

    (1) $5; plus 

    (2) the per marginal cost pupil unit amount for the 
 district as determined in subdivision 5; times the number of 
 pupils who are enrolled at the nonpublic school as of October 1 
 of the current school year. 

    (c) Each year, a district providing services under 
 paragraph (a) may claim up to five percent of the revenue 
 determined in paragraph (b) for costs of administering this 
 subdivision.  No district may expend an amount for these 
 telecommunication access services which exceeds the amount 
 allocated under this subdivision.  The nonpublic school is 
 responsible for the telecommunications access costs not covered 
 by this section. 

    (d) At the request of a nonpublic school, districts may 
 allocate the amount determined in paragraph (b) directly to the 
 nonpublic school to pay for or offset the nonpublic school's 
 costs for telecommunication access services, however, the amount 
 allocated directly to the nonpublic school may not exceed the 
 actual amount of the school's ongoing or recurring 
 telecommunication access costs.  

    Subd. 8.    Reimbursement criteria.  The commissioner, 
 working with the commissioner of administration and the 
 Minnesota education telecommunications council, shall develop 
 reimbursement criteria that schools must address when submitting 
 ongoing or recurring telecommunications costs as determined in 
 subdivisions 1 and 2.  The criteria must assist schools to 
 procure telecommunications access services in the most efficient 
 and cost-effective manner possible. 

    Subd. 9.    Expiration.  This section expires on July 1, 
 2002. 

    Subd. 10.    Severability.  If any portion of this 
 section is found by a court to be unconstitutional, the 
 remaining portions of the section shall remain in effect. 

    HIST: 2000 c 489 art 5 s 8; 1Sp2001 c 6 art 4 s 12-14