1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; repealing, modifying, and 1.3 expanding certain provisions of the kindergarten 1.4 through grade 12 education code; amending Minnesota 1.5 Statutes 1998, sections 120A.05, by adding a 1.6 subdivision; 120A.22, subdivision 1; 120B.11, 1.7 subdivisions 2 and 5; 120B.22, subdivision 1; 121A.06; 1.8 121A.15; 121A.34; 121A.55; 121A.69, subdivision 3; 1.9 122A.09, subdivision 6; 122A.15; 122A.22; 122A.40, 1.10 subdivision 8; 122A.41, subdivision 5; 122A.68, 1.11 subdivisions 1 and 7; 122A.69; 122A.70, subdivision 2; 1.12 122A.91; 122A.92; 123B.02, subdivision 1; 123B.04, 1.13 subdivisions 2 and 5; 123B.143, subdivision 1; 1.14 123B.147, as amended; 123B.49, subdivision 1; 123B.51, 1.15 subdivisions 1 and 5; 123B.83, subdivision 1; 123B.90, 1.16 subdivision 1; 124D.02, subdivision 1; 124D.03, 1.17 subdivision 3; 124D.09, subdivisions 5, 6, and 7; 1.18 124D.10, subdivisions 1 and 19; 124D.115, subdivision 1.19 3; 124D.118, subdivisions 2 and 3; 124D.128, 1.20 subdivision 1; 124D.34, subdivision 4; 124D.35; 1.21 124D.37; 124D.40, subdivision 2; 124D.41; 124D.42, 1.22 subdivision 7; 124D.46, subdivision 1; 124D.47, 1.23 subdivision 2; 124D.49, subdivision 3; 124D.50, 1.24 subdivisions 2 and 3; 124D.65, subdivision 6; 1.25 124D.892; 124D.94, subdivision 4; 125B.05, as amended; 1.26 126C.31; 127A.05, subdivision 3; 127A.06; and 127A.41, 1.27 subdivision 7; Minnesota Statutes 1999 Supplement, 1.28 sections 122A.40, subdivision 5; 122A.58, subdivision 1.29 1; 122A.60, subdivision 1; 123A.06, subdivision 1; 1.30 123B.36, subdivision 1; 123B.43; 123B.49, subdivision 1.31 4; 123B.90, subdivision 2; 123B.91, subdivision 1; 1.32 124D.10, subdivisions 6 and 15; 124D.121; 124D.126, 1.33 subdivision 1; 124D.94, subdivision 2; 125B.20; 1.34 126C.05, subdivision 1; 127A.05, subdivision 1; and 1.35 129C.10, subdivision 3; repealing Minnesota Statutes 1.36 1998, sections 121A.03, subdivision 3; 121A.16; 1.37 121A.70; 122A.162; 122A.163; 122A.19, subdivision 2; 1.38 122A.32; 122A.40, subdivision 6; 122A.41, subdivision 1.39 3; 122A.49, subdivisions 1, 2, and 4; 122A.52; 1.40 122A.53; 122A.71; 122A.72, subdivisions 1, 2, 3, and 1.41 5; 122A.75; 123A.15, subdivision 1; 123A.35; 123A.36, 1.42 subdivisions 3, 4, 5, 6, 7, 8, 9, 10, and 11; 123A.37; 1.43 123A.38; 123A.39, subdivisions 1, 2, and 4; 123A.40; 1.44 123A.41, subdivision 4; 123B.02, subdivisions 5, 10, 1.45 and 13; 123B.11; 123B.15; 123B.16; 123B.17; 123B.18; 1.46 123B.19; 123B.744; 123B.93; 123B.95, subdivision 3; 2.1 124D.02, subdivision 4; 124D.06; 124D.07; 124D.081, 2.2 subdivision 1; 124D.118, subdivision 1; 124D.124; 2.3 124D.125; subdivisions 1, 2, 4, and 5; 124D.25; 2.4 124D.29; 124D.30; 124D.31; 124D.47, subdivision 1; 2.5 124D.68, subdivision 8; 124D.91; 124D.92; 124D.93, 2.6 subdivisions 2, 3, and 6; 125B.02; and 127A.41, 2.7 subdivision 4; Minnesota Statutes 1999 Supplement, 2.8 sections 122A.72, subdivision 4; 123B.02, subdivision 2.9 9; 124D.122; 124D.127; and 124D.93, subdivisions 1, 4, 2.10 and 5. 2.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.12 ARTICLE 1 2.13 EDUCATION CODE; COMPULSORY ATTENDANCE 2.14 Section 1. Minnesota Statutes 1998, section 120A.05, is 2.15 amended by adding a subdivision to read: 2.16 Subd. 3a. [CHARTER SCHOOL.] "Charter school" means a 2.17 public school formed according to section 124D.10. 2.18 Sec. 2. Minnesota Statutes 1998, section 120A.22, 2.19 subdivision 1, is amended to read: 2.20 Subdivision 1. [PARENTAL RESPONSIBILITY.] The parent of a 2.21 child is primarily responsible for assuring that the child 2.22 acquires knowledge and skills that are essential for effective 2.23 citizenship and that the child is enrolled in school under 2.24 section 120A.22, subdivision 4. 2.25 Sec. 3. [EFFECTIVE DATE.] 2.26 Sections 1 and 2 are effective for the 2000-2001 school 2.27 year and later. 2.28 ARTICLE 2 2.29 CURRICULUM AND ASSESSMENT 2.30 Section 1. Minnesota Statutes 1998, section 120B.11, 2.31 subdivision 2, is amended to read: 2.32 Subd. 2. [ADOPTING POLICIES.] (a) A school board shall 2.33 adopt annually a written policy that includes the following: 2.34 (1) district goals for instruction and curriculum; 2.35 (2) a process for evaluating each student's progress toward 2.36 meeting graduation standards and identifying the strengths and 2.37 weaknesses of instruction and curriculum affecting students' 2.38 progress; 2.39 (3) a system for periodically reviewing all instruction and 2.40 curriculum; and 3.1 (4) a plan for improving instruction and curriculum; and3.2(5) an instruction plan that includes education3.3effectiveness processes developed under section 122A.625 and3.4integrates instruction, curriculum, and technology. 3.5 Sec. 2. Minnesota Statutes 1998, section 120B.11, 3.6 subdivision 5, is amended to read: 3.7 Subd. 5. [REPORT.] (a) By October 1 of each year, the 3.8 school board shall use standard statewide reporting procedures 3.9 the commissioner develops and adopt a report that includes the 3.10 following: 3.11 (1) student performance goals for meeting state graduation 3.12 standards adopted for that year; 3.13 (2) results of local assessment data, and any additional 3.14 test data; 3.15 (3) the annual school district improvement plans; 3.16 (4) information about district and learning site progress 3.17 in realizing previously adopted improvement plans; and 3.18 (5) the amount and type of revenue attributed to each 3.19 education site as defined in section 123B.04, subdivision 2. 3.20 (b) The school board shall publish the report in the local 3.21 newspaper with the largest circulation in the district or by 3.22 mail. The board shall make a copy of the report available to 3.23 the public for inspection. The board shall send a copy of the 3.24 report to the commissioner of children, families, and learning 3.25 by October 15 of each year. 3.26 (c) The title of the report shall contain the name and 3.27 number of the school district and read "Annual Report on 3.28 Curriculum, Instruction, and Student Performance."The report3.29must include at least the following information about advisory3.30committee membership:3.31(1) the name of each committee member and the date when3.32that member's term expires;3.33(2) the method and criteria the school board uses to select3.34committee members; and3.35(3) the date by which a community resident must apply to3.36next serve on the committee.4.1 Sec. 3. Minnesota Statutes 1998, section 120B.22, 4.2 subdivision 1, is amended to read: 4.3 Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.](a)The 4.4 commissioner of children, families, and learning, in 4.5 consultation with the commissioners of health and human 4.6 services, state minority councils, battered women's programs, 4.7 sexual assault centers, representatives of religious 4.8 communities, and the assistant commissioner of the office of 4.9 drug policy and violence prevention, shall assist districts on 4.10 request in developing or implementing a violence prevention 4.11 program for students in kindergarten to grade 12 that can be 4.12 integrated into existing curriculum.The purpose of the program4.13is to help students learn how to resolve conflicts within their4.14families and communities in nonviolent, effective ways.4.15(b) Each district is encouraged to integrate into its4.16existing curriculum a program for violence prevention that4.17includes at least:4.18(1) a comprehensive, accurate, and age appropriate4.19curriculum on violence prevention, nonviolent conflict4.20resolution, sexual, racial, and cultural harassment, and student4.21hazing that promotes equality, respect, understanding, effective4.22communication, individual responsibility, thoughtful decision4.23making, positive conflict resolution, useful coping skills,4.24critical thinking, listening and watching skills, and personal4.25safety;4.26(2) planning materials, guidelines, and other accurate4.27information on preventing physical and emotional violence,4.28identifying and reducing the incidence of sexual, racial, and4.29cultural harassment, and reducing child abuse and neglect;4.30(3) a special parent education component of early childhood4.31family education programs to prevent child abuse and neglect and4.32to promote positive parenting skills, giving priority to4.33services and outreach programs for at-risk families;4.34(4) involvement of parents and other community members,4.35including the clergy, business representatives, civic leaders,4.36local elected officials, law enforcement officials, and the5.1county attorney;5.2(5) collaboration with local community services, agencies,5.3and organizations that assist in violence intervention or5.4prevention, including family-based services, crisis services,5.5life management skills services, case coordination services,5.6mental health services, and early intervention services;5.7(6) collaboration among districts and service cooperatives;5.8(7) targeting early adolescents for prevention efforts,5.9especially early adolescents whose personal circumstances may5.10lead to violent or harassing behavior;5.11(8) opportunities for teachers to receive in-service5.12training or attend other programs on strategies or curriculum5.13designed to assist students in intervening in or preventing5.14violence in school and at home; and5.15(9) administrative policies that reflect, and a staff that5.16models, nonviolent behaviors that do not display or condone5.17sexual, racial, or cultural harassment or student hazing.5.18(c) The department may provide assistance at a neutral site5.19to a nonpublic school participating in a district's program.5.20 Sec. 4. [EFFECTIVE DATE.] 5.21 Sections 1 to 3 are effective for the 2000-2001 school year 5.22 and later. 5.23 ARTICLE 3 5.24 STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR 5.25 Section 1. Minnesota Statutes 1998, section 121A.06, is 5.26 amended to read: 5.27 121A.06 [REPORTS OF DANGEROUS WEAPON INCIDENTS IN SCHOOL 5.28 ZONES.] 5.29 Subdivision 1. [DEFINITIONS.] As used in this section: 5.30 (1) "dangerous weapon" has the meaning given it in section 5.31 609.02, subdivision 6; 5.32 (2) "school" has the meaning given it in section 120A.22, 5.33 subdivision 4; and 5.34 (3) "school zone" has the meaning given it in section 5.35 152.01, subdivision 14a, clauses (1) and (3). 5.36 Subd. 2. [REPORTS; CONTENT.]By January 1, 1994,The 6.1 commissioner, in consultation with the criminal and juvenile 6.2 information policy group, shalldevelopmaintain a standardized 6.3 form to be used by schools to report incidents involving the use 6.4 or possession of a dangerous weapon in school zones. The form 6.5 shall include the following information: 6.6 (1) a description of each incident, including a description 6.7 of the dangerous weapon involved in the incident; 6.8 (2) where, at what time, and under what circumstances the 6.9 incident occurred; 6.10 (3) information about the offender, other than the 6.11 offender's name, including the offender's age; whether the 6.12 offender was a student and, if so, where the offender attended 6.13 school; and whether the offender was under school expulsion or 6.14 suspension at the time of the incident; 6.15 (4) information about the victim other than the victim's 6.16 name, if any, including the victim's age; whether the victim was 6.17 a student and, if so, where the victim attended school; and if 6.18 the victim was not a student, whether the victim was employed at 6.19 the school; 6.20 (5) the cost of the incident to the school and to the 6.21 victim; and 6.22 (6) the action taken by the school administration to 6.23 respond to the incident. 6.24 The commissioner also shall develop an alternative 6.25 reporting format that allows school districts to provide 6.26 aggregate data, with an option to use computer technology to 6.27 report the data. 6.28 Subd. 3. [REPORTS; FILING REQUIREMENTS.] ByFebruary 1 and6.29 July 1 of each year, each school shall report incidents 6.30 involving the use or possession of a dangerous weapon in school 6.31 zones to the commissioner. The reports must be made on the 6.32 standardized forms or using the alternative format developed by 6.33 the commissioner under subdivision 2. The commissioner shall 6.34 compile the information it receives from the schools and report 6.35 it annually to the commissioner of public safety, the criminal 6.36 and juvenile information policy group, and the legislature. 7.1 Sec. 2. Minnesota Statutes 1998, section 121A.15, is 7.2 amended to read: 7.3 121A.15 [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.] 7.4 Subdivision 1. [IMMUNIZATION REQUIREMENT.] Except as 7.5 provided in subdivisions 3, 4, and 10, no person over two months 7.6 old may be allowed to enroll or remain enrolled in any 7.7 elementary or secondary school or child care facility in this 7.8 state until the person has submitted to the administratoror7.9other person having general control and supervision of the7.10school or child care facility,one of the following statements: 7.11 (1) a statement froma physician or a public clinic which7.12provides immunizationsan immunization provider stating that the 7.13 person has received immunization, consistent with medically 7.14 acceptable standards, against measles after having attained the 7.15 age of 12 months, rubella, diphtheria, tetanus, pertussis, 7.16 polio, mumps, haemophilus influenza type b, and hepatitis B; or 7.17 (2) a statement froma physician or a public clinic which7.18provides immunizationsan immunization provider stating that the 7.19 person has received immunizations, consistent with medically 7.20 acceptable standards, against measles after having attained the 7.21 age of 12 months, rubella, mumps, and haemophilus influenza type 7.22 b and that the person has commenced a schedule of immunizations 7.23 for diphtheria, tetanus, pertussis, polio, and hepatitis B and 7.24 which indicates the month and year of each immunization received. 7.25 Subd. 2. [SCHEDULE OF IMMUNIZATIONS.] No person who has 7.26 commenced a treatment schedule of immunization pursuant to 7.27 subdivision 1, clause (2), may remain enrolled in any child care 7.28 facility, elementary, or secondary school in this state after 18 7.29 months of enrollment unless there is submitted to the 7.30 administrator, or other person having general control and7.31supervision of the school or child care facility,a statement 7.32 froma physician or a public clinic which provides immunizations7.33 an immunization provider that the person has completed the 7.34 primary schedule of immunizations for diphtheria, tetanus, 7.35 pertussis, polio, and hepatitis B. The statement must include 7.36 the month and year of each additional immunization received. 8.1 For a child less than seven years of age, a primary schedule of 8.2 immunizations shall consist of four doses of vaccine for 8.3 diphtheria, tetanus, and pertussis and three doses of vaccine 8.4 for poliomyelitis and hepatitis B. For a child seven years of 8.5 age or older, a primary schedule of immunizations shall consist 8.6 of three doses of vaccine for diphtheria, tetanus, polio, and 8.7 hepatitis B as specified in subdivision 10. 8.8 Subd. 3. [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 8.9 is at least seven years old and has not been immunized against 8.10 pertussis, the person must not be required to be immunized 8.11 against pertussis. 8.12 (b) If a person is at least 18 years old and has not 8.13 completed a series of immunizations against poliomyelitis, the 8.14 person must not be required to be immunized against 8.15 poliomyelitis. 8.16 (c) If a statement, signed by a physician, is submitted to 8.17 the administratoror other person having general control and8.18supervision of the school or child care facilitystating that an 8.19 immunization is contraindicated for medical reasons or that 8.20 laboratory confirmation of the presence of adequate immunity 8.21 exists, the immunization specified in the statement need not be 8.22 required. 8.23 (d) If a notarized statement signed by the minor child's 8.24 parent or guardian or by the emancipated person is submitted to 8.25 the administratoror other person having general control and8.26supervision of the school or child care facilitystating that 8.27 the person has not been immunized as prescribed in subdivision 1 8.28 because of the conscientiously held beliefs of the parent or 8.29 guardian of the minor child or of the emancipated person, the 8.30 immunizations specified in the statement shall not be required. 8.31 This statement must also be forwarded to the commissioner of the 8.32 department of health. 8.33 (e) If the person is under 15 months, the person is not 8.34 required to be immunized against measles, rubella, or mumps. 8.35 (f) If a person is at least five years old and has not been 8.36 immunized against haemophilus influenza type b, the person is 9.1 not required to be immunized against haemophilus influenza type 9.2 b. 9.3 Subd. 4. [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 9.4 who is enrolling or enrolled in an elementary or secondary 9.5 school or child care facility may substitute a statement from 9.6 the emancipated person or a parent or guardian if the person is 9.7 a minor child in lieu of the statement froma physician or9.8public clinic which provides immunizationsan immunization 9.9 provider. If the statement is from a parent or guardian or 9.10 emancipated person, the statement must indicate the month and 9.11 year of each immunization given. 9.12 (b) In order for the statement to be acceptable for a 9.13 person who is enrolling in an elementary school and who is six 9.14 years of age or younger, it must indicate that the following was 9.15 given: no less than one dose of vaccine each for measles, 9.16 mumps, and rubellagiven separately or in combination; no less 9.17 than four doses of vaccine for poliomyelitis, unless the third 9.18 dose was given after the fourth birthday, then three doses are 9.19 minimum; no less than five doses of vaccine for diphtheria, 9.20 tetanus, and pertussis, unless the fourth dose was given after 9.21 the fourth birthday, then four doses are minimum; and no less 9.22 than three doses of vaccine for hepatitis B as specified in 9.23 subdivision 10. 9.24 (c) In order for the statement to be consistent with 9.25 subdivision 10 and acceptable for a person who is enrolling in 9.26 an elementary or secondary school and is age seven through age 9.27 19, the statement must indicate that the person has received no 9.28 less than one dose of vaccine each for measles, mumps, and 9.29 rubellagiven separately or in combination, and no less than 9.30 three doses of vaccine for poliomyelitis, diphtheria, tetanus, 9.31 and hepatitis B. 9.32 (d) In order for the statement to be acceptable for a 9.33 person who is enrolling in a secondary school, and who was born 9.34 after 1956 and is 20 years of age or older, the statement must 9.35 indicate that the person has received no less than one dose of 9.36 vaccine each for measles, mumps, and rubellagiven separately or10.1in combination, and no less than one dose of vaccine for 10.2 diphtheria and tetanus within the preceding ten years. 10.3 (e) In order for the statement to be acceptable for a 10.4 person who is enrolling in a child care facility and who is at 10.5 least 15 months old but who has not reached five years of age, 10.6 it must indicate that the following were given: no less than 10.7 one dose of vaccine each for measles, mumps, and rubellagiven10.8separately or in combination; no less than one dose of vaccine 10.9 for haemophilus influenza type b; no less than four doses of 10.10 vaccine for diphtheria, tetanus, and pertussis; and no less than 10.11 three doses of vaccine for poliomyelitis. 10.12 (f) In order for the statement to be acceptable for a 10.13 person who is enrolling in a child care facility and who is five 10.14 or six years of age, it must indicate that the following was 10.15 given: no less than one dose of vaccine each for measles, 10.16 mumps, and rubellagiven separately or in combination; no less 10.17 than four doses of vaccine for diphtheria, tetanus, and 10.18 pertussis; and no less than three doses of vaccine for 10.19 poliomyelitis. 10.20 (g) In order for the statement to be acceptable for a 10.21 person who is enrolling in a child care facility and who is 10.22 seven years of age or older, the statement must indicate that 10.23 the person has received no less than one dose of vaccine each 10.24 for measles, mumps, and rubellagiven separately or in10.25combinationand consistent with subdivision 10, and no less than 10.26 three doses of vaccine for poliomyelitis, diphtheria, and 10.27 tetanus. 10.28 (h) The commissioner of health, on finding that any of the 10.29 above requirements are not necessary to protect the public's 10.30 health, may suspend for one year that requirement. 10.31 Subd. 5. [TRANSFER OF IMMUNIZATION STATEMENTS.] If a 10.32 person transfers from one elementary or secondary school to 10.33 another, the school board of a public school district or the 10.34 administrator of a nonpublic school may allow the person up to a 10.35 maximum of 30 days to submit one or more of the statements as 10.36 specified in subdivision 1 or 3, during which time the person 11.1 may enroll in and attend the school. If a person enrolls in a 11.2 child care facility in which at least 75 percent of children in 11.3 the facility participate on a one-time only or occasional basis 11.4 to a maximum of 45 hours per child, per month, or is placed in a 11.5 facility by a crisis nursery, the person shall be exempt from 11.6 all requirements of this section for up to five consecutive 11.7 days, starting from the first day of attendance. 11.8 Subd. 6. [SUSPENSION OF IMMUNIZATION REQUIREMENT.] The 11.9 commissioner of health, on finding that an immunization required 11.10 pursuant to this section is not necessary to protect the 11.11 public's health, may suspend for one year the requirement that 11.12 children receive that immunization. 11.13 Subd. 7. [FILE ON IMMUNIZATION RECORDS.] Each school or 11.14 child care facility shall maintain on file immunization records 11.15 for all persons in attendance that contain the information 11.16 required by subdivisions 1, 2, and 3. The school shall maintain 11.17 the records for at least five years after the person attains the 11.18 age of majority. The department of health and the board of 11.19 health, as defined in section 145A.02, subdivision 2, in whose 11.20 jurisdiction the school or child care facility is located, shall 11.21 have access to the files maintained pursuant to this 11.22 subdivision. When a person transfers to another elementary or 11.23 secondary school or child care facility, the administratoror11.24other person having general control and supervision of the11.25school or child care facilityshall assist the person's parent 11.26 or guardian in the transfer of the immunization file to the 11.27 person's new school or child care facility within 30 days of the 11.28 transfer. Upon the request of a public or private 11.29 post-secondary educational institution, as defined in section 11.30 135A.14, the administratoror other person having general11.31control or supervision of a schoolshall assist in the transfer 11.32 of a student's immunization file to the post-secondary 11.33 institution. 11.34 Subd. 8. [REPORT.] The administratoror other person11.35having general control and supervision of the elementary or11.36secondary schoolshall file a report with the commissioner on 12.1 all persons enrolled in the school. The superintendent of each 12.2 district shall file a report with the commissioner for all 12.3 persons within the district receiving instruction in a home 12.4 school in compliance with sections 120A.22 and 120A.24. The 12.5 parent of persons receiving instruction in a home school shall 12.6 submit the statements as required by subdivisions 1, 2, 3, and 4 12.7 to the superintendent of the district in which the person 12.8 resides by October 1 of each school year. The school report 12.9 must be prepared on forms developed jointly by the commissioner 12.10 of health and the commissioner of children, families, and 12.11 learning and be distributed to the local districts by the 12.12 commissioner of health. The school report must state the number 12.13 of persons attending the school, the number of persons who have 12.14 not been immunized according to subdivision 1 or 2, and the 12.15 number of persons who received an exemption under subdivision 3, 12.16 clause (c) or (d). The school report must be filed with the 12.17 commissioner of children, families, and learning within 60 days 12.18 of the commencement of each new school term. Upon request, a 12.19 district must be given a 60-day extension for filing the school 12.20 report. The commissioner of children, families, and learning 12.21 shall forward the report, or a copy thereof, to the commissioner 12.22 of health who shall provide summary reports to boards of health 12.23 as defined in section 145A.02, subdivision 2. The administrator 12.24or other person having general control and supervision of the12.25child care facilityshall file a report with the commissioner of 12.26 human services on all persons enrolled in the child care 12.27 facility. The child care facility report must be prepared on 12.28 forms developed jointly by the commissioner of health and the 12.29 commissioner of human services and be distributed to child care 12.30 facilities by the commissioner of health. The child care 12.31 facility report must state the number of persons enrolled in the 12.32 facility, the number of persons with no immunizations, the 12.33 number of persons who received an exemption under subdivision 3, 12.34 clause (c) or (d), and the number of persons with partial or 12.35 full immunization histories. The child care facility report 12.36 must be filed with the commissioner of human services by 13.1 November 1 of each year. The commissioner of human services 13.2 shall forward the report, or a copy thereof, to the commissioner 13.3 of health who shall provide summary reports to boards of health 13.4 as defined in section 145A.02, subdivision 2. The report 13.5 required by this subdivision is not required of a family child 13.6 care or group family child care facility, for prekindergarten 13.7 children enrolled in any elementary or secondary school provided 13.8 services according to sections 125A.05 and 125A.06, nor for 13.9 child care facilities in which at least 75 percent of children 13.10 in the facility participate on a one-time only or occasional 13.11 basis to a maximum of 45 hours per child, per month. 13.12 Subd. 9. [DEFINITIONS.] As used in this section the 13.13 following terms have the meanings given them. 13.14 (a) "Elementary or secondary school" includes any public 13.15 school as defined in section 120A.05, subdivisions 9, 11, 13, 13.16 and 17, or nonpublic school, church, or religious organization, 13.17 or home school in which a child is provided instruction in 13.18 compliance with sections 120A.22 and 120A.24. 13.19 (b) "Person enrolled in any elementary or secondary school" 13.20 means a person born after 1956 and enrolled in grades 13.21 kindergarten through 12, and a child with a disability receiving 13.22 special instruction and services as required insectionssection 13.23 125A.03to 125A.24 and 125A.65, excluding a child being provided 13.24 services according to section 125A.05, paragraph(c), or13.25125A.06, paragraph (d)(a), clause (3) or (7). 13.26 (c) "Child care facility" includes those child care 13.27 programs subject to licensure under chapter 245A, and Minnesota 13.28 Rules, chapters 9502 and 9503. 13.29 (d) "Family child care" means child care for no more than 13.30 ten children at one time of which no more than six are under 13.31 school age. The licensed capacity must include all children of 13.32 any caregiver when the children are present in the residence. 13.33 (e) "Group family child care" means child care for no more 13.34 than 14 children at any one time. The total number of children 13.35 includes all children of any caregiver when the children are 13.36 present in the residence. 14.1 (f) "Administrator" means any individual having general 14.2 control and supervision of a school or child care facility. 14.3 (g) "Immunization provider" means any physician, health 14.4 care provider, or public clinic that provides immunizations. 14.5 Subd. 10. [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] A 14.6 statement required to be submitted under subdivisions 1, 2, and 14.7 4 to document evidence of immunization shall include month, day, 14.8 and year for immunizations administered after January 1, 1990. 14.9 (a)For persons enrolled in grades 7 and 12 during the14.101996-1997 school term, the statement must indicate that the14.11person has received a dose of tetanus and diphtheria toxoid no14.12earlier than 11 years of age.14.13(b) Except as specified in paragraph (e), for persons14.14enrolled in grades 7, 8, and 12 during the 1997-1998 school14.15term, the statement must indicate that the person has received a14.16dose of tetanus and diphtheria toxoid no earlier than 11 years14.17of age.14.18(c)Except as specified in paragraph(e)(c), for persons 14.19 enrolled in grades 7 through 12 during the 1998-1999 school term 14.20 and for each year thereafter, the statement must indicate that 14.21 the person has received a dose of tetanus and diphtheria toxoid 14.22 no earlier than 11 years of age. 14.23(d)(b) For persons enrolled in grades 7 through 12during14.24the 1996-1997 school year and for each year thereafter, the 14.25 statement must indicate that the person has received at least 14.26 two doses of vaccine against measles, mumps, and rubella,given14.27alone or separatelyand given not less than one month apart. 14.28(e)(c) A person who has received at least three doses of 14.29 tetanus and diphtheria toxoids, with the most recent dose given 14.30 after age six and before age 11, is not required to have 14.31 additional immunization against diphtheria and tetanus until ten 14.32 years have elapsed from the person's most recent dose of tetanus 14.33 and diphtheria toxoid. 14.34(f)(d) The requirement for hepatitis B vaccination shall 14.35 apply to persons enrolling in kindergarten beginning with the 14.36 2000-2001 school term. 15.1(g)(e) The requirement for hepatitis B vaccination shall 15.2 apply to persons enrolling in grade 7 beginning with the 15.3 2001-2002 school term. 15.4 Subd. 11. [COMMISSIONER OF HUMAN SERVICES; CONTINUED 15.5 RESPONSIBILITIES.] Nothing in this section relieves the 15.6 commissioner of human services of the responsibility, under 15.7 chapter 245A, to inspect and assure that statements required by 15.8 this section are on file at child care programs subject to 15.9 licensure. 15.10 Sec. 3. Minnesota Statutes 1998, section 121A.34, is 15.11 amended to read: 15.12 121A.34 [SCHOOL SAFETY PATROLS.] 15.13 Subdivision 1. [ESTABLISHMENT.]In the exercise of15.14authorized control and supervision over pupils attending schools15.15and other educational institutions, both public and private,The 15.16 governing board or other directing authority of anysuchschool 15.17 or institutionis empowered to authorize the organizationunder 15.18 section 120A.22, subdivision 4, except a home school, may 15.19 organize andsupervision ofsupervise school safety patrolsfor15.20the purpose of influencingto influence andencouraging15.21 encourage other pupils to refrain from crossing public highways 15.22 at points other than regular crossings andfor the purpose of15.23directingto direct pupils when and where to cross highways. 15.24 Subd. 2. [APPOINTMENT OF MEMBERS.]Unless the parents or15.25guardian of a pupil object in writing to the school authorities15.26to the appointment of the pupil on a school safety patrol, it is15.27lawful for anyA pupil over nine yearsof age toold may be 15.28 appointedand designated as a member ofto the patrolin any15.29school in which. If there are no pupilswho have attained such15.30ageat least nine years old, then any pupil in the highest grade 15.31thereinmay besoappointedand designated. The pupil's parent 15.32 or guardian may refuse the appointment in writing to school 15.33 authorities. School authorities may also appoint and designate 15.34 nonpupil adults as members of a school safety patrol on a 15.35 voluntary or for-hire basis. 15.36 Subd. 3. [LIABILITY NOT TO ATTACH.]No liability shall16.1attach either to theA school, educational institution, 16.2 governing board, directing authority, or any individual 16.3 director, board member, superintendent, principal, teacher, or 16.4 other school authority by virtue of the organization, 16.5 maintenance, or operation ofsucha school safety patrol shall 16.6 not be liable because of injuries sustained by any pupil, 16.7 whether a member of the patrol or otherwiseby reason ofdue to 16.8 the operation and maintenance of the patrol. 16.9 Subd. 4. [IDENTIFY, OPERATION.] Identification and 16.10 operation of school safety patrols shall be uniform throughout 16.11 the state and the method of identification and signals to be 16.12 used shall be as prescribed by the commissioner of public 16.13 safety. School safety patrol members may wear fluorescent 16.14 reflective vests. 16.15 Sec. 4. Minnesota Statutes 1998, section 121A.55, is 16.16 amended to read: 16.17 121A.55 [POLICIES TO BE ESTABLISHED.] 16.18 (a) The commissioner of children, families, and learning 16.19 shall promulgate guidelines to assist each school board. Each 16.20 school board shall establish uniform criteria for dismissal and 16.21 adopt written policies and rules to effectuate the purposes of 16.22 sections 121A.40 to 121A.56. The policies shall emphasize 16.23 preventing dismissals through early detection of problems and 16.24 shall be designed to address students' inappropriate behavior 16.25 from recurring. The policies shall recognize the continuing 16.26 responsibility of the school for the education of the pupil 16.27 during the dismissal period. The alternative educational 16.28 services, if the pupil wishes to take advantage of them, must be 16.29 adequate to allow the pupil to make progress towards meeting the 16.30 graduation standards adopted under section 120B.02 and help 16.31 prepare the pupil for readmission. 16.32 (b) An area learning center under section 123A.05 may not 16.33 prohibit an expelled or excluded pupil from enrolling solely 16.34 because a district expelled or excluded the pupil. The board of 16.35 the area learning center may use the provisions of the Pupil 16.36 Fair Dismissal Act to exclude a pupil or to require an admission 17.1 plan. 17.2(c) The commissioner shall actively encourage and assist17.3school districts to cooperatively establish alternative17.4educational services within school buildings or at alternative17.5program sites that offer instruction to pupils who are dismissed17.6from school for willfully engaging in dangerous, disruptive, or17.7violent behavior, including for possessing a firearm in a school17.8zone.17.9 Sec. 5. Minnesota Statutes 1998, section 121A.69, 17.10 subdivision 3, is amended to read: 17.11 Subd. 3. [SCHOOL BOARD POLICY.] Each school board shall 17.12 adopt a written policy governing student or staff hazing. The 17.13 policy must apply to student behavior that occurs on or off 17.14 school property and during and after school hours.The policy17.15must include reporting procedures and disciplinary consequences17.16for violating the policy. Disciplinary consequences must be17.17sufficiently severe to deter violations and appropriately17.18discipline prohibited behavior.Disciplinary consequences must 17.19 conform with sections 121A.41 to 121A.56. Each school must 17.20 include the policy in the student handbook on school policies. 17.21 Sec. 6. [REPEALER.] 17.22 Minnesota Statutes 1998, sections 121A.03, subdivision 3; 17.23 121A.16; and 121A.70, are repealed. 17.24 Sec. 7. [EFFECTIVE DATE.] 17.25 Sections 1 to 6 are effective for the 2000-2001 school year 17.26 and later. 17.27 ARTICLE 4 17.28 TEACHERS AND OTHER EDUCATORS 17.29 Section 1. Minnesota Statutes 1998, section 122A.09, 17.30 subdivision 6, is amended to read: 17.31 Subd. 6. [REGISTER OF PERSONS LICENSED.] The executive 17.32 secretary of the board of teaching shall keep a record of the 17.33 proceedings of and a register of all persons licensed pursuant 17.34 to the provisions of this chapter.The register must show the17.35name, address, license number and the renewal of the license.17.36The board must on July 1, of each year or as soon thereafter as18.1is practicable, compile a list of such duly licensed teachers18.2and transmit a copy of the list to the board.A copy of the 18.3 register must be available during business hours at the office 18.4 of the board to any interested person. 18.5 Sec. 2. Minnesota Statutes 1998, section 122A.15, is 18.6 amended to read: 18.7 122A.15 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 18.8 DEFINITIONS, LICENSURE.] 18.9 Subdivision 1. [TEACHERS.] The term "teachers" for the 18.10 purpose of licensure, means all persons employed in a public 18.11 school or education district or by a service cooperative as 18.12 members of the instructional, supervisory, and support staff 18.13 including superintendents, principals, supervisors, secondary 18.14 vocational and other classroom teachers, librarians, counselors, 18.15 school psychologists, school nurses, school social workers, 18.16 audio-visual directors and coordinators, recreation personnel, 18.17 media generalists, media supervisors, andspeech therapists18.18 educational speech-language pathologists. 18.19 Subd. 2. [SUPERVISORY PERSONNEL.] "Supervisory personnel" 18.20 for the purpose of licensure means superintendents, principals, 18.21 and professional employees who devote 50 percent or more of 18.22 their time to administrative or supervisory duties over other 18.23 personnel, and includes athletic coaches. 18.24 Sec. 3. Minnesota Statutes 1998, section 122A.22, is 18.25 amended to read: 18.26 122A.22 [DISTRICT RECORDING OF TEACHER LICENSES.] 18.27 No person shall be accounted a qualified teacher until the 18.28 person has filed either a teaching license for record or a 18.29 certified copy of a teaching license with the district 18.30 superintendent where the person intends to teacha license, or18.31certified copy of a license, authorizing the person to teach18.32school in the district school system. 18.33 Sec. 4. Minnesota Statutes 1999 Supplement, section 18.34 122A.40, subdivision 5, is amended to read: 18.35 Subd. 5. [PROBATIONARY PERIOD.] (a) The first three 18.36 consecutive years of a teacher's first teaching experience in 19.1 Minnesota in a single district is deemed to be a probationary 19.2 period of employment, and after completion thereof, the 19.3 probationary period in each district in which the teacher is 19.4 thereafter employed shall be one year. The school board must 19.5 adopt a plan for written evaluation of teachers during the 19.6 probationary period. Evaluation must occur at least three times 19.7 each year for a teacher performing services on 120 or more 19.8 school days, at least two times each year for a teacher 19.9 performing services on 60 to 119 school days, and at least one 19.10 time each year for a teacher performing services on fewer than 19.11 60 school days. Days devoted to parent-teacher conferences, 19.12 teachers' workshops, and other staff development opportunities 19.13 and days on which a teacher is absent from school must not be 19.14 included in determining the number of school days on which a 19.15 teacher performs services. Except as otherwise provided in 19.16 paragraph (b), during the probationary period any annual 19.17 contract with any teacher may or may not be renewed as the 19.18 school board shall see fit.However,The board must give any 19.19suchprobationary teacher whose contract it declines to renew 19.20 for the following school year written notice to that effect 19.21 before July 1. If the teacher requests reasons for any 19.22 nonrenewal of a teaching contract, the board must give the 19.23 teacher its reason in writing, including a statement that 19.24 appropriate supervision was furnished describing the nature and 19.25 the extent of such supervision furnished the teacher during the 19.26 employment by the board, within ten days after receiving such 19.27 request. The school board may, after a hearing held upon due 19.28 notice, discharge a teacher during the probationary period for 19.29 cause, effective immediately, under section 122A.44. 19.30 (b) A board must discharge a probationary teacher, 19.31 effective immediately, upon receipt of notice under section 19.32 122A.20, subdivision 1, paragraph (b), that the teacher's 19.33 license has been revoked due to a conviction for child abuse or 19.34 sexual abuse. 19.35 Sec. 5. Minnesota Statutes 1998, section 122A.40, 19.36 subdivision 8, is amended to read: 20.1 Subd. 8. [PEER REVIEW FORCONTINUING CONTRACTTEACHERS.] A 20.2 school board and an exclusive representative of the teachers in 20.3 the district shall develop a peer review process for continuing 20.4 contract teachers and probationary teachers through joint 20.5 agreement. 20.6 Sec. 6. Minnesota Statutes 1998, section 122A.41, 20.7 subdivision 5, is amended to read: 20.8 Subd. 5. [PEER REVIEW FORCONTINUING CONTRACTTEACHERS.] A 20.9 school board and an exclusive representative of the teachers in 20.10 the district must develop a peer review process for 20.11 nonprobationary and probationary teachers through joint 20.12 agreement. 20.13 Sec. 7. Minnesota Statutes 1999 Supplement, section 20.14 122A.58, subdivision 1, is amended to read: 20.15 Subdivision 1. [TERMINATION; HEARING.] Before a district 20.16 terminates during the interscholastic sport season the coaching 20.17 duties of an employee who isrequired to hold a license as an20.18athletic coach from the commissioner of children, families, and20.19learningthe head varsity coach of the interscholastic sport at 20.20 the secondary school level, the district must notify the 20.21 employee in writing and state its reason for the proposed 20.22 termination. Within 14 days of receiving this notification, the 20.23 employee may request in writing a hearing on the termination 20.24 before the commissioner. If a hearing is requested, the 20.25 commissioner must hold a hearing within 25 days according to the 20.26 hearing procedures specified in section 122A.40, subdivision 14, 20.27 and the termination is final upon the order of the commissioner 20.28 after the hearing. 20.29 Sec. 8. Minnesota Statutes 1999 Supplement, section 20.30 122A.60, subdivision 1, is amended to read: 20.31 Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school 20.32 board must use the revenue authorized in section 122A.61 for 20.33 in-service education for programs under section 120B.22, 20.34subdivision 2,or for staff development plans under this 20.35 section. The board must establish an advisory staff development 20.36 committee to develop the plan, assist site professional 21.1 development teams in developing a site plan consistent with the 21.2 goals of the plan, and evaluate staff development efforts at the 21.3 site level. A majority of the advisory committee and the site 21.4 professional development team must be teachers representing 21.5 various grade levels, subject areas, and special education. The 21.6 advisory committee must also include nonteaching staff, parents, 21.7 and administrators. Districts must report staff development 21.8 results and expenditures to the commissioner in the form and 21.9 manner determined by the commissioner. The expenditure report 21.10 must include expenditures by the board for district level 21.11 activities and expenditures made by the staff. The report must 21.12 provide a breakdown of expenditures for (1) curriculum 21.13 development and programs, (2) in-service education, workshops, 21.14 and conferences, and (3) the cost of teachers or substitute 21.15 teachers for staff development purposes. Within each of these 21.16 categories, the report must also indicate whether the 21.17 expenditures were incurred at the district level or the school 21.18 site level, and whether the school site expenditures were made 21.19 possible by the grants to school sites that demonstrate 21.20 exemplary use of allocated staff development revenue. These 21.21 expenditures are to be reported using the UFARS system. The 21.22 commissioner shall report the staff development expenditure data 21.23 to the education committees of the legislature by February 15 21.24 each year. 21.25 Sec. 9. Minnesota Statutes 1998, section 122A.68, 21.26 subdivision 1, is amended to read: 21.27 Subdivision 1. [ESTABLISHMENT.] A school district with a 21.28 teaching residency plan approved by the board of teaching may 21.29 hire graduates of approved Minnesota teacher preparation 21.30 programs as teaching residents. A district shall employ each 21.31 resident for one school year. The district and the resident may 21.32 agree to extend the residency for one additional school year. A 21.33 school may employ no more than one teaching resident for every 21.34 eight full-time equivalent licensed teachers.No more than 60021.35eligible teachers may be employed as teacher residents in any21.36one school year.22.1 Sec. 10. Minnesota Statutes 1998, section 122A.68, 22.2 subdivision 7, is amended to read: 22.3 Subd. 7. [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] The 22.4 board of teaching mustdevelopmaintain for teachers of students 22.5 in prekindergarten through grade 12, model teaching residency 22.6 outcomes and assessments, and mentoring programs. 22.7 Sec. 11. Minnesota Statutes 1998, section 122A.69, is 22.8 amended to read: 22.9 122A.69 [PRACTICE ORSTUDENT TEACHERS.] 22.10 The board may, by agreements with teacher preparing 22.11 institutions, arrange for classroom experience in the district 22.12 forpractice orstudent teachers who have completed not less 22.13 than two years of an approved teacher education program.Such22.14practiceStudent teachers must be provided with appropriate 22.15 supervision by a fully qualified teacher under rules promulgated 22.16 by the board.PracticeStudent teachers are deemed employees of 22.17 the school district in which they are rendering services for 22.18 purposes of workers' compensation; liability insurance, if 22.19 provided for other district employees in accordance with section 22.20 123B.23; and legal counsel in accordance with the provisions of 22.21 section 123B.25. 22.22 Sec. 12. Minnesota Statutes 1998, section 122A.70, 22.23 subdivision 2, is amended to read: 22.24 Subd. 2. [APPLICATIONS.] The board of teaching must make 22.25 application forms available to sites interested in developing or 22.26 expanding a mentorship program. A school district, a group of 22.27 school districts, or a coalition of districts, teachers and 22.28 teacher education institutions may apply for a teacher 22.29 mentorship program grant. The board of teaching, in22.30consultation with the teacher mentoring task force,must approve 22.31 or disapprove the applications. To the extent possible, the 22.32 approved applications must reflect effective mentoring 22.33 components, include a variety of coalitions and be 22.34 geographically distributed throughout the state. The board of 22.35 teaching must encourage the selected sites to consider the use 22.36 of its assessment procedures. 23.1 Sec. 13. Minnesota Statutes 1998, section 122A.91, is 23.2 amended to read: 23.3 122A.91 [DESIGNATED STATE OFFICIAL.] 23.4 For the purposes of the agreement set forth in section 23.5 122A.90, the designated state official for this state is the 23.6commissioner of children, families, and learningexecutive 23.7 secretary of the board of teaching. 23.8 Sec. 14. Minnesota Statutes 1998, section 122A.92, is 23.9 amended to read: 23.10 122A.92 [RECORD OF CONTRACTS.] 23.11 Two copies of all contracts made on behalf of this state 23.12 pursuant to the agreement set forth in section 122A.90 must be 23.13 kept on file in the office of thecommissioner of children,23.14families, and learningboard of teaching. 23.15 Sec. 15. [REVISOR INSTRUCTION.] 23.16 In the next and subsequent editions of Minnesota Statutes 23.17 and Minnesota Rules, the revisor of statutes shall renumber 23.18 Minnesota Statutes, section 122A.61, subdivision 2, as Minnesota 23.19 Statutes, section 124D.311. The revisor shall also make 23.20 necessary cross-reference changes consistent with the 23.21 renumbering. 23.22 Sec. 16. [REPEALER.] 23.23 Minnesota Statutes 1998, sections 122A.162; 122A.163; 23.24 122A.19, subdivision 2; 122A.32; 122A.40, subdivision 6; 23.25 122A.41, subdivision 3; 122A.49, subdivisions 1, 2, and 4; 23.26 122A.52; 122A.53; 122A.71; 122A.72, subdivisions 1, 2, 3, and 5; 23.27 and 122A.75; and Minnesota Statutes 1999 Supplement, section 23.28 122A.72, subdivision 4, are repealed. 23.29 Sec. 17. [EFFECTIVE DATE.] 23.30 Sections 1 to 16 are effective for the 2000-2001 school 23.31 year and later. 23.32 ARTICLE 5 23.33 SCHOOL DISTRICTS; FORMS FOR ORGANIZING 23.34 Section 1. Minnesota Statutes 1999 Supplement, section 23.35 123A.06, subdivision 1, is amended to read: 23.36 Subdivision 1. [PROGRAM FOCUS.](a) The programs and24.1services of a center must focus on academic and learning skills,24.2applied learning opportunities, trade and vocational skills,24.3work-based learning opportunities, work experience, youth24.4service to the community, transition services, and English24.5language and literacy programs for children whose primary24.6language is a language other than English. Applied learning,24.7work-based learning, and service learning may best be developed24.8in collaboration with a local education and transitions24.9partnership, culturally based organizations, mutual assistance24.10associations, or other community resources. In addition to24.11offering programs, the center shall coordinate the use of other24.12available educational services, special education services,24.13social services, health services, and post-secondary24.14institutions in the community and services area.24.15(b)Consistent with the requirements of sections 121A.40 to 24.16 121A.56, a school district may provide an alternative education 24.17 program for a student who is within the compulsory attendance 24.18 age under section 120A.20, and who is involved in severe or 24.19 repeated disciplinary action. 24.20 Sec. 2. [REPEALER.] 24.21 (a) Minnesota Statutes 1998, sections 123A.15, subdivision 24.22 1; 123A.35; 123A.36, subdivisions 3, 4, 5, 6, 7, 8, 9, 10, and 24.23 11; 123A.37; 123A.38; 123A.39, subdivisions 1, 2, and 4; 24.24 123A.40; 123A.41, subdivision 1; and 123A.43; and Minnesota 24.25 Statutes 1999 Supplement, section 123A.36, subdivisions 1 and 2, 24.26 are repealed. 24.27 (b) Minnesota Statutes 1998, section 123A.41, subdivision 24.28 4, is repealed. 24.29 Sec. 3. [EFFECTIVE DATE.] 24.30 Sections 1 and 2, paragraph (a), are effective for the 24.31 2000-2001 school year and later. Section 2, paragraph (b), is 24.32 effective July 1, 2002. 24.33 ARTICLE 6 24.34 SCHOOL DISTRICT POWERS AND DUTIES 24.35 Section 1. Minnesota Statutes 1998, section 123B.02, 24.36 subdivision 1, is amended to read: 25.1 Subdivision 1. [BOARD AUTHORITY.] The board must have the 25.2 general charge of the business of the district, the school 25.3 houses, and of the interests of the schools thereof. The 25.4 board's authority to govern and manage the district, to carry 25.5 out its duties and responsibilities, and to conduct the business 25.6 of the district includes implied powers in addition to any 25.7 specific powers granted by the legislature. 25.8 Sec. 2. Minnesota Statutes 1998, section 123B.04, 25.9 subdivision 2, is amended to read: 25.10 Subd. 2. [AGREEMENT.] (a) Either the school board or 25.11 theschoolsite decision-making team may request that the school 25.12 board enter into an agreement with aschoolsite decision-making 25.13 team concerning the governance, management, or control of the 25.14 school. A school site decision-making team may includethe25.15school principal,teachers in the school or their designee, 25.16 other employees in the school, parents of pupils in the school, 25.17 representatives of pupils in the school, or other members in the 25.18 community.The school site decision-making team shall include25.19the school principal or other person having general control and25.20supervision of the school.A principal employed at a school 25.21 must be a member of the site decision-making team. A school 25.22 district must provide notice to parents about site 25.23 decision-making teams and inform parents about how to be 25.24 involved with the site decision-making team. The site 25.25 decision-making team must reflect the diversity of the student 25.26 body of the education site. No more than one-half of the 25.27 members shall be employees of the district. 25.28 (b) School site decision-making agreements must delegate 25.29 powers, duties, and broad management responsibilities to site 25.30 teams and involve staff members, students as appropriate, and 25.31 parents in decision making. 25.32 (c) An agreement shall include a statement of powers, 25.33 duties, responsibilities, and authority to be delegated to and 25.34 within the site. 25.35 (d) An agreement may include: 25.36 (1) an achievement contract according to subdivision 4; 26.1 (2) a mechanism to allow principals, or other persons 26.2 having general control and supervision of the school, to make 26.3 decisions regarding how financial and personnel resources are 26.4 best allocated at the site and from whom goods or services are 26.5 purchased; 26.6 (3) a mechanism to implement parental involvement programs 26.7 under section 124D.895 and to provide for effective parental 26.8 communication and feedback on this involvement at the site 26.9 level; 26.10 (4) a provision that would allow the team to determine who 26.11 is hired into licensed and nonlicensed positions; 26.12 (5) a provision that would allow teachers to choose the 26.13 principal or other person having general control; 26.14 (6) an amount of revenue allocated to the site under 26.15 subdivision 3; and 26.16 (7) any other powers and duties determined appropriate by 26.17 the board. 26.18 The school board of the district remains the legal employer 26.19 under clauses (4) and (5). 26.20 (e) Any powers or duties not delegated to the school site 26.21 management team in the school site management agreement shall 26.22 remain with the school board. 26.23(f) Approved agreements shall be filed with the26.24commissioner. If a school board denies a request to enter into26.25a school site management agreement, it shall provide a copy of26.26the request and the reasons for its denial to the commissioner.26.27 Sec. 3. Minnesota Statutes 1998, section 123B.04, 26.28 subdivision 5, is amended to read: 26.29 Subd. 5. [COMMISSIONER'S ROLE.] The commissioner of 26.30 children, families, and learning, in consultation with 26.31 appropriate educational organizations, shall:, 26.32(1)upon request, provide technical support for districts 26.33 and sites with agreements under this section;. 26.34(2) conduct and compile research on the effectiveness of26.35site decision making; and26.36(3) periodically report on and evaluate the effectiveness27.1of site management agreements on a statewide basis.27.2 Sec. 4. Minnesota Statutes 1998, section 123B.143, 27.3 subdivision 1, is amended to read: 27.4 Subdivision 1. [CONTRACT; DUTIES.] All districts 27.5 maintaining a classified secondary school must employ a 27.6 superintendent who shall be an ex officio nonvoting member of 27.7 the school board. The authority for selection and employment of 27.8 a superintendent must be vested in the board in all cases. An 27.9 individual employed by a board as a superintendent shall have an 27.10 initial employment contract for a period of time no longer than 27.11 three years from the date of employment. Any subsequent 27.12 employment contract must not exceed a period of three years. A 27.13 board, at its discretion, may or may not renew an employment 27.14 contract. A board must not, by action or inaction, extend the 27.15 duration of an existing employment contract. Beginning 365 days 27.16 prior to the expiration date of an existing employment contract, 27.17 a board may negotiate and enter into a subsequent employment 27.18 contract to take effect upon the expiration of the existing 27.19 contract. A subsequent contract must be contingent upon the 27.20 employee completing the terms of an existing contract. If a 27.21 contract between a board and a superintendent is terminated 27.22 prior to the date specified in the contract, the board may not 27.23 enter into another superintendent contract with that same 27.24 individual that has a term that extends beyond the date 27.25 specified in the terminated contract. A board may terminate a 27.26 superintendent during the term of an employment contract for any 27.27 of the grounds specified in section 122A.40, subdivision 9 or 13. 27.28 A superintendent shall not rely upon an employment contract with 27.29 a board to assert any other continuing contract rights in the 27.30 position of superintendent under section 122A.40. 27.31 Notwithstanding the provisions of sections 122A.40, subdivision 27.32 10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 27.33 individual shall have a right to employment as a superintendent 27.34 based on order of employment in any district. If two or more 27.35 districts enter into an agreement for the purchase or sharing of 27.36 the services of a superintendent, the contracting districts have 28.1 the absolute right to select one of the individuals employed to 28.2 serve as superintendent in one of the contracting districts and 28.3 no individual has a right to employment as the superintendent to 28.4 provide all or part of the services based on order of employment 28.5 in a contracting district. The superintendent of a district 28.6 shallperform the following:28.7(1) visit and supervise the schools in the district, report28.8and make recommendations about their condition when advisable or28.9on request by the board;28.10(2) recommend to the board employment and dismissal of28.11teachers;28.12(3) superintend school grading practices and examinations28.13for promotions;28.14(4)make reports required by the commissioner;28.15(5)by January 10, submit an annual report to the 28.16 commissioner in a manner prescribed by the commissioner, in 28.17 consultation with school districts, identifying theexpenditures28.18that the district requires to ensure an 80 percent and a 9028.19percent student passage rate on the basic standards test taken28.20in the eighthhighest student passage rate the district expects 28.21 to attain on the reading, math, and writing basic skills tests 28.22 by the 12th grade, identifying the amount of expenditures that 28.23 the district requires toensure a 99 percentattain the targeted 28.24 student passage rateon the basic standards test by 12th grade, 28.25 and how much the district is cross-subsidizing programs with 28.26 special education,compensatorybasic skills, and general 28.27 education revenue; and 28.28(6)performotherduties prescribed by the board. 28.29 Sec. 5. Minnesota Statutes 1998, section 123B.147, as 28.30 amended by Laws 1998, chapter 398, article 5, section 55, is 28.31 amended to read: 28.32 123B.147 [PRINCIPALS.] 28.33 Subdivision 1. [PRINCIPAL MAY SUPERVISE SCHOOL BUILDING.] 28.34 Each public school building, as defined by section 120A.05, 28.35 subdivisions 9, 11, and 13, in an independent district may be 28.36 under the supervision of a principal who is assigned to that 29.1 responsibility by the board of education in that district upon 29.2 the recommendation of the superintendent of schools of that 29.3 district. If pupils in kindergarten through grade 12 attend 29.4 school in one building, one principal, who holds either an 29.5 elementary or a secondary principal's license, may supervise the 29.6 building. 29.7 Subd. 2. [VALID PRINCIPAL LICENSE REQUIRED.] Each 29.8 principalassigned the responsibilityresponsible forthe29.9supervision ofsupervising a school building shall hold a valid 29.10 license in the assigned position of supervision and 29.11 administration as established by the rules of the commissioner 29.12 of children, families, and learning. 29.13 Subd. 3. [PRINCIPALS' DUTIES.] The principal shallprovide29.14administrative, supervisory, and instructional leadership29.15services, under the supervision of the superintendent of schools29.16of the district and in accordance with the policies, rules, and29.17regulations of the board of education, for the planning,29.18management, operation, and evaluation of the education program29.19of the building or buildings to which the principal is29.20assignedperform administrative and supervisory duties as 29.21 determined by the school district. 29.22 Sec. 6. Minnesota Statutes 1999 Supplement, section 29.23 123B.36, subdivision 1, is amended to read: 29.24 Subdivision 1. [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 29.25 purposes of this subdivision, "home school" means a home school 29.26 as defined in sections 120A.22 and 120A.24 with five or fewer 29.27 students receiving instruction. 29.28 (b) A school board is authorized to require payment of fees 29.29 in the following areas: 29.30 (1) in any program where the resultant product, in excess 29.31 of minimum requirements and at the pupil's option, becomes the 29.32 personal property of the pupil; 29.33 (2) admission fees or charges for extra curricular 29.34 activities, where attendance is optional and where the admission 29.35 fees or charges a student must pay to attend or participate in 29.36 an extracurricular activity is the same for all students, 30.1 regardless of whether the student is enrolled in a public or a 30.2 home school; 30.3 (3) a security deposit for the return of materials, 30.4 supplies, or equipment; 30.5 (4) personal physical education and athletic equipment and 30.6 apparel, although any pupil may personally provide it if it 30.7 meets reasonable requirements and standards relating to health 30.8 and safety established by the board; 30.9 (5) items of personal use or products that a student has an 30.10 option to purchase such as student publications, class rings, 30.11 annuals, and graduation announcements; 30.12 (6) fees specifically permitted by any other statute, 30.13 including but not limited to section 171.05, subdivision 2; 30.14 provided (i) driver education fees do not exceed the actual cost 30.15 to the school and school district of providing driver education, 30.16 and (ii) the driver education courses are open to enrollment to 30.17 persons between the ages of 15 and 18 who reside or attend 30.18 school in the school district; 30.19 (7) field trips considered supplementary to a district 30.20 educational program; 30.21 (8) any authorized voluntary student health and accident 30.22 benefit plan; 30.23 (9) for the use of musical instruments owned or rented by 30.24 the district, a reasonable rental fee not to exceed either the 30.25 rental cost to the district or the annual depreciation plus the 30.26 actual annual maintenance cost for each instrument; 30.27 (10) transportation of pupils to and from extra curricular 30.28 activities conducted at locations other than school, where 30.29 attendance is optional; 30.30 (11) transportation of pupils to and from school for which 30.31 aid for fiscal year 1996 is not authorized under Minnesota 30.32 Statutes 1994, section 124.223, subdivision 1, and for which 30.33 levy for fiscal year 1996 is not authorized under Minnesota 30.34 Statutes 1994, section 124.226, subdivision 5, if a district 30.35 charging fees for transportation of pupils establishes 30.36 guidelines for that transportation to ensure that no pupil is 31.1 denied transportation solely because of inability to pay; 31.2 (12) motorcycle classroom education courses conducted 31.3 outside of regular school hours; provided the charge must not 31.4 exceed the actual cost of these courses to the school district; 31.5 (13) transportation to and from post-secondary institutions 31.6 for pupils enrolled under the post-secondary enrollment options 31.7 program under section 123B.88, subdivision 22. Fees collected 31.8 for this service must be reasonable and must be used to reduce 31.9 the cost of operating the route. Families who qualify for 31.10 mileage reimbursement under section 124D.09, subdivision 22, may 31.11 use their state mileage reimbursement to pay this fee. If no 31.12 fee is charged, districts must allocate costs based on the 31.13 number of pupils riding the route; and 31.14 (14) admission fees or charges to a part-time student over 31.15 age 21 attending a secondary school class or program other than 31.16 a student participating in the graduation incentives program 31.17 under section 124D.68 or a student receiving instruction under 31.18 section 125A.03. 31.19 Sec. 7. Minnesota Statutes 1999 Supplement, section 31.20 123B.43, is amended to read: 31.21 123B.43 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 31.22 (a) The commissioner shall assure that textbooks and 31.23 individualized instructional materials loaned to nonpublic 31.24 school pupils are secular, neutral, nonideological and that they 31.25 are incapable of diversion for religious use. 31.26 (b) Textbooks and individualized instructional materials 31.27 must not be used in religious courses, devotional exercises, 31.28 religious training or any other religious activity. 31.29 (c) Textbooks and individualized instructional materials 31.30 must be loaned only to individual pupils upon the request of a 31.31 parent or guardian or the pupil on a form designated for this 31.32 use by the commissioner. The request forms shall provide for 31.33 verification by the parent or guardian or pupil that the 31.34 requested textbooks and individualized instructional materials 31.35 are for the use of the individual pupil in connection with a 31.36 program of instruction in the pupil's elementary or secondary 32.1 school. 32.2(d) The servicing school district or the intermediary32.3service area must take adequate measures to ensure an accurate32.4and periodic inventory of all textbooks and individualized32.5instructional materials loaned to elementary and secondary32.6school pupils attending nonpublic schools. The commissioner of32.7children, families, and learning shall promulgate rules under32.8the provisions of chapter 14 to terminate the eligibility of any32.9nonpublic school pupil if the commissioner determines, after32.10notice and opportunity for hearing, that the textbooks or32.11individualized instructional materials have been used in a32.12manner contrary to the provisions of section 123B.41,32.13subdivision 5, 123B.42, or this section or any rules promulgated32.14by the commissioner of children, families, and learning.32.15 (e) Nothing contained in section 123B.41, subdivision 5, 32.16 123B.42, or this section shall be construed to authorize the 32.17 making of any payments to a nonpublic school or its faculty, 32.18 staff or administrators for religious worship or instruction or 32.19 for any other purpose. 32.20 Sec. 8. Minnesota Statutes 1998, section 123B.49, 32.21 subdivision 1, is amended to read: 32.22 Subdivision 1. [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 32.23Whenever it appears to be beneficial and for the best interest32.24of the district and the pupils of the district to carry on any32.25school sport activities or educational activities connected with32.26their studies outside of the territorial limits of the district,32.27 The board may authorizesuchschool sport or educational 32.28 activitiesto beconducted outside of the territorial limits of 32.29 the district under such rules and regulations as the board deems 32.30 sufficient. The district may pay all necessary coststherefor, 32.31 including transportation, from the district funds available. 32.32 Sec. 9. Minnesota Statutes 1999 Supplement, section 32.33 123B.49, subdivision 4, is amended to read: 32.34 Subd. 4. [BOARDCONTROLAUTHORIZATION OF EXTRACURRICULAR 32.35 ACTIVITIES.] (a) The board maytake charge of and control32.36 authorize all extracurricular activities of the teachers and 33.1 children of the public schools in the district. Extracurricular 33.2 activities means all direct and personal services for pupils for 33.3 their enjoyment that are managed and operated under the guidance 33.4 of an adult or staff member. The board shall allow all resident 33.5 pupils receiving instruction in a home school as defined in 33.6 section 123B.36, subdivision 1, paragraph (a), to be eligible to 33.7 fully participate in extracurricular activities on the same 33.8 basis as public school students. 33.9 (b) Extracurricular activities have all of the following 33.10 characteristics: 33.11 (1) they are not offered for school credit nor required for 33.12 graduation; 33.13 (2) they are generally conducted outside school hours, or 33.14 if partly during school hours, at times agreed by the 33.15 participants, and approved by school authorities; 33.16 (3) the content of the activities is determined primarily 33.17 by the pupil participants under the guidance of a staff member 33.18 or other adult. 33.19 (c) If the board does nottake charge of and control33.20 authorize extracurricular activities, these activities shall be 33.21 self-sustaining with all expenses, except direct salary costs 33.22 and indirect costs of the use of school facilities, met by dues, 33.23 admissions, or other student fundraising events. The general 33.24 fund must reflect only those salaries directly related to and 33.25 readily identified with the activity and paid by public funds. 33.26 Other revenues and expenditures for extra curricular activities 33.27 must be recorded according to the "Manual of Instruction for 33.28 Uniform Student Activities Accounting for Minnesota School 33.29 Districts and Area Vocational-Technical Colleges." 33.30 Extracurricular activities not under board control must have an 33.31 annual financial audit and must also be audited annually for 33.32 compliance with this section. 33.33 (d) If the boardtakes charge of and controlsauthorizes 33.34 extracurricular activities, any or all costs of these activities 33.35 may be provided from school revenues and all revenues and 33.36 expenditures for these activities shall be recorded in the same 34.1 manner as other revenues and expenditures of the district. 34.2 (e) If the boardtakes charge of and controlsauthorizes 34.3 extracurricular activities, the teachers or pupils in the 34.4 district must not participate in such activity, nor shall the 34.5 school name or any allied name be used in connection therewith, 34.6 except by consent and direction of the board. 34.7 Sec. 10. Minnesota Statutes 1998, section 123B.51, 34.8 subdivision 1, is amended to read: 34.9 Subdivision 1. [SITES.] According to section 126C.40, 34.10 subdivision 1, or 465.71, when funds are available, the board 34.11 may locate and acquire necessary sites ofschoolhousesschools 34.12 or enlargements, or additions to existingschoolhousesites by 34.13 lease, purchase or condemnation under the right of eminent 34.14 domain; it may erectschoolhousesschools on the sites; it may 34.15 erect or purchase garages for district-owned school buses. When 34.16 property is taken by eminent domain by authority of this 34.17 subdivision when needed by the district for such purposes, the 34.18 fact that the property has been acquired by the owner under the 34.19 power of eminent domain or is already devoted to public use, 34.20 shall not prevent its acquisition by the district. The board 34.21 may sell or exchangeschoolhousesschools or sites, and execute 34.22 deeds of conveyance thereof. 34.23 Sec. 11. Minnesota Statutes 1998, section 123B.51, 34.24 subdivision 5, is amended to read: 34.25 Subd. 5. [SCHOOLHOUSESCHOOL CLOSING.] The board may close 34.26 aschoolhouseschool only after a public hearing on the question 34.27 of the necessity and practicability of the proposed closing. 34.28 Published notice of the hearing shall be given for two weeks in 34.29 the official newspaper of the district. The time and place of 34.30 the meeting, the description and location of theschoolhouse34.31 school, and a statement of the reasons for the closing must be 34.32 specified in the notice. Parties requesting to give testimony 34.33 for and against the proposal shall be heard by the board before 34.34 it makes a final decision to close or not to close 34.35 theschoolhouseschool. 34.36 Sec. 12. Minnesota Statutes 1998, section 123B.83, 35.1 subdivision 1, is amended to read: 35.2 Subdivision 1. [REDUCE STATUTORY OPERATING DEBT.] (a) 35.3Beginning in fiscal year 1978 and in each year thereafter,A 35.4 district which had statutory operating debt on June 30, 1977 35.5 pursuant to section 126C.42 must limit its expenditures in each 35.6 fiscal year so that the amount of its statutory operating debt 35.7 calculated at the end of that fiscal year is not greater than 35.8 the amount of the district's statutory operating debt as of June 35.9 30, 1977, as certified and adjusted by the commissioner, 35.10 increased by an amount equal to 2-1/2 percent of that district's 35.11 operating expenditures for the fiscal year for which the 35.12 statutory operating debt calculation is being made. 35.13 (b) When a district is no longer required to levy pursuant 35.14 to section 126C.42, subdivision 1, subdivision 2 is applicable. 35.15 Sec. 13. Minnesota Statutes 1998, section 123B.90, 35.16 subdivision 1, is amended to read: 35.17 Subdivision 1. [SCHOOL BUS SAFETY WEEK.] The third week of 35.18 school is designated as school bus safety week. 35.19A school board may designate one day of school bus safety35.20week as school bus driver day.35.21 Sec. 14. Minnesota Statutes 1999 Supplement, section 35.22 123B.90, subdivision 2, is amended to read: 35.23 Subd. 2. [STUDENT TRAINING.] (a) Each district and each 35.24 nonpublic school that has pupils transported by school bus 35.25 within the district's boundary at public expense must provide 35.26public schoolpupilsenrolledingradeskindergarten through 35.27 grade 10 with age-appropriate school bus safety training. The 35.28 trainingmust be results-oriented and shallmust consist of both 35.29 classroom instruction and practical training using a school 35.30 bus. Upon completing the training, a student shall be able to35.31demonstrate knowledge and understanding of at least the35.32following competencies and conceptsthat encompass at least the 35.33 following: 35.34 (1) transportation by school bus is a privilege and not a 35.35 right; 35.36 (2) district policies for student conduct and school bus 36.1 safety; 36.2 (3) appropriate conduct while on the school bus consistent 36.3 with school discipline policies; 36.4 (4) the danger zones surrounding a school bus; 36.5 (5) procedures for safely boarding and leaving a school 36.6 bus; 36.7 (6) procedures for safe street or road crossing; 36.8 (7) school bus evacuation and other emergency procedures; 36.9 and 36.10 (8) appropriate training on the use of lap belts or lap and 36.11 shoulder belts, if the district uses buses equipped with lap 36.12 belts or lap and shoulder belts. 36.13 (b)Each nonpublic school located within the district must36.14provide all nonpublic school pupils enrolled in grades36.15kindergarten through 10 who are transported by school bus at36.16public expense and attend school within the district's36.17boundaries with training as required in paragraph (a).The 36.18 school district shall make a bus available to the nonpublic 36.19 school for the practical training if the district transports the 36.20 nonpublic students. Each nonpublic school shall provide the 36.21 instruction. 36.22 (c)All students enrolled in grades kindergarten through 336.23who are transported by school bus and are enrolled during the36.24first or second week of school must demonstrate achievement of36.25the school bus safety training competencies by the end of the36.26third week of school. All students enrolled in grades 4 through36.2710 who are transported by school bus and are enrolled during the36.28first or second week of school must demonstrate achievement of36.29the competencies by the end of the sixth week of school.36.30Students enrolled in grades kindergarten through 10 who enroll36.31in a school after the second week of school and are transported36.32by school bus shall undergo school bus safety training and36.33demonstrate achievement of the school bus safety competencies36.34within four weeks of the first day of attendance. The pupil36.35transportation safety director in each district must certify to36.36the commissioner annually that all students transported by37.1school bus within the district have satisfactorily demonstrated37.2knowledge and understanding of the school bus safety37.3competencies according to this section or provide an explanation37.4for a student's failure to demonstrate the competencies. The37.5principal or other chief administrator of each nonpublic school37.6must certify annually to the public transportation safety37.7director of the district in which the school is located that all37.8of the school's students transported by school bus at public37.9expense have received training. A district may deny37.10transportation to a student who fails to demonstrate the37.11competencies, unless the student is unable to achieve the37.12competencies due to a disability, or to a student who attends a37.13nonpublic school that fails to provide training as required by37.14this subdivision.37.15(d) A district and a nonpublic school with students37.16transported by school bus at public expense must, to the extent37.17possible, provide kindergarten pupils with bus safety training37.18before the first day of school.37.19(e)A district and a nonpublic school with students 37.20 transported by school bus at public expense must also provide 37.21 student safety education for bicycling and pedestrian safety, 37.22 for students enrolled in grades kindergarten through 5. 37.23(f)(d) A district and a nonpublic school with students 37.24 transported by school bus at public expense must make reasonable 37.25 accommodations for the school bus, bicycle, and pedestrian 37.26 safety training of pupils known to speak English as a second 37.27 language and pupils with disabilities. 37.28 Sec. 15. Minnesota Statutes 1999 Supplement, section 37.29 123B.91, subdivision 1, is amended to read: 37.30 Subdivision 1. [COMPREHENSIVE POLICY.] Each district must 37.31 develop and implement a comprehensive, written policy governing 37.32 pupil transportation safety, including transportation of 37.33 nonpublic school students, when applicable. The policy shall, 37.34 at minimum, contain: 37.35 (1) provisions for appropriate student bus safety training 37.36 under section 123B.90; 38.1 (2) rules governing student conduct on school buses and in 38.2 school bus loading and unloading areas; 38.3 (3) a statement of parent or guardian responsibilities 38.4 relating to school bus safety; 38.5 (4) provisions for notifying students and parents or 38.6 guardians of their responsibilities and the rules, including the 38.7 district's seat belt policy, if applicable; 38.8 (5) an intradistrict system for reporting school bus 38.9 accidents or misconduct and a system for dealing with local law 38.10 enforcement officials in cases of criminal conduct on a school 38.11 bus; 38.12 (6) a discipline policy to address violations of school bus 38.13 safety rules, including procedures for revoking a student's bus 38.14 riding privileges in cases of serious or repeated misconduct; 38.15 (7) a system for integrating school bus misconduct records 38.16 with other discipline records; 38.17 (8) a statement of bus driver duties; 38.18 (9) planned expenditures for safety activities under 38.19 section 123B.89 and, where applicable, provisions governing bus 38.20 monitor qualifications, training, and duties; 38.21 (10) rules governing the use and maintenance of type III 38.22 vehicles, drivers of type III vehicles, qualifications to drive 38.23 a type III vehicle, qualifications for a type III vehicle and 38.24 the circumstances under which a student may be transported in a 38.25 type III vehicle; 38.26 (11) operating rules and procedures; 38.27 (12) provisions for annual bus driver in-service training 38.28 and evaluation; 38.29 (13) emergency procedures; 38.30 (14) a system for maintaining and inspecting equipment; 38.31 (15) requirements of the school district, if any, that 38.32 exceed state law minimum requirements for school bus operations; 38.33 and 38.34 (16) requirements for basic first aid training, which must 38.35 include the Heimlich maneuver and procedures for dealing with 38.36 obstructed airways, shock, bleeding, and seizures. 39.1Districts are encouraged to use the model policy developed39.2by the Minnesota school boards association, the department of39.3public safety, and the department of children, families, and39.4learning, as well as the current edition of the "National39.5Standards for School Buses and Operations" published by the39.6National Safety Council, in developing safety policies.Each 39.7 district shall review its policy annually and make appropriate 39.8 amendments, which must be submitted to the school bus safety39.9advisory committee within one month of approval by the school39.10board. 39.11 Sec. 16. [REPEALER.] 39.12 Minnesota Statutes 1998, sections 123B.02, subdivisions 5, 39.13 10, and 13; 123B.11; 123B.15; 123B.16; 123B.17; 123B.18; 39.14 123B.19; 123B.744; 123B.93; and 123B.95, subdivision 3; and 39.15 Minnesota Statutes 1999 Supplement, section 123B.02, subdivision 39.16 9, are repealed. 39.17 Sec. 17. [EFFECTIVE DATE.] 39.18 Sections 1 to 16 are effective for the 2000-2001 school 39.19 year and later. 39.20 ARTICLE 7 39.21 EDUCATION PROGRAMS 39.22 Section 1. Minnesota Statutes 1998, section 124D.02, 39.23 subdivision 1, is amended to read: 39.24 Subdivision 1. [KINDERGARTEN INSTRUCTION.] The boardmay39.25establish and maintain one or more kindergartens for the39.26instruction of children and after July 1, 1974,shall provide 39.27 kindergarten instruction for all eligible children, either in 39.28 the district or in another district. All children to be 39.29 eligible for kindergarten must be at least five years of age on 39.30 September 1 of the calendar year in which the school year 39.31 commences. In addition all children selected under an early39.32admissions policy established by the school board may be39.33admitted. Nothing in this section shall prohibit a school39.34district from establishing head start, prekindergarten, or39.35nursery school classes for children below kindergarten age, 39.36 consistent with section 120A.20, subdivision 1. Any school 40.1 board with evidence that providing kindergarten will cause an 40.2 extraordinary hardship on the school district may apply to the 40.3 commissioner of children, families, and learning for an 40.4 exception. 40.5 Sec. 2. Minnesota Statutes 1998, section 124D.03, 40.6 subdivision 3, is amended to read: 40.7 Subd. 3. [PUPIL APPLICATION PROCEDURES.] In order that a 40.8 pupil may attend a school or program in a nonresident district, 40.9 the pupil's parent or guardian must submit an application to the 40.10 nonresident district.Before submitting an application, the40.11pupil and the pupil's parent or guardian must explore with a40.12school guidance counselor, or other appropriate staff member40.13employed by the district the pupil is currently attending, the40.14pupil's academic or other reason for applying to enroll in a40.15nonresident district. The pupil's application must identify the40.16reason for enrolling in the nonresident district.The parent or 40.17 guardian of a pupil must submit an application by January 15 for 40.18 initial enrollment beginning the following school year. The 40.19 application must be on a form provided by the department of 40.20 children, families, and learning. A particular school or 40.21 program may be requested by the parent. Once enrolled in a 40.22 nonresident district, the pupil may remain enrolled and is not 40.23 required to submit annual or periodic applications. To return 40.24 to the resident district or to transfer to a different 40.25 nonresident district, the parent or guardian of the pupil must 40.26 provide notice to the resident district or apply to a different 40.27 nonresident district byJanuary 15March 1 for enrollment 40.28 beginning the following school year. Each district must accept 40.29 or reject an application it receives and notify the parent or 40.30 guardian in writing within 30 calendar days of receiving the 40.31 application. A notification of acceptance must include the date 40.32 enrollment can begin. Within ten days of receiving the 40.33 notification from the nonresident district, the parent or 40.34 guardian must inform the nonresident district whether the pupil 40.35 intends to enroll in the nonresident district. 40.36 Sec. 3. Minnesota Statutes 1998, section 124D.09, 41.1 subdivision 5, is amended to read: 41.2 Subd. 5. [AUTHORIZATION; NOTIFICATION.]Notwithstanding41.3any other law to the contrary,An 11th or 12th grade pupil 41.4 enrolled in a school or an American Indian-controlled tribal 41.5 contract or grant school eligible for aid under section 124D.83, 41.6 except a foreign exchange pupil enrolled in a district under a 41.7 cultural exchange program, may apply to an eligible institution, 41.8 as defined in subdivision 3, to enroll in nonsectarian courses 41.9 offered by that post-secondary institution. If an institution 41.10 accepts a secondary pupil for enrollment under this section, the 41.11 institution shall send written notice to the pupil, the pupil's 41.12 school or school district, and the commissioner within ten days 41.13 of acceptance. The notice must indicate the course and hours of 41.14 enrollment of that pupil. If the pupil enrolls in a course for 41.15 post-secondary credit, the institution must notify the pupil 41.16 about payment in the customary manner used by the institution. 41.17 Sec. 4. Minnesota Statutes 1998, section 124D.09, 41.18 subdivision 6, is amended to read: 41.19 Subd. 6. [COUNSELINGPARENTAL CONSENT.]To the extent41.20possible, the school or school district must provide counseling41.21services to pupils and their parents or guardian before the41.22pupils enroll in courses under this section to ensure that the41.23pupils and their parents or guardian are fully aware of the41.24risks and possible consequences of enrolling in post-secondary41.25courses. The school or school district must provide information41.26on the program including who may enroll, what institutions and41.27courses are eligible for participation, the decision-making41.28process for granting academic credits, financial arrangements41.29for tuition, books and materials, eligibility criteria for41.30transportation aid, available support services, the need to41.31arrange an appropriate schedule, consequences of failing or not41.32completing a course in which the pupil enrolls, the effect of41.33enrolling in this program on the pupil's ability to complete the41.34required high school graduation requirements, and the academic41.35and social responsibilities that must be assumed by the pupils41.36and their parents or guardian. The person providing counseling42.1shall encourage pupils and their parents or guardian to also use42.2available counseling services at the post-secondary institutions42.3before the quarter or semester of enrollment to ensure that42.4anticipated plans are appropriate.42.5 Prior to enrolling in a course, the pupil and the pupil's 42.6 parents or guardian must sign a form that must be provided by 42.7 the school or school district and may be obtained from a 42.8 post-secondary institution statingthat they have received the42.9information specified in this subdivision andthat they 42.10 understand the responsibilities that must be assumed in 42.11 enrolling in this program. The department must, upon request, 42.12 provide technical assistance to a school or school district in 42.13 developing appropriate forms and counseling guidelines. 42.14 Sec. 5. Minnesota Statutes 1998, section 124D.09, 42.15 subdivision 7, is amended to read: 42.16 Subd. 7. [DISSEMINATION OF INFORMATION; NOTIFICATION OF 42.17 INTENT TO ENROLL.] By March 1 of each year, a district must 42.18 provide general information about the program to all pupils in 42.19 grades 10 and 11.To assist the district in planning, a pupil42.20shall inform the district by March 30 of each year of the42.21pupil's intent to enroll in post-secondary courses during the42.22following school year. A pupil is not bound by notifying or not42.23notifying the district by March 30.42.24 Sec. 6. Minnesota Statutes 1998, section 124D.10, 42.25 subdivision 1, is amended to read: 42.26 Subdivision 1. [PURPOSESEXPECTED OUTCOMES.] (a) 42.27 Thepurpose of this section isexpected outcomes of a charter 42.28 school are to: 42.29 (1) improve pupil learning; 42.30 (2) increase learning opportunities for pupils; 42.31 (3) encourage the use of different and innovative teaching 42.32 methods; 42.33 (4) require the measurement of learning outcomes and create 42.34 different and innovative forms of measuring outcomes; 42.35 (5) establish new forms of accountability for schools; or 42.36 (6) create new professional opportunities for teachers, 43.1 including the opportunity to be responsible for the learning 43.2 program at the school site. 43.3 (b) This section does not provide a means to keep open a 43.4 school that otherwise would be closed. Applicants in these 43.5 circumstances bear the burden of proving that conversion to a 43.6 charter school fulfills a purpose specified in this subdivision, 43.7 independent of the school's closing. 43.8 Sec. 7. Minnesota Statutes 1999 Supplement, section 43.9 124D.10, subdivision 6, is amended to read: 43.10 Subd. 6. [CONTRACT.] The sponsor's authorization for a 43.11 charter school must be in the form of a written contract signed 43.12 by the sponsor and the board of directors of the charter 43.13 school. The contract must be completed within 90 days of the 43.14 commissioner's approval of the sponsor's proposed authorization. 43.15 The contract for a charter school must be in writing and contain 43.16 at least the following: 43.17 (1) a description of a program that carries out one or more 43.18 of thepurposesexpected outcomes in subdivision 1; 43.19 (2) specific outcomes pupils are to achieve under 43.20 subdivision 10; 43.21 (3) admission policies and procedures; 43.22 (4) management and administration of the school; 43.23 (5) requirements and procedures for program and financial 43.24 audits; 43.25 (6) how the school will comply with subdivisions 8, 13, 16, 43.26 and 23; 43.27 (7) assumption of liability by the charter school; 43.28 (8) types and amounts of insurance coverage to be obtained 43.29 by the charter school; 43.30 (9) the term of the contract, which may be up to three 43.31 years; and 43.32 (10) if the board of directors or the operators of the 43.33 charter school provide special instruction and services for 43.34 children with a disability under sections 125A.03 to 125A.24, 43.35 and 125A.65, a description of the financial parameters within 43.36 which the charter school will operate to provide the special 44.1 instruction and services to children with a disability. 44.2 Sec. 8. Minnesota Statutes 1999 Supplement, section 44.3 124D.10, subdivision 15, is amended to read: 44.4 Subd. 15. [REVIEW AND COMMENT.] The department must review 44.5 and comment on the evaluation, by thechartering school district44.6 sponsor, of the performance of a charter school before the 44.7 charter school's contract is renewed.The information from the44.8review and comment shall be reported to the commissioner of44.9children, families, and learning in a timely manner.44.10Periodically, the commissioner shall report trends or44.11suggestions based on the evaluation of charter school contracts44.12to the education committees of the state legislature.The 44.13 commissioner shall report annually to the house and senate 44.14 education policy committees on emerging issues affecting charter 44.15 schools, including common problems encountered by charter 44.16 schools, leasing information, sponsorship information, student 44.17 achievement and demographic enrollment data, and innovative and 44.18 best practices used in charter school programs. 44.19 Sec. 9. Minnesota Statutes 1998, section 124D.10, 44.20 subdivision 19, is amended to read: 44.21 Subd. 19. [DISSEMINATEAVAILABLE INFORMATION.] The 44.22sponsor, the operators, and thedepartment of children, 44.23 families, and learning, after consulting with charter school 44.24 sponsors and operators, mustdisseminatemake information 44.25 available to the public on how to form and operate a charter 44.26 school and how to utilize the offerings of a charter 44.27 school.Particular groups to be targeted include low-income44.28families and communities, and students of color.44.29 Sec. 10. Minnesota Statutes 1998, section 124D.115, 44.30 subdivision 3, is amended to read: 44.31 Subd. 3. [PROGRAM REIMBURSEMENT.] (a)State funds are44.32provided to reimburse school breakfasts.Each school year, the 44.33 state must reimburse schools in the amount of 5.1 cents for each 44.34 fully paid breakfast and for each free and reduced price 44.35 breakfast not eligible for the "severe need" rate. 44.36 (b) In addition to paragraph (a), each school year the 45.1 state must reimburse schools 10.5 cents for each free and 45.2 reduced price breakfast not eligible for the "severe need" rate 45.3 if between 33 and 40 percent of the school lunches served during 45.4 the second preceding school year were served free or at a 45.5 reduced price. 45.6 Sec. 11. Minnesota Statutes 1998, section 124D.118, 45.7 subdivision 2, is amended to read: 45.8 Subd. 2. [ESTABLISHMENT; SCHOOL PARTICIPATION.]Each45.9district in the state is encouraged to participate in the45.10state-supported school milk program for kindergartners.45.11 Participating districts must provide one serving of milk on each 45.12 school day to each kindergarten student attending a public or 45.13 nonpublic school in the district. No student is required to 45.14 accept the milk that is provided by the district. The program 45.15 must be promoted and operated under the direction of the 45.16 commissioner or the commissioner's designee. 45.17 Sec. 12. Minnesota Statutes 1998, section 124D.118, 45.18 subdivision 3, is amended to read: 45.19 Subd. 3. [PROGRAM GUIDELINES; DUTIES OFTHECOMMISSIONER.] 45.20 (a) The commissioner shall: 45.21 (1)encourage all districts to participate in the school45.22milk program for kindergartners;45.23(2) preparemaintain program guidelines, not subject to45.24chapter 14 until July 1, 1998,which will effectively and 45.25 efficiently distribute appropriated and donated money to 45.26 participating districts; and 45.27(3)(2) seek donations and matching funds from appropriate 45.28 private and public sources. 45.29 (b) Program guidelines may provide for disbursement to 45.30 districts through a mechanism of prepayments or by reimbursement 45.31 for approved program expenses. 45.32 Sec. 13. Minnesota Statutes 1999 Supplement, section 45.33 124D.121, is amended to read: 45.34 124D.121 [DEFINITION OF FLEXIBLE LEARNING YEAR PROGRAM.] 45.35 (a) "Flexible learning year program" means any district 45.36 plan approved by the commissioner that utilizes buildings and 46.1 facilities during the entire year or that provides forms of 46.2 optional scheduling of pupils and personnel during the learning 46.3 year in elementary and secondary schools or residential 46.4 facilities for children with a disability. 46.5 (b) An eligible district may operate a flexible learning 46.6 year program in one or more of the district's day or residential 46.7 facilities for children with a disability. 46.8 Sec. 14. Minnesota Statutes 1999 Supplement, section 46.9 124D.126, subdivision 1, is amended to read: 46.10 Subdivision 1. [POWERS AND DUTIES.] The commissioner must: 46.11 (1) not promulgate, amend, or repeal rules necessary to the 46.12 operation of sections 124D.12 to 124D.127 unless specifically 46.13 authorized to do so by enacted law; 46.14 (2) cooperate with and provide supervision of flexible 46.15 learning year programs to determine compliance with the 46.16 provisions of sections 124D.12 to 124D.127, the commissioner's 46.17 standards and qualifications, and the proposed program as 46.18 submitted and approved; 46.19 (3) provide any necessary adjustments of (a) attendance and 46.20 membership computations and (b) the dates and percentages of 46.21 apportionment of state aids; and 46.22 (4) consistent with the definition of "average daily 46.23 membership" in section 126C.05, subdivision 8, furnish the board 46.24 of a district implementing a flexible learning year program with 46.25 a formula for computing average daily membership. This formula 46.26 must be computed so that tax levies to be made by the district, 46.27 state aids to be received by the district, and any and all other 46.28 formulas based upon average daily membership are not affected 46.29 solely as a result of adopting this plan of instruction. 46.30 Sec. 15. Minnesota Statutes 1998, section 124D.128, 46.31 subdivision 1, is amended to read: 46.32 Subdivision 1. [PROGRAM ESTABLISHED.] A learning year 46.33 program provides instruction throughout the year. A pupil may 46.34 participate in the program and accelerate attainment of grade 46.35 level requirements or graduation requirements. A learning year 46.36 program may begin after the close of the regular school year in 47.1 June. The program may be for students in one or more grade 47.2 levels from kindergarten through grade 12. 47.3Students may participate in the program if they reside in:47.4(1) a district that has been designated a learning year47.5site under subdivision 2;47.6(2) a district that is a member of the same education47.7district as a site; or47.8(3) a district that participates in the same area learning47.9center program as a site.47.10 Sec. 16. Minnesota Statutes 1998, section 124D.34, 47.11 subdivision 4, is amended to read: 47.12 Subd. 4. [FOUNDATION PROGRAMS AND DUTIES.] The foundation 47.13 shall advance applied leadership and intracurricular vocational 47.14 learning experiences for students.These may include, but are47.15not limited to:47.16(1) recognition programs and awards for students47.17demonstrating excellence in applied leadership;47.18(2) summer programs for student leadership, career47.19development, applied academics, and mentorship programs with47.20business and industry;47.21(3) recognition programs for teachers, administrators, and47.22others who make outstanding contributions to school-to-work47.23programs;47.24(4) outreach programs to increase the involvement of urban47.25and suburban students;47.26(5) organized challenges requiring cooperation and47.27competition for secondary and post-secondary students;47.28(6) assistance and training to community teams to increase47.29career awareness and empowerment of youth as community leaders;47.30and47.31(7) assessment and activities in order to plan for and47.32implement continuous improvement.47.33To the extent possible, the foundation shall make these47.34programs available to students in all parts of the state.47.35 Sec. 17. Minnesota Statutes 1998, section 124D.35, is 47.36 amended to read: 48.1 124D.35 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.] 48.2The commissioner shall establishA youth entrepreneurship 48.3 education program toimprove the academic and entrepreneurial48.4skills of students and aid in their transition from school to48.5business creation. The program shall strengthen local economies48.6by creating jobs that enable citizens to remain in their48.7communities andteach youth to create businesses that combine 48.8 academic knowledge with entrepreneurial skills is established to 48.9 expose youth to business creation and to foster cooperation 48.10 among educators, economic development professionals, business 48.11 leaders, and representatives of labor. Assistance under this 48.12 section shall be available to new or existing student-operated 48.13 or school-operated businesses that have an educational purpose, 48.14 and provide service or products for customers or clients who do 48.15 not attend or work at the sponsoring school. The commissioner 48.16 may require an equal local match for assistance under this 48.17 section up to the maximum grant amount of $20,000. 48.18 Sec. 18. Minnesota Statutes 1998, section 124D.37, is 48.19 amended to read: 48.20 124D.37 [PURPOSEEXPECTED OUTCOMES OF THE MINNESOTA YOUTH 48.21 WORKS ACT.] 48.22 Thepurposesexpected outcomes of sections 124D.37 to 48.23 124D.45 are to: 48.24 (1)renew the ethic ofpromote civic responsibility in 48.25 Minnesota; 48.26 (2)empower youth toimprovetheir life opportunities48.27throughyouth literacy, job placement, and other essential life 48.28 skills; 48.29 (3)empower government to meet its responsibility to48.30 prepare young people to be contributing members of society; 48.31 (4)help meet human, educational, environmental, and public48.32safety needs, particularly those needs relating to poverty;48.33(5) prepare a citizenry that is academically competent,48.34ready for work, and socially responsible;48.35(6)demonstrate the connection between youth and meaningful 48.36 communityservice, community service and education, and49.1education and meaningful opportunities in the business community49.2 activities; 49.3(7) demonstrate the connection between providing49.4opportunities for at-risk youth and reducing crime rates and the49.5social costs of troubled youth;49.6(8)(5) create linkages for a comprehensive youth service 49.7 and learning program in Minnesotaincluding school age programs,49.8higher education programs, youth work programs, and service49.9corps programs; and 49.10(9)(6) coordinate federal and state activities that 49.11 advance the purposes in this section. 49.12 Sec. 19. Minnesota Statutes 1998, section 124D.40, 49.13 subdivision 2, is amended to read: 49.14 Subd. 2. [GRANT AUTHORITY.] The commissionand, beginning49.15January 1, 1997, the councilmust use any state appropriation 49.16 and any available federal funds, including any grant received 49.17 under federal law, to award grants to establish programs for 49.18 youth works meeting the requirements of section 124D.41. At 49.19 least one grant each must be available for a metropolitan 49.20 proposal, a rural proposal, and a statewide proposal. If a 49.21 portion of the suburban metropolitan area is not included in the 49.22 metropolitan grant proposal, the statewide grant proposal must 49.23 incorporate at least one suburban metropolitan area.In49.24awarding grants, the commission and, beginning January 1, 1997,49.25the council may select at least one residential proposal and one49.26nonresidential proposal, provided the proposals meet or exceed49.27the criteria in section 124D.41.49.28 Sec. 20. Minnesota Statutes 1998, section 124D.41, is 49.29 amended to read: 49.30 124D.41 [GRANT APPLICATIONS.] 49.31 Subdivision 1. [APPLICATIONS REQUIRED.] An organization 49.32 seeking federal or state grant money under sections 124D.39 to 49.33 124D.44 shall prepare and submit to the commissionand,49.34beginning January 1, 1997, the councilan application that meets 49.35 the requirementsof this sectiondeveloped by the commission. 49.36 The commissionand, beginning January 1, 1997, the councilmust 50.1 develop, and the applying organizations must comply with, the50.2form and manner of the applicationrequirements that meet the 50.3 expected outcomes in section 124D.37. 50.4 Subd. 2. [APPLICATION CONTENT.] An applicant on its 50.5 application must describe how it intends to meet the expected 50.6 outcomes under section 124D.37 and this subdivision, which 50.7 include: 50.8 (1)proposeproposing a program to provide participants the 50.9 opportunity to perform community service to meet specific unmet 50.10 community needs, and participate in classroom, work-based, and 50.11 service-learning; and 50.12 (2)assessassessing the community's unmet educational, 50.13 human, environmental, and public safety needs, the resources and 50.14 programs available for meeting those needs, and how young people 50.15 participated in assessing community needs;. 50.16(3) describe the educational component of the program,50.17including classroom hours per week, classroom time for50.18participants to reflect on the program experience, and50.19anticipated academic outcomes related to the service experience;50.20(4) describe the work to be performed, the ratio of youth50.21participants to crew leaders and mentors, and the expectations50.22and qualifications for crew leaders and mentors;50.23(5) describe local funds or resources available to meet the50.24match requirements of section 124D.44;50.25(6) describe any funds available for the program from50.26sources other than the requested grant;50.27(7) describe any agreements with local businesses to50.28provide participants with work-learning opportunities and50.29mentors;50.30(8) describe any agreement with local post-secondary50.31educational institutions to offer participants course credits50.32for their community service-learning experience;50.33(9) describe any agreement with a local high school or an50.34alternative learning center to provide remedial education,50.35credit for community service work and work-based learning, or50.36graduate equivalency degrees;51.1(10) describe any pay for service or other program delivery51.2mechanism that will provide reimbursement for benefits conferred51.3or recover costs of services participants perform;51.4(11) describe how local resources will be used to provide51.5support and assistance for participants to encourage them to51.6continue with the program, fulfill the terms of the contract,51.7and remain eligible for any postservice benefit;51.8(12) describe the arbitration mechanism for dispute51.9resolution required under section 124D.42, subdivision 2;51.10(13) describe involvement of community leaders in51.11developing broad-based support for the program;51.12(14) describe the consultation and sign-off process to be51.13used with any local labor organization representing employees in51.14the area engaged in work similar to that proposed for the51.15program to ensure that no current employees or available51.16employment positions will be displaced by program participants;51.17(15) certify to the commission and, beginning January 1,51.181997, the council, and to any certified bargaining51.19representatives representing employees of the applying51.20organization that the project will not decrease employment51.21opportunities that would be available without the project; will51.22not displace current employees including any partial51.23displacement in the form of reduced hours of work other than51.24overtime, wages, employment benefits, or regular seasonal work;51.25will not impair existing labor agreements; and will not result51.26in the substitution of project funding for preexisting funds or51.27sources of funds for ongoing work;51.28(16) describe the length of the required service period,51.29which may not be less than six months or more than two years, a51.30method to incorporate a participant's readiness to advance or51.31need for postservice financial assistance into individual51.32service requirements, and any opportunity for participating part51.33time or in another program;51.34(17) describe a program evaluation plan that contains51.35cost-effectiveness measures, measures of participant success51.36including educational accomplishments, job placements, community52.1contributions, and ongoing volunteer activities, outcome52.2measures based on a preprogram and postprogram survey of52.3community rates of arrest, incarceration, teenage pregnancy, and52.4other indicators of youth in trouble, and a list of local52.5resources dedicated to reducing these rates;52.6(18) describe a three-year financial plan for maintaining52.7the program;52.8(19) describe the role of local youth in developing all52.9aspects of the grant proposal; and52.10(20) describe the process by which the local private52.11industry council participated in, and reviewed the grant52.12application.52.13 Sec. 21. Minnesota Statutes 1998, section 124D.42, 52.14 subdivision 7, is amended to read: 52.15 Subd. 7. [TRAINING AND EDUCATION REQUIREMENTS.] Each 52.16 grantee organization must assess and work to enhance the 52.17 educational level of each entering participant.Each grantee52.18shall work to enhance the educational skills of each52.19participant. The commission and, beginning January 1, 1997, the52.20council may coordinate or contract with educational institutions52.21or other providers for educational services and evaluation.All 52.22 grantees shall give priority to educating and training 52.23 participants who do not have a high school diploma or its 52.24 equivalent, or who cannot afford post-secondary training and 52.25 education. 52.26 Sec. 22. Minnesota Statutes 1998, section 124D.46, 52.27 subdivision 1, is amended to read: 52.28 Subdivision 1. [GOALSESTABLISHMENT.]To better prepare52.29all learners to make transitions between education and52.30employment,A comprehensive education and employment transitions 52.31 system is established that is driven by multisector partnerships 52.32 and takesa lifelongan integrated approach to workforce 52.33 development. Thegoals of thestatewide education and 52.34 employment transitions systemareshall develop and implement 52.35 methods: 52.36 (1) to improve the skills learners need to achieve greater 53.1 levels of self-sufficiency through education, training, and 53.2 work; 53.3 (2) to improve work-related counseling and information 53.4 about career opportunities and vocational education programs 53.5 available to learners to facilitate workforce development; 53.6 (3) to integrate opportunities for work-based learning, 53.7 service-learning, and other applied learning methods into the 53.8elementary, secondary, and post-secondary curriculum andstate 53.9 and local graduation standards; 53.10 (4)to increase participation in employment opportunities53.11and demonstrate the relationship between education and53.12employment at the elementary, secondary, and post-secondary53.13education levels;53.14(5)to promote the efficient use of public and private 53.15 resources by coordinating elementary, secondary, and 53.16 post-secondary education with related government programs; 53.17(6)(5) to expand educational options available to all 53.18 learners through collaborative efforts between school districts, 53.19 post-secondary institutions, employers, organized labor, 53.20 workers, learners, parents, community-based organizations, and 53.21 other interested parties; 53.22(7)(6) to increase opportunities for women, minorities, 53.23 individuals with a disability, and at-risk learners to fully 53.24 participate in work-based learning; and 53.25(8) to establish performance standards for learners that53.26integrate state and local graduation standards and generally53.27recognized industry and occupational skill standards; and53.28(9)(7) to provide support systems including a unified 53.29 labor market information system; a centralized quality assurance 53.30 system with information on learner achievement, employer 53.31 satisfaction, and measurable system outcomes; a statewide 53.32 marketing system to promote the importance of lifework 53.33 development; a comprehensive professional development system for 53.34 public and private sector partners; and a comprehensive system 53.35 for providing technical support to local partnerships for 53.36 education and employment transitions. 54.1 Sec. 23. Minnesota Statutes 1998, section 124D.47, 54.2 subdivision 2, is amended to read: 54.3 Subd. 2. [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 54.4 comprehensive youth apprenticeship program must require 54.5 representatives of secondary and post-secondary school systems, 54.6 affected local businesses, industries, occupations and labor, as 54.7 well as the local community, to be actively and collaboratively 54.8 involved in advising and managing the program and ensuring, in 54.9 consultation with local private industry councils, that the 54.10 youth apprenticeship program meets local labor market demands, 54.11 provides student apprentices with the high skill training 54.12 necessary for career advancement, meets applicable state 54.13 graduation requirements and labor standards, pays apprentices 54.14 for their work and provides support services to program 54.15 participants. 54.16 (b) Local employers, collaborating with labor organizations 54.17 where appropriate, must assist the program by analyzing 54.18 workplace needs, creating work-related curriculum, employing and 54.19 adequately paying youth apprentices engaged in work-related 54.20 learning in the workplace, training youth apprentices to become 54.21 skilled in an occupation, providing student apprentices with a 54.22 workplace mentor, periodically informing the school of an 54.23 apprentice's progress, and making a reasonable effort to employ 54.24 youth apprentices who successfully complete the program. 54.25 (c) A student participating in a comprehensive youth 54.26 apprenticeship program must sign a youth apprenticeship 54.27 agreement with participating entities that obligates youth 54.28 apprentices, their parents or guardians, employers, and schools 54.29 to meet program requirements; indicates how academic54.30instruction, work-based learning, and worksite learning and54.31experience will be integrated; ensures that successful youth54.32apprentices will receive a recognized credential of academic and54.33occupational proficiency; and establishes the wage rate and54.34other benefits for which youth apprentices are eligible while54.35employed during the program. 54.36 (d) Secondary school principals, counselors, or business 55.1 mentors familiar with the education to employment transitions 55.2 system must inform entering secondary school students about 55.3 available occupational and career opportunities and the option 55.4 of entering a youth apprenticeship or other work-based learning 55.5 program to obtain post-secondary academic and occupational 55.6 credentials. 55.7 Sec. 24. Minnesota Statutes 1998, section 124D.49, 55.8 subdivision 3, is amended to read: 55.9 Subd. 3. [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS 55.10 SYSTEMS.] A local education and employment transitions 55.11 partnership must assess the needs of employers, employees, and 55.12 learners, and develop a plan for implementing and achieving the 55.13 objectives of a local or regional education and employment 55.14 transitions system. The plan must provide for a comprehensive 55.15 local system for assisting learners and workers in making the 55.16 transition from school to work or for retraining in a new 55.17 vocational area. Theobjectivesexpected outcomes of a local 55.18 education and employment transitions system include: 55.19 (1) increasing the effectiveness of the educational 55.20 programsand curriculum of elementary, secondary, and55.21post-secondary schoolsthat meet state and local graduation 55.22 standards andthe work site in preparingprepare students in the 55.23 skills and knowledge needed to be successful in the workplace; 55.24 (2) implementing learner outcomes for students in grades 55.25kindergarten7 through 12 designed to introduce the world of 55.26 work and to explore career opportunities, including 55.27 nontraditional career opportunities; 55.28 (3)eliminating barriers to providing effective integrated55.29applied learning, service-learning, or work-based curriculum;55.30(4) increasing opportunities to apply academic knowledge55.31and skills, including skills needed in the workplace, in local55.32settings which include the school, school-based enterprises,55.33post-secondary institutions, the workplace, and the community;55.34(5) increasing applied instruction in the attitudes and55.35skills essential for success in the workplace, including55.36cooperative working, leadership, problem-solving, and respect56.1for diversity;56.2(6)providing staff training for vocational guidance 56.3 counselors, teachers, and other appropriate staff in the 56.4 importance of preparing learners for the transition to work, and 56.5 in methods of providing instruction that incorporate applied 56.6 learning, work-based learning, and service-learning experiences; 56.7(7)(4) identifying and enlisting local and regional 56.8 employers who can effectively provide work-based or 56.9 service-learning opportunities, including, but not limited to, 56.10 apprenticeships, internships, and mentorships; 56.11(8)(5) recruiting community and workplace mentors 56.12 including peers, parents, employers and employed individuals 56.13 from the community, and employers of high school students; 56.14(9)(6) identifying current and emerging educational, 56.15 training, and employment needs of the area or region, especially 56.16 within industries with potential for job growth; 56.17(10)(7) improving the coordination and effectiveness of 56.18 local vocational and job training programs, including vocational 56.19 education, adult basic education, tech prep, apprenticeship, 56.20 service-learning, youth entrepreneur, youth training and 56.21 employment programs administered by the commissioner of economic 56.22 security, and local job training programs under the Job Training 56.23 Partnership Act, United States Code, title 29, section 1501, et 56.24 seq.; 56.25(11)(8) identifying and applying for federal, state, 56.26 local, and private sources of funding for vocational or applied 56.27 learning programs; 56.28(12)(9) providing students with current information and 56.29 counseling about career opportunities, potential employment, 56.30 educational opportunities in post-secondary institutions, 56.31 workplaces, and the community, and the skills and knowledge 56.32 necessary to succeed; 56.33(13)(10) providing educational technology, including 56.34 interactive television networks and other distance learning 56.35 methods, to ensure access to a broad variety of work-based 56.36 learning opportunities; and 57.1(14)(11) including students with disabilities in a 57.2 district's vocational or applied learning program and ways to 57.3 serve at-risk learners through collaboration with area learning 57.4 centers under sections 123A.05 to 123A.09, or other alternative 57.5 programs; and. 57.6(15) providing a warranty to employers, post-secondary57.7education programs, and other post-secondary training programs,57.8that learners successfully completing a high school work-based57.9or applied learning program will be able to apply the knowledge57.10and work skills included in the program outcomes or graduation57.11requirements. The warranty shall require education and training57.12programs to continue to work with those learners that need57.13additional skill development until they can demonstrate57.14achievement of the program outcomes or graduation requirements.57.15 Sec. 25. Minnesota Statutes 1998, section 124D.50, 57.16 subdivision 2, is amended to read: 57.17 Subd. 2. [SERVICE-LEARNING PROGRAMS DEVELOPED.] The 57.18 commissioner, in consultation with the commission, shall develop 57.19 a service-learningprogram curriculum that includes apolicy 57.20 framework and strategies for youth community service and an 57.21 infrastructure for mentoring youth. The commissioner shall 57.22 include in the curriculum at least the following: 57.23 (1) youth community service strategies that enable young 57.24 people to make significant contributions to the welfare of their 57.25 community through such organizations as schools, colleges, 57.26 government agencies, and community-based organizations or 57.27 through individual efforts; 57.28 (2) mentoring strategies that enable young people to be 57.29 matched with caring, responsible individuals who can encourage 57.30 and guide the young people in their personal growth and 57.31 development; 57.32 (3) guidelines, criteria, and procedures for community 57.33 service programs that incorporate the results of the study in 57.34 subdivision 1; and 57.35 (4) criteria for community service activities and 57.36 service-learning. 58.1 Sec. 26. Minnesota Statutes 1998, section 124D.50, 58.2 subdivision 3, is amended to read: 58.3 Subd. 3. [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 58.4 EDUCATION LEVEL.] The service-learningcurriculumframework must 58.5 accommodate students' grade level or the last completed grade 58.6 level of the participants not currently enrolled in school. 58.7 Schools must provide at least the following: 58.8 (1) for students in grades 7 to 9, an opportunity to learn 58.9 about service-learning activities and possible occupations; 58.10 (2) for students in grade 10, an opportunity to apply for 58.11 service-learning under section 124D.19 subdivision 10, and youth 58.12 apprenticeship programs; and 58.13 (3) for students in grades 11 and 12 and young people not 58.14 currently enrolled in school, an opportunity to become involved 58.15 in community service activities, participate in youth 58.16 apprenticeship programs, and, depending upon the individual's 58.17 demonstrated abilities, complete high school or pursue 58.18 post-secondary coursework. 58.19 Sec. 27. Minnesota Statutes 1998, section 124D.65, 58.20 subdivision 6, is amended to read: 58.21 Subd. 6. [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 58.22 counting the number of pupils of limited English proficiency for 58.23 purposes of this section, districts may include pupils of 58.24 limited English proficiency who attend nonpublic schools in the 58.25 district. A district which counts those pupils and receives aid 58.26 pursuant to this section must offer those pupils the same 58.27 programs on the same terms that it offers to pupils of limited 58.28 English proficiency who attend the public school. A program 58.29 provided for a nonpublic school pupil pursuant to this 58.30 subdivision must be provided at a public schoolor, a neutral 58.31 site as defined in section 123B.41, subdivision 13, the 58.32 nonpublic school, or any other suitable location. The school 58.33 district must make the final decision on the location of these 58.34 services. Nonpublic school pupils served by a district's 58.35 educational program for pupils of limited English proficiency 58.36 must be counted for average daily membership pursuant to 59.1 sections 126C.01, subdivisions 6 to 8, and 126C.19, subdivisions 59.2 1 to 4. 59.3 Sec. 28. Minnesota Statutes 1998, section 124D.892, is 59.4 amended to read: 59.5 124D.892 [OFFICE OFDESEGREGATION/INTEGRATION.] 59.6 Subdivision 1. [ESTABLISHMENT.] (a)An office of59.7desegregation/integration is established inThedepartment59.8 commissioner of children, families, and learningtomust 59.9 coordinate and support activities related to student enrollment, 59.10 student and staff recruitment and retention, transportation, and 59.11 interdistrict cooperation amongmetropolitanschool districts. 59.12 (b) At the request of ametropolitanschool district 59.13 involved in cooperative desegregation/integration efforts, the 59.14officecommissioner shall perform any of the following 59.15 activities: 59.16 (1) assist districts with interdistrict student transfers, 59.17 including student recruitment, counseling, placement, and 59.18 transportation; 59.19 (2) coordinate and disseminate information about schools 59.20 and programs; 59.21 (3) assist districts with new magnet schools and programs; 59.22 (4) assist districts in providing staff development and 59.23 in-service training; and 59.24 (5) coordinate and administer staff exchanges. 59.25 (c) Theofficecommissioner shall collect data on the 59.26 efficacy of districts' desegregation/integration efforts and 59.27 make recommendations based on the data. Theofficecommissioner 59.28 shall periodically consult with the metropolitan council to 59.29 coordinate school desegregation/integration efforts with the 59.30 housing, social, economic, and infrastructure needs of the 59.31 metropolitan area. Theofficecommissioner shall develop a 59.32 process for resolving students' disputes and grievances about 59.33 student transfers under a desegregation/integration plan. 59.34 Subd. 2. [COORDINATION.] The commissioner may request 59.35 information or assistance from, or contract with, any state or 59.36 local agency or officer, local unit of government, or recognized 60.1 expert to assist the commissioner in performing the activities 60.2 described in subdivision 1. 60.3 Subd. 3. [ADVISORY BOARD.] The commissioner shall 60.4 establish an advisory board composed of: 60.5 (1) eight superintendents, each of whom shall be selected 60.6 by the superintendents of the school districts located in whole 60.7 or in part within each of the eight metropolitan districts 60.8 established under section 473.123, subdivision 3c; and 60.9 (2) one person each selected by the Indian affairs council, 60.10 the council on Asian-Pacific Minnesotans, the council on Black 60.11 Minnesotans, and the council on affairs of Chicano/Latino people. 60.12 The advisory board shall advise theofficecommissioner on 60.13 complying with the requirements under subdivision 1. The 60.14 advisory board may solicit comments from teachers, parents, 60.15 students, and interested community organizations and others. 60.16 Sec. 29. Minnesota Statutes 1999 Supplement, section 60.17 124D.94, subdivision 2, is amended to read: 60.18 Subd. 2. [CREATION OF FOUNDATION.] There is created the 60.19 Minnesota academic excellence foundation. Thepurpose of the60.20 foundation shallbe topromote academic excellence in Minnesota 60.21 public and nonpublic schools and communities through 60.22 public-private partnerships. The foundation shall be a 60.23 nonprofit organization. The board of directors of the 60.24 foundation and foundation activities are under the direction of 60.25 the commissioner of children, families, and learning. 60.26 Sec. 30. Minnesota Statutes 1998, section 124D.94, 60.27 subdivision 4, is amended to read: 60.28 Subd. 4. [FOUNDATION PROGRAMS.] The foundationmayshall 60.29 develop programs that advance the concept of educational 60.30 excellence in Minnesota public and nonpublic schools and 60.31 communities through public-private partnerships.These may60.32include, but are not limited to:60.33(a) recognition programs and awards for students60.34demonstrating academic excellence;60.35(b) summer institute programs for students with special60.36talents;61.1(c) recognition programs for teachers, administrators, and61.2others who contribute to academic excellence;61.3(d) summer mentorship programs with business and industry61.4for students with special career interests and high academic61.5achievements;61.6(e) governor's awards ceremonies and special campaigns to61.7promote awareness and expectation for academic achievement;61.8(f) an academic league to provide organized challenges61.9requiring cooperation and competition for public and nonpublic61.10pupils in elementary and secondary schools;61.11(g) systemic transformation initiatives and assistance and61.12training to community teams to increase school performance in61.13the state's education institutions through strategic quality61.14planning for continuous improvement, empowerment of multiple61.15stakeholders, validation of results via customer-supplier61.16relationships, and a total system approach based on best61.17practices in key process areas; and61.18(h) activities to measure customer satisfaction for61.19delivery of services to education institutions in order to plan61.20for and implement continuous improvement.61.21To the extent possible, the foundation shall make these61.22programs available to students in all parts of the state.61.23 Sec. 31. [REVISOR INSTRUCTION.] 61.24 In the next and subsequent editions of Minnesota Statutes 61.25 and Minnesota Rules, the revisor of statutes shall renumber each 61.26 section of Minnesota Statutes in column A with the number in 61.27 column B. The revisor shall also make necessary cross-reference 61.28 changes consistent with the renumbering. 61.29 Column A Column B 61.30 61.31 124D.35 124D.46, subd. 5 61.32 61.33 124D.46, subd. 4 268.665, subd. 7 61.34 61.35 124D.47, subd. 2 124D.46, subd. 6 61.36 Sec. 32. [REPEALER.] 61.37 Minnesota Statutes 1998, sections 124D.02, subdivision 4; 61.38 124D.06; 124D.07; 124D.081, subdivision 1; 124D.118, subdivision 61.39 1; 124D.124; 124D.125, subdivisions 1, 2, 4, and 5; 124D.28; 62.1 124D.29; 124D.30; 124D.31; 124D.47, subdivision 1; 124D.91; 62.2 124D.92; and 124D.93, subdivisions 2, 3, and 6; and Minnesota 62.3 Statutes 1999 Supplement, sections 124D.122; 124D.127; and 62.4 124D.93, subdivisions 1, 4, and 5, are repealed. 62.5 Sec. 33. [EFFECTIVE DATE.] 62.6 Sections 1 to 32 are effective for the 2000-2001 school 62.7 year and later. 62.8 ARTICLE 8 62.9 EDUCATION AND TECHNOLOGY 62.10 Section 1. Minnesota Statutes 1998, section 125B.05, as 62.11 amended by Laws 1999, chapter 241, article 5, section 15, is 62.12 amended to read: 62.13 125B.05 [STATE INFORMATION SYSTEM.] 62.14 Subdivision 1. [INFORMATION SYSTEM.] The department of 62.15 children, families, and learning shall develop and maintaina62.16computerizedan information system for state information needs. 62.17 Subd. 2. [PURPOSES.] The purposes of thecomputerized62.18 information system shall be: 62.19 (a) To provide comparable and accurate educational 62.20 information in a manner which is timely and economical; 62.21 (b) To ensure accountability for state appropriations; 62.22 (c) To collect data to assess the needs of learners and 62.23 children; 62.24 (d) To provide school districts with an educational 62.25 information system capability which will meet school district 62.26 management needs; and 62.27 (e) To provide forcomputerizedanalysis of educational 62.28 information to meet the management needs of the state of 62.29 Minnesota. 62.30 Subd. 3. [SOFTWARE DEVELOPMENT.] A school district, 62.31 charter school, or cooperative unit may not implement a 62.32 financial, student, or staff software system until the system 62.33 has been reviewed by the department to ensure that it provides 62.34 the required data elements and format. 62.35 Sec. 2. Minnesota Statutes 1999 Supplement, section 62.36 125B.20, is amended to read: 63.1 125B.20 [TELECOMMUNICATION ACCESS GRANT AND STATEWIDE 63.2 COORDINATION.] 63.3 Subdivision 1. [ESTABLISHMENT;PURPOSEOUTCOMES.]The63.4purpose of developing a statewide school district63.5telecommunications network is to expand the availability of a63.6broad range of courses and degrees to students throughout the63.7state, to share information resources to improve access,63.8quality, and efficiency, to improve learning, and distance63.9cooperative learning opportunities, and to promote the exchange63.10of ideas among students, parents, teachers, media generalists,63.11librarians, and the public. In addition, through the63.12development of this statewide telecommunications network63.13emphasizing cost-effective, competitive connections, all63.14Minnesotans will benefit by enhancing access to63.15telecommunications technology throughout the state. Network63.16connections for school districts and public libraries are63.17coordinated and fully integrated into the existing state63.18telecommunications and interactive television networks to63.19achieve comprehensive and efficient interconnectivity of school63.20districts and libraries to higher education institutions, state63.21agencies, other governmental units, agencies, and institutions63.22throughout Minnesota.Expanding the ranges of courses available 63.23 to students throughout the state is the expected outcome of 63.24 developing a statewide telecommunications network. A school 63.25 district may apply to the commissioner for a grant under 63.26 subdivision 2, and a regional public library may apply under 63.27 subdivision 3. The Minnesota education telecommunications 63.28 council established in Laws 1995, First Special Session chapter 63.29 3, article 12, section 7, shall establish priorities for 63.30 awarding grants, making grant awards, and being responsible for 63.31 the coordination of networks. 63.32 Subd. 2. [SCHOOL DISTRICT TELECOMMUNICATIONS GRANT.] (a) 63.33 Priority will be given to a school district that has not 63.34 received access to interactive video, data connection, or both 63.35 under the telecommunications access grant program. Districts 63.36 may apply for a grant under this subdivision to: (1) establish 64.1 connections among school districts, and between school districts 64.2 and the state information infrastructure administered by the 64.3 department of administration under section 16B.465; or (2) if 64.4 such a connection meeting minimum electronic connectivity 64.5 standards is already established, enhance telecommunications 64.6 capacity for a school district. A district may submit a grant 64.7 application for interactive television with higher capacity 64.8 connections in order to maintain multiple simultaneous 64.9 connections.To ensure coordination among school districts, a64.10school district must submit its grant application to the council64.11through the telecommunications access grant cluster of which the64.12district is a member.64.13(b)The application from a school district must, at a 64.14 minimum, contain information to document for each applicant 64.15 school district the following: 64.16 (1) that the proposed connection meets the minimum 64.17 standards and employs an open network architecture that will 64.18 ensure interconnectivity and interoperability with other 64.19 education institutions and libraries; 64.20 (2) that the proposed connection and system will be 64.21 connected to the state information infrastructure through the 64.22 department of administration under section 16B.465; 64.23 (3) that the proposed connection and system will be 64.24 connected to the higher education telecommunication network and 64.25 that a governance agreement has been adopted which includes 64.26 agreements between the school district system, a higher 64.27 education regional council, libraries, and coordinating 64.28 entities; 64.29 (4) the telecommunication vendor selected to provide 64.30 service from the district to a state information infrastructure 64.31 hub or to a more cost-effective connection point to the state 64.32 information infrastructure; and 64.33 (5) other information, as determined by the commissioner in 64.34 consultation with the education telecommunications council, to 64.35 ensure that connections are coordinated, meet state standards 64.36 and are cost-effective, and that service is provided in an 65.1 efficient and cost-effective manner. 65.2(c) A school district may include, in its grant65.3application, telecommunications access for collaboration with65.4nonprofit arts organizations for the purpose of educational65.5programs, or access for a secondary media center that: (1) is a65.6member of a multitype library system; (2) is open during periods65.7of the year when classroom instruction is occurring; and (3) has65.8licensed school media staff on site.65.9(d)(b) The Minnesota education telecommunications council 65.10 shall award grants and the funds shall be dispersed by the 65.11 commissioner. Grant applications must be submitted to the 65.12 commissioner by a telecommunications access grant cluster 65.13 organization. For the purposes of the grant, a school district 65.14 may include a charter school under section 124D.10, or the 65.15 Minnesota state academies. Based on the award made by the 65.16 council, all grants under this subdivision shall be paid by the 65.17 commissioner directly to a school district (unless this 65.18 application requests that the funds be paid to the coordinating 65.19 agency). Nonpublic schools as defined in section 237.065, 65.20 subdivision 2, located within the district may access the 65.21 network. The nonpublic school is responsible for actual costs 65.22 for connection from the school to the access site. 65.23(e)(d) Money awarded under this section may be used only 65.24 for the purposes explicitly stated in the grant application. 65.25 Subd. 3. [REGIONAL LIBRARY TELECOMMUNICATION GRANT.] (a) A 65.26 regional public library system may apply for a telecommunication 65.27 access grant. Priority will be given to public libraries that 65.28 have not received access to data connection under the 65.29 telecommunications access grant program. The grant must be used 65.30 to create or expand the capacity of electronic data access and 65.31 connect the library system with the state information 65.32 infrastructure administered by the department of administration 65.33 under section 16B.465. To be eligible for a telecommunications 65.34 access grant, a regional public library system must meet the 65.35 level of local support required under section 134.34. 65.36 (b) Any grant award under this subdivision may not be used 66.1 to substitute for any existing local funds allocated to provide 66.2 electronic access, or equipment for library staff or the public, 66.3 or local funds previously dedicated to other library operations. 66.4 (c) An application for a regional public library 66.5 telecommunications access grant must, at a minimum, contain 66.6 information to document the following: 66.7 (1) that the connection meets the minimum standards and 66.8 employs an open network architecture that will ensure 66.9 interconnectivity and interoperability with other libraries and 66.10 the educational system; 66.11 (2) that the connection is being established through the 66.12 most cost-effective means and that the public library has 66.13 explored and coordinated connections through school districts or 66.14 other governmental agencies; 66.15 (3) that the proposed connection and system will be 66.16 connected to the state information infrastructure through the 66.17 department of administration under section 16B.465; 66.18 (4) that the proposed connection and system will be 66.19 connected to the higher education and to the school district 66.20 telecommunication networks subject to a governance agreement 66.21 with one or more school districts and a higher education 66.22 regional council specifying how the system will be coordinated; 66.23 (5) the telecommunication vendor selected to provide 66.24 service from the library to a state information infrastructure 66.25 hub or through a more cost-effective connection point to the 66.26 state information infrastructure; and 66.27 (6) other information, as determined by the commissioner, 66.28 to ensure that connections are coordinated, meet state 66.29 standards, are cost-effective, and that service is provided in 66.30 an efficient and cost-effective manner so that libraries 66.31 throughout the state are connected in as seamless a manner as 66.32 technically possible. 66.33 Subd. 4. [AWARD OF GRANTS.] The council shall develop 66.34 application forms and procedures for telecommunication access 66.35 grants. The council shall select the grant recipientand shall66.36promptly notify any applicant that is found not to be67.1qualified. The commissioner shall make the grant payments 67.2 directly to the school district or regional library system. At 67.3 the request of the district or regional library system, the 67.4 commissioner may make the grant payment directly to the 67.5 coordinating organization. 67.6 Subd. 5. [E-RATES.] The telecommunication access grant 67.7 clusters are required to file e-rate applications for 67.8 telecommunication access grant-related expenditures on behalf of 67.9 grant participants in their clusters. Discounts received on 67.10 telecommunication access grant expenditures shall be used to 67.11 offset or reduce operations funding provided by the state. 67.12 Sec. 3. [REPEALER.] 67.13 Minnesota Statutes 1998, section 125B.02, is repealed. 67.14 Sec. 4. [EFFECTIVE DATE.] 67.15 Sections 1 to 3 are effective for the 2000-2001 school year 67.16 and later. 67.17 ARTICLE 9 67.18 EDUCATION FUNDING 67.19 Section 1. Minnesota Statutes 1999 Supplement, section 67.20 126C.05, subdivision 1, is amended to read: 67.21 Subdivision 1. [PUPIL UNIT.] Pupil units for each 67.22 Minnesota resident pupil in average daily membership enrolled in 67.23 the district of residence, in another district under sections 67.24 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 67.25 124D.68; in a charter school under section 124D.10; or for whom 67.26 the resident district pays tuition under section 123A.18, 67.27 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 67.28 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 67.29 125A.65, shall be counted according to this subdivision. A 67.30 district may not count a person, other than a person enrolled in 67.31 the graduation incentives program under section 124D.68, who is 67.32 over the age of 21 or who has graduated from high school and is 67.33 enrolled as a part-time student in a class or program as a pupil 67.34 unit. 67.35 (a) A prekindergarten pupil with a disability who is 67.36 enrolled in a program approved by the commissioner and has an 68.1 individual education plan is counted as the ratio of the number 68.2 of hours of assessment and education service to 825 times 1.25 68.3 with a minimum of 0.28, but not more than 1.25. 68.4 (b) A prekindergarten pupil who is assessed but determined 68.5 not to be handicapped is counted as the ratio of the number of 68.6 hours of assessment service to 825 times 1.25. 68.7 (c) A kindergarten pupil with a disability who is enrolled 68.8 in a program approved by the commissioner is counted as the 68.9 ratio of the number of hours of assessment and education 68.10 services required in the fiscal year by the pupil's individual 68.11 education program plan to 875, but not more than one. 68.12 (d) A kindergarten pupil who is not included in paragraph 68.13 (c) is counted as .557 of a pupil unit for fiscal year 2000 and 68.14 thereafter. 68.15 (e) A pupil who is in any of grades 1 to 3 is counted as 68.16 1.115 pupil units for fiscal year 2000 and thereafter. 68.17 (f) A pupil who is any of grades 4 to 6 is counted as 1.06 68.18 pupil units for fiscal year 1995 and thereafter. 68.19 (g) A pupil who is in any of grades 7 to 12 is counted as 68.20 1.3 pupil units. 68.21 (h) A pupil who is in the post-secondary enrollment options 68.22 program is counted as 1.3 pupil units. 68.23 Sec. 2. Minnesota Statutes 1998, section 126C.31, is 68.24 amended to read: 68.25 126C.31 [POLICY.] 68.26Financing the education of our children is one of state68.27government's most important functions. In performing this68.28function, the state seeks to provide sufficient funding while68.29encouraging equity, accountability, and incentives toward68.30quality improvement. To help achieve these goals and to help68.31control future spending growth,The state will fund core 68.32 instruction and related support services,will facilitate68.33improvement in the quality and delivery of programs and services68.34 encourage equity and accountability, andwillequalize revenues 68.35 raised locally for discretionary purposes. 68.36 Sec. 3. [REPEALER.] 69.1 Minnesota Statutes 1998, section 124D.68, subdivision 8, is 69.2 repealed. 69.3 Sec. 4. [EFFECTIVE DATE.] 69.4 Sections 1 to 3 are effective for the 2000-2001 school year 69.5 and later. 69.6 ARTICLE 10 69.7 STATE ADMINISTRATION OF EDUCATION 69.8 Section 1. Minnesota Statutes 1999 Supplement, section 69.9 127A.05, subdivision 1, is amended to read: 69.10 Subdivision 1. [APPOINTMENT AND DUTIES.] The department 69.11 shall be under the administrative control of the commissioner of 69.12 children, families, and learning which office is established. 69.13 The governor shall appoint the commissioner under the provisions 69.14 of section 15.06. 69.15 The commissioner shall be a person who possesses 69.16 educational attainment and breadth of experience in the 69.17 administration of public education and of the finances 69.18 pertaining thereto commensurate with the spirit and intent of 69.19 this code. Notwithstanding any other law to the contrary, the 69.20 commissioner may appointtwoone or more deputy commissioners 69.21 who shall serve in the unclassified service. The commissioner 69.22 shall also appoint other employees as may be necessary for the 69.23 organization of the department. The commissioner shall perform 69.24 such duties as the law and rules may provide and be held 69.25 responsible for the efficient administration and discipline of 69.26 the department. The commissioner is charged with the execution 69.27 of powers and duties to promote public education in the state 69.28 and to safeguard the finances pertaining thereto. 69.29 Sec. 2. Minnesota Statutes 1998, section 127A.05, 69.30 subdivision 3, is amended to read: 69.31 Subd. 3. [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 69.32 EDUCATIONAL AGENCIES.] The commissioner of children, families, 69.33 and learning shalladopt goals for andexercise general 69.34 supervision over public schools and other public educational 69.35 agencies in the state, classify and standardize public69.36elementary and secondary schools, and prepare for them outlines70.1and suggested courses of study. The commissioner shall develop70.2a plan to attain the adopted goals. The commissioner may 70.3 recognize educational accrediting agencies for the sole purposes 70.4 of sections 120A.22, 120A.24, and 120A.26. 70.5 Sec. 3. Minnesota Statutes 1998, section 127A.06, is 70.6 amended to read: 70.7 127A.06 [RECOMMENDATIONS; BUDGET.] 70.8The commissioner of children, families, and learning shall70.9recommend to the governor and legislature such modification and70.10unification of laws relating to the state system of education as70.11shall make those laws more readily understood and more effective70.12in execution.The commissioner of children, families, and 70.13 learning shall prepare a biennial education budget which shall 70.14 be submitted to the governor and legislature, such budget to 70.15 contain a complete statement of finances pertaining to the 70.16maintenanceoperations of the state department and to the 70.17 distribution of state aid. 70.18 Sec. 4. Minnesota Statutes 1998, section 127A.41, 70.19 subdivision 7, is amended to read: 70.20 Subd. 7. [SCHEDULE ADJUSTMENTS.](a) It is the intention70.21of the legislature to encourage efficient and effective use of70.22staff and facilities by districts. Districts are encouraged to70.23consider both cost and energy saving measures.70.24(b)Any district operating a program pursuant to sections 70.25 124D.12 to 124D.127, 124D.128, or 124D.25 to 124D.29, or 70.26 operating a commissioner-designated area learning center program 70.27 under section 123A.09, or that otherwise receives the approval 70.28 of the commissioner to operate its instructional program to 70.29 avoid an aid reduction in any year, may adjust the annual school 70.30 schedule for that program throughout the calendar year. 70.31 Sec. 5. [REPEALER.] 70.32 Minnesota Statutes 1998, section 127A.41, subdivision 4, is 70.33 repealed. 70.34 Sec. 6. [EFFECTIVE DATE.] 70.35 Sections 1 to 5 are effective for the 2000-2001 school year 70.36 and later. 71.1 ARTICLE 11 71.2 ARTS SCHOOL 71.3 Section 1. Minnesota Statutes 1999 Supplement, section 71.4 129C.10, subdivision 3, is amended to read: 71.5 Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has 71.6 the powers necessary for the care, management, and control of 71.7 the Perpich center for arts education and all its real and 71.8 personal property. The powers shall include, but are not 71.9 limited to, those listed in this subdivision. 71.10 (b) The board may employ and discharge necessary employees, 71.11 and contract for other services to ensure the efficient 71.12 operation of the center for arts education. 71.13 (c) The board may receive and award grants. The board may 71.14 establish a charitable foundation and accept, in trust or 71.15 otherwise, any gift, grant, bequest, or devise for educational 71.16 purposes and hold, manage, invest, and dispose of them and the 71.17 proceeds and income of them according to the terms and 71.18 conditions of the gift, grant, bequest, or devise and its 71.19 acceptance. The board must adopt internal procedures to 71.20 administer and monitor aids and grants. 71.21 (d)The board may establish or coordinate evening,71.22continuing education, extension, and summer programs for71.23teachers and pupils.71.24(e) The board may identify pupils who have artistic talent,71.25either demonstrated or potential, in dance, literary arts, media71.26arts, music, theater, and visual arts, or in more than one art71.27form.71.28(f)The board must educate pupils with artistic talent by 71.29 providing: 71.30 (1) an interdisciplinary academic and arts program for 71.31 pupils in the 11th and 12th grades. The total number of pupils 71.32 accepted under this clauseand clause (2)shall not exceed 300; 71.33 (2)additional instruction to pupils for a 13th grade.71.34Pupils eligible for this instruction are those enrolled in 12th71.35grade who need extra instruction and who apply to the board, or71.36pupils enrolled in the 12th grade who do not meet learner72.1outcomes established by the board;72.2(3)intensive arts seminarsfor one or two weeksfor pupils 72.3 in grades 9 to 12; 72.4(4)(3) summer arts institutes for pupils in grades 9 to 72.5 12; 72.6(5)(4) artist mentor and extension programs in regional 72.7 sites; and 72.8(6)(5) teacher education programsfor indirect curriculum72.9delivery. 72.10(g) The board may determine the location for the Perpich72.11center for arts education and any additional facilities related72.12to the center, including the authority to lease a temporary72.13facility.72.14(h)(e) The board must plan for the enrollment of pupils on 72.15 an equal basis from each congressional district. 72.16(i) The board may establish task forces as needed to advise72.17the board on policies and issues. The task forces expire as72.18provided in section 15.059, subdivision 6.72.19(j) The board may request the commissioner of children,72.20families, and learning for assistance and services.72.21(k)(f) The board may enter into contracts with other 72.22 public and private agencies and institutions for residential and 72.23 building maintenance services if it determines that these 72.24 services could be provided more efficiently and less expensively 72.25 by a contractor than by the board itself. The board may also 72.26 enter into contracts with public or private agencies and 72.27 institutions, school districts or combinations of school 72.28 districts, or service cooperatives to provide supplemental 72.29 educational instruction and services. 72.30(l)(g) The board may provide or contract for services and 72.31 programs by and for the center for arts education, including a 72.32 store, operating in connection with the center; theatrical 72.33 events; and other programs and services that, in the 72.34 determination of the board, serve the purposes of the center. 72.35(m)(h) The board may provide for transportation of pupils 72.36 to and from the center for arts education for all or part of the 73.1 school year, as the board considers advisable and subject to its73.2rules. Notwithstanding any other law to the contrary,and the 73.3 board may charge a reasonable fee for transportation of pupils. 73.4 Every driver providing transportation of pupils under this 73.5 paragraph must possess all qualifications required by the 73.6 commissioner of children, families, and learning. The board may 73.7 contract for furnishing authorized transportation under rules 73.8 established by the commissioner of children, families, and 73.9 learning and may purchase and furnish gasoline to a contract 73.10 carrier for use in the performance of a contract with the board 73.11 for transportation of pupils to and from the center for arts 73.12 education. When transportation is provided, scheduling of 73.13 routes, establishment of the location of bus stops, the manner 73.14 and method of transportation, the control and discipline of 73.15 pupils, and any other related matter is within the sole 73.16 discretion, control, and management of the board. 73.17(n)(i) The board may provide room and board for its pupils. 73.18 If the board provides room and board, it shall charge a 73.19 reasonable fee for the room and board. The fee is not subject 73.20 to chapter 14 and is not a prohibited fee according to sections 73.21 123B.34 to 123B.39. 73.22(o)(j) The board may establish and set fees for services 73.23 and programs. If the board sets fees not authorized or 73.24 prohibited by the Minnesota public school fee law, it may do so 73.25 without complying with the requirements of section 123B.38. 73.26(p)(k) The board may apply for all competitive grants 73.27 administered by agencies of the state and other government or 73.28 nongovernment sources. 73.29 Sec. 2. [EFFECTIVE DATE.] 73.30 Section 1 is effective for the 2000-2001 school year.