Subd. 2.

Definitions.

For purposes of this section, the following terms have the meanings
given them.

(a) "Digital learning" deleted text begin isdeleted text end new text begin meansnew text end learning facilitated by technology that offers students an
element of control over the time, place, path, or pace of their learning and includes blended
and online learning.

(b) "Blended learning" deleted text begin isdeleted text end new text begin meansnew text end a form of digital learning that occurs when a student
learns part time in a supervised physical setting and part time through digital delivery of
instruction, or a student learns in a supervised physical setting where technology is used as
a primary method to deliver instruction.

(c) "Online learning" deleted text begin isdeleted text end new text begin meansnew text end a form of digital learning delivered by an approved online
learning provider under paragraph (d).

(d) "Online learning provider" deleted text begin isdeleted text end new text begin meansnew text end a school district, an intermediate school district,
an organization of two or more school districts operating under a joint powers agreement,
or a charter school located in Minnesota that provides online learning to students and is
approved by the department to provide online learning courses.

(e) "Student" deleted text begin isdeleted text end new text begin meansnew text end a Minnesota resident enrolled in a school under section 120A.22,
subdivision 4,new text begin or in a Tribal contract or grant school authorized to receive aid under section
124D.83new text end in kindergarten through grade 12.

(f) "Online learning student" deleted text begin isdeleted text end new text begin meansnew text end a student enrolled in an online learning course or
program delivered by an online learning provider under paragraph (d).

(g) "Enrolling district" means the school district or charter school in which a student is
enrolled under section 120A.22, subdivision 4, for purposes of compulsory attendance.

(h) "Supplemental online learning" means an online learning course taken in place of a
course period at a local district school.

(i) "Full-time online learning provider" means an enrolling school authorized by the
department to deliver comprehensive public education at any or all of the elementary, middle,
or high school levels.

(j) "Online learning course syllabus" deleted text begin isdeleted text end new text begin meansnew text end a written document that an online learning
provider transmits to the enrolling district using a format prescribed by the commissioner
to identify the state academic standards embedded in an online course, the course content
outline, required course assessments, expectations for actual teacher contact time and other
student-to-teacher communications, and the academic support available to the online learning
student.

Subd. 8.

Financial arrangements.

(a) For a student enrolled in an online learning course,
the department must calculate average daily membership and make payments according to
this subdivision.

(b) The initial online learning average daily membership equals 1/12 for each semester
course or a proportionate amount for courses of different lengths. The adjusted online
learning average daily membership equals the initial online learning average daily
membership times .88.

(c) No online learning average daily membership shall be generated if: (1) the student
does not complete the online learning course, or (2) the student is enrolled in online learning
provided by the enrolling district.

(d) Online learning average daily membership under this subdivision for a student
currently enrolled in a Minnesota public schoolnew text begin or in a Tribal contract or grant school
authorized to receive aid under section 124D.83new text end shall be used only for computing average
daily membership according to section 126C.05, subdivision 19, paragraph (a), clause (2),
and for computing online learning aid according to section 124D.096.

Subd. 2.

English learner.

(a) "English learner" means a pupil in kindergarten through
grade 12new text begin ; an early childhood special education student under Part B, section 619 of the
Individuals with Disabilities Education Act, United States Code, title 20, section 1419;new text end or
a prekindergarten student enrolled in an approved voluntary prekindergarten program under
section 124D.151 or a school readiness plus program who meets the requirements under
subdivision 2a or the following requirements:

(1) the pupil, as declared by a parent or guardian first learned a language other than
English, comes from a home where the language usually spoken is other than English, or
usually speaks a language other than English; and

(2) the pupil is determined by a valid assessment measuring the pupil's English language
proficiency and by developmentally appropriate measures, which might include observations,
teacher judgment, parent recommendations, or developmentally appropriate assessment
instruments, to lack the necessary English skills to participate fully in academic classes
taught in English.

(b) A pupil enrolled in a Minnesota public school in any grade 4 through 12 who in the
previous school year took a commissioner-provided assessment measuring the pupil's
emerging academic English, shall be counted as an English learner in calculating English
learner pupil units under section 126C.05, subdivision 17, and shall generate state English
learner aid under section 124D.65, subdivision 5, if the pupil scored below the state cutoff
score or is otherwise counted as a nonproficient participant on the assessment measuring
the pupil's emerging academic English, or, in the judgment of the pupil's classroom teachers,
consistent with section 124D.61, clause (1), the pupil is unable to demonstrate academic
language proficiency in English, including oral academic language, sufficient to successfully
and fully participate in the general core curriculum in the regular classroom.

(c) Notwithstanding paragraphs (a) and (b), a pupil in new text begin early childhood special education
or new text end prekindergarten under section 124D.151, through grade 12 shall not be counted as an
English learner in calculating English learner pupil units under section 126C.05, subdivision
17, and shall not generate state English learner aid under section 124D.65, subdivision 5,
if:

(1) the pupil is not enrolled during the current fiscal year in an educational program for
English learners under sections 124D.58 to 124D.64; or