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 
 Education 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; 2003 c 130 s 
 12 

     125B.07 Department duties. 

    Subdivision 1.    Data acquisition calendar.  The 
 Department of Education 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; 2003 
 c 130 s 12 

     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 Repealed, 1Sp2003 c 9 art 4 s 32 

     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 

     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 education, 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 postsecondary 
 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. 

    The council expires June 30, 2004. 

    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; 1Sp2003 c 23 s 25 

  125B.25 Expired