as introduced - 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.53; 1.11 122A.68, subdivisions 1 and 7; 122A.69; 122A.70, 1.12 subdivision 2; 122A.91; 122A.92; 123B.02, subdivision 1.13 1; 123B.04, subdivisions 2 and 5; 123B.143, 1.14 subdivision 1; 123B.147, as amended; 123B.49, 1.15 subdivision 1; 123B.51, subdivisions 1 and 5; 123B.83, 1.16 subdivision 1; 123B.90, subdivision 1; 124D.02, 1.17 subdivision 1; 124D.03, subdivision 3; 124D.09, 1.18 subdivisions 5, 6, and 7; 124D.10, subdivisions 1 and 1.19 19; 124D.115, subdivision 3; 124D.118, subdivisions 2 1.20 and 3; 124D.128, subdivision 1; 124D.28, subdivision 1.21 1; 124D.34, subdivision 4; 124D.35; 124D.37; 124D.40, 1.22 subdivision 2; 124D.41; 124D.42, subdivision 7; 1.23 124D.46, subdivision 1; 124D.47, subdivision 2; 1.24 124D.49, subdivision 3; 124D.50, subdivisions 2 and 3; 1.25 124D.65, subdivision 6; 124D.74, subdivision 1; 1.26 124D.892; 124D.94, subdivision 4; 125B.05, as amended; 1.27 126C.31; 127A.05, subdivision 3; 127A.06; and 127A.41, 1.28 subdivision 7; Minnesota Statutes 1999 Supplement, 1.29 sections 122A.40, subdivision 5; 122A.58, subdivision 1.30 1; 122A.60, subdivision 1; 123A.06, subdivision 1; 1.31 123B.36, subdivision 1; 123B.43; 123B.49, subdivision 1.32 4; 123B.90, subdivision 2; 123B.91, subdivision 1; 1.33 124D.10, subdivisions 6 and 15; 124D.121; 124D.94, 1.34 subdivision 2; 125B.20; 126C.05, subdivision 1; 1.35 127A.05, subdivision 1; and 129C.10, subdivision 3; 1.36 proposing coding for new law in Minnesota Statutes, 1.37 chapter 122A; repealing Minnesota Statutes 1998, 1.38 sections 121A.03, subdivision 3; 121A.16; 121A.70; 1.39 122A.162; 122A.163; 122A.19, subdivision 2; 122A.32; 1.40 122A.40, subdivision 6; 122A.41, subdivision 3; 1.41 122A.49; 122A.52; 122A.53; 122A.54; 122A.55; 122A.56; 1.42 122A.57; 122A.71; 122A.72, subdivisions 1, 2, 3, and 1.43 5; 122A.75; 123A.15, subdivision 1; 123A.35; 123A.36, 1.44 subdivisions 3, 4, 5, 6, 7, 8, 9, 10, and 11; 123A.37; 1.45 123A.38; 123A.39; 123A.40; 123A.41, subdivisions 1 and 1.46 4; 123A.43; 123B.02, subdivisions 5, 10, 11, and 13; 2.1 123B.11; 123B.15; 123B.16; 123B.17; 123B.18; 123B.19; 2.2 123B.744; 123B.93; 123B.95, subdivision 3; 124D.02, 2.3 subdivisions 2, 3, and 4; 124D.03, subdivisions 5 and 2.4 7; 124D.06; 124D.07; 124D.081, subdivision 1; 2.5 124D.118, subdivision 1; 124D.124; 124D.125; 124D.28; 2.6 124D.29; 124D.30; 124D.31; 124D.47, subdivision 1; 2.7 124D.91; 124D.92; 124D.93, subdivisions 2, 3, and 6; 2.8 125B.02; and 127A.41, subdivision 4; Minnesota 2.9 Statutes 1999 Supplement, sections 122A.72, 2.10 subdivision 4; 123A.30, subdivision 6; 123A.36, 2.11 subdivisions 1 and 2; 123B.02, subdivision 9; 124D.05, 2.12 subdivision 3; 124D.122; 124D.126; 124D.127; and 2.13 124D.93, subdivisions 1, 4, and 5. 2.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.15 ARTICLE 1 2.16 EDUCATION CODE; COMPULSORY ATTENDANCE 2.17 Section 1. Minnesota Statutes 1998, section 120A.05, is 2.18 amended by adding a subdivision to read: 2.19 Subd. 3a. [CHARTER SCHOOL.] "Charter school" means a 2.20 public school formed according to section 124D.10. 2.21 Sec. 2. Minnesota Statutes 1998, section 120A.22, 2.22 subdivision 1, is amended to read: 2.23 Subdivision 1. [PARENTAL RESPONSIBILITY.] The parent of a 2.24 child is primarily responsible for assuring that the child 2.25 acquires knowledge and skills that are essential for effective 2.26 citizenship and that the child is enrolled in school under 2.27 section 120A.22, subdivision 4. 2.28 Sec. 3. [EFFECTIVE DATE.] 2.29 Sections 1 and 2 are effective for the 2000-2001 school 2.30 year and later. 2.31 ARTICLE 2 2.32 CURRICULUM AND ASSESSMENT 2.33 Section 1. Minnesota Statutes 1998, section 120B.11, 2.34 subdivision 2, is amended to read: 2.35 Subd. 2. [ADOPTING POLICIES.] (a) A school board shall 2.36 adopt annually a written policy that includes the following: 2.37 (1) district goals for instruction and curriculum; 2.38 (2) a process for evaluating each student's progress toward 2.39 meeting graduation standards and identifying the strengths and 2.40 weaknesses of instruction and curriculum affecting students' 2.41 progress; 2.42 (3) a system for periodically reviewing all instruction and 3.1 curriculum; and 3.2 (4) a plan for improving instruction and curriculum; and3.3(5) an instruction plan that includes education3.4effectiveness processes developed under section 122A.625 and3.5integrates instruction, curriculum, and technologythat 3.6 integrates instruction, curriculum, and technology. 3.7 Sec. 2. Minnesota Statutes 1998, section 120B.11, 3.8 subdivision 5, is amended to read: 3.9 Subd. 5. [REPORT.] (a) By October 1 of each year, the 3.10 school board shall use standard statewide reporting procedures 3.11 the commissioner develops and adopt a report that includes the 3.12 following: 3.13 (1) student performance goals for meeting state graduation 3.14 standards adopted for that year; 3.15 (2) results of local assessment data, and any additional 3.16 test data; 3.17 (3) the annual school district improvement plans; 3.18 (4) information about district and learning site progress 3.19 in realizing previously adopted improvement plans; and 3.20 (5) the amount and type of revenue attributed to each 3.21 education site as defined in section 123B.04, subdivision 2. 3.22 (b) The school board shall publish the report in the local 3.23 newspaper with the largest circulation in the district or by 3.24 mail. The board shall make a copy of the report available to 3.25 the public for inspection. The board shall send a copy of the 3.26 report to the commissioner of children, families, and learning 3.27 by October 15 of each year. 3.28 (c) The title of the report shall contain the name and 3.29 number of the school district and read "Annual Report on 3.30 Curriculum, Instruction, and Student Performance."The report3.31must include at least the following information about advisory3.32committee membership:3.33(1) the name of each committee member and the date when3.34that member's term expires;3.35(2) the method and criteria the school board uses to select3.36committee members; and4.1(3) the date by which a community resident must apply to4.2next serve on the committee.4.3 Sec. 3. Minnesota Statutes 1998, section 120B.22, 4.4 subdivision 1, is amended to read: 4.5 Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.](a)The 4.6 commissioner of children, families, and learning, in 4.7 consultation with the commissioners of health and human 4.8 services, state minority councils, battered women's programs, 4.9 sexual assault centers, representatives of religious 4.10 communities, and the assistant commissioner of the office of 4.11 drug policy and violence prevention, shall assist districts on 4.12 request in developing or implementing a violence prevention 4.13 program for students in kindergarten to grade 12 that can be 4.14 integrated into existing curriculum.The purpose of the program4.15is to help students learn how to resolve conflicts within their4.16families and communities in nonviolent, effective ways.4.17(b) Each district is encouraged to integrate into its4.18existing curriculum a program for violence prevention that4.19includes at least:4.20(1) a comprehensive, accurate, and age appropriate4.21curriculum on violence prevention, nonviolent conflict4.22resolution, sexual, racial, and cultural harassment, and student4.23hazing that promotes equality, respect, understanding, effective4.24communication, individual responsibility, thoughtful decision4.25making, positive conflict resolution, useful coping skills,4.26critical thinking, listening and watching skills, and personal4.27safety;4.28(2) planning materials, guidelines, and other accurate4.29information on preventing physical and emotional violence,4.30identifying and reducing the incidence of sexual, racial, and4.31cultural harassment, and reducing child abuse and neglect;4.32(3) a special parent education component of early childhood4.33family education programs to prevent child abuse and neglect and4.34to promote positive parenting skills, giving priority to4.35services and outreach programs for at-risk families;4.36(4) involvement of parents and other community members,5.1including the clergy, business representatives, civic leaders,5.2local elected officials, law enforcement officials, and the5.3county attorney;5.4(5) collaboration with local community services, agencies,5.5and organizations that assist in violence intervention or5.6prevention, including family-based services, crisis services,5.7life management skills services, case coordination services,5.8mental health services, and early intervention services;5.9(6) collaboration among districts and service cooperatives;5.10(7) targeting early adolescents for prevention efforts,5.11especially early adolescents whose personal circumstances may5.12lead to violent or harassing behavior;5.13(8) opportunities for teachers to receive in-service5.14training or attend other programs on strategies or curriculum5.15designed to assist students in intervening in or preventing5.16violence in school and at home; and5.17(9) administrative policies that reflect, and a staff that5.18models, nonviolent behaviors that do not display or condone5.19sexual, racial, or cultural harassment or student hazing.5.20(c) The department may provide assistance at a neutral site5.21to a nonpublic school participating in a district's program.5.22 Sec. 4. [EFFECTIVE DATE.] 5.23 Sections 1 to 3 are effective for the 2000-2001 school year 5.24 and later. 5.25 ARTICLE 3 5.26 STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR 5.27 Section 1. Minnesota Statutes 1998, section 121A.06, is 5.28 amended to read: 5.29 121A.06 [REPORTS OF DANGEROUS WEAPON INCIDENTS IN SCHOOL 5.30 ZONES.] 5.31 Subdivision 1. [DEFINITIONS.] As used in this section: 5.32 (1) "dangerous weapon" has the meaning given it in section 5.33 609.02, subdivision 6; 5.34 (2) "school" has the meaning given it in section 120A.22, 5.35 subdivision 4; and 5.36 (3) "school zone" has the meaning given it in section 6.1 152.01, subdivision 14a, clauses (1) and (3). 6.2 Subd. 2. [REPORTS; CONTENT.]By January 1, 1994,The 6.3 commissioner, in consultation with the criminal and juvenile 6.4 information policy group, shalldevelopmaintain a standardized 6.5 form to be used by schools to report incidents involving the use 6.6 or possession of a dangerous weapon in school zones. The form 6.7 shall include the following information: 6.8 (1) a description of each incident, including a description 6.9 of the dangerous weapon involved in the incident; 6.10 (2) where, at what time, and under what circumstances the 6.11 incident occurred; 6.12 (3) information about the offender, other than the 6.13 offender's name, including the offender's age; whether the 6.14 offender was a student and, if so, where the offender attended 6.15 school; and whether the offender was under school expulsion or 6.16 suspension at the time of the incident; 6.17 (4) information about the victim other than the victim's 6.18 name, if any, including the victim's age; whether the victim was 6.19 a student and, if so, where the victim attended school; and if 6.20 the victim was not a student, whether the victim was employed at 6.21 the school; 6.22 (5) the cost of the incident to the school and to the 6.23 victim; and 6.24 (6) the action taken by the school administration to 6.25 respond to the incident. 6.26 The commissioner also shall develop an alternative 6.27 reporting format that allows school districts to provide 6.28 aggregate data, with an option to use computer technology to 6.29 report the data. 6.30 Subd. 3. [REPORTS; FILING REQUIREMENTS.] ByFebruary 1 and6.31 July 1 of each year, each school shall report incidents 6.32 involving the use or possession of a dangerous weapon in school 6.33 zones to the commissioner. The reports must be made on the 6.34 standardized forms or using the alternative format developed by 6.35 the commissioner under subdivision 2. The commissioner shall 6.36 compile the information it receives from the schools and report 7.1 it annually to the commissioner of public safety, the criminal 7.2 and juvenile information policy group, and the legislature. 7.3 Sec. 2. Minnesota Statutes 1998, section 121A.15, is 7.4 amended to read: 7.5 121A.15 [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.] 7.6 Subdivision 1. [IMMUNIZATION REQUIREMENT.] Except as 7.7 provided in subdivisions 3, 4, and 10, no person over two months 7.8 old may be allowed to enroll or remain enrolled in any 7.9 elementary or secondary school or child care facility in this 7.10 state until the person has submitted to the administratoror7.11other person having general control and supervision of the7.12school or child care facility,one of the following statements: 7.13 (1) a statement froma physician or a public clinic which7.14provides immunizationsan immunization provider stating that the 7.15 person has received immunization, consistent with medically 7.16 acceptable standards, against measles after having attained the 7.17 age of 12 months, rubella, diphtheria, tetanus, pertussis, 7.18 polio, mumps, haemophilus influenza type b, and hepatitis B; or 7.19 (2) a statement froma physician or a public clinic which7.20provides immunizationsan immunization provider stating that the 7.21 person has received immunizations, consistent with medically 7.22 acceptable standards, against measles after having attained the 7.23 age of 12 months, rubella, mumps, and haemophilus influenza type 7.24 b and that the person has commenced a schedule of immunizations 7.25 for diphtheria, tetanus, pertussis, polio, and hepatitis B and 7.26 which indicates the month and year of each immunization received. 7.27 Subd. 2. [SCHEDULE OF IMMUNIZATIONS.] No person who has 7.28 commenced a treatment schedule of immunization pursuant to 7.29 subdivision 1, clause (2), may remain enrolled in any child care 7.30 facility, elementary, or secondary school in this state after 18 7.31 months of enrollment unless there is submitted to the 7.32 administrator, or other person having general control and7.33supervision of the school or child care facility,a statement 7.34 froma physician or a public clinic which provides immunizations7.35 an immunization provider that the person has completed the 7.36 primary schedule of immunizations for diphtheria, tetanus, 8.1 pertussis, polio, and hepatitis B. The statement must include 8.2 the month and year of each additional immunization received. 8.3 For a child less than seven years of age, a primary schedule of 8.4 immunizations shall consist of four doses of vaccine for 8.5 diphtheria, tetanus, and pertussis and three doses of vaccine 8.6 for poliomyelitis and hepatitis B. For a child seven years of 8.7 age or older, a primary schedule of immunizations shall consist 8.8 of three doses of vaccine for diphtheria, tetanus, polio, and 8.9 hepatitis B as specified in subdivision 10. 8.10 Subd. 3. [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 8.11 is at least seven years old and has not been immunized against 8.12 pertussis, the person must not be required to be immunized 8.13 against pertussis. 8.14 (b) If a person is at least 18 years old and has not 8.15 completed a series of immunizations against poliomyelitis, the 8.16 person must not be required to be immunized against 8.17 poliomyelitis. 8.18 (c) If a statement, signed by a physician, is submitted to 8.19 the administratoror other person having general control and8.20supervision of the school or child care facilitystating that an 8.21 immunization is contraindicated for medical reasons or that 8.22 laboratory confirmation of the presence of adequate immunity 8.23 exists, the immunization specified in the statement need not be 8.24 required. 8.25 (d) If a notarized statement signed by the minor child's 8.26 parent or guardian or by the emancipated person is submitted to 8.27 the administratoror other person having general control and8.28supervision of the school or child care facilitystating that 8.29 the person has not been immunized as prescribed in subdivision 1 8.30 because of the conscientiously held beliefs of the parent or 8.31 guardian of the minor child or of the emancipated person, the 8.32 immunizations specified in the statement shall not be required. 8.33 This statement must also be forwarded to the commissioner of the 8.34 department of health. 8.35 (e) If the person is under 15 months, the person is not 8.36 required to be immunized against measles, rubella, or mumps. 9.1 (f) If a person is at least five years old and has not been 9.2 immunized against haemophilus influenza type b, the person is 9.3 not required to be immunized against haemophilus influenza type 9.4 b. 9.5 Subd. 4. [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 9.6 who is enrolling or enrolled in an elementary or secondary 9.7 school or child care facility may substitute a statement from 9.8 the emancipated person or a parent or guardian if the person is 9.9 a minor child in lieu of the statement froma physician or9.10public clinic which provides immunizationsan immunization 9.11 provider. If the statement is from a parent or guardian or 9.12 emancipated person, the statement must indicate the month and 9.13 year of each immunization given. 9.14 (b) In order for the statement to be acceptable for a 9.15 person who is enrolling in an elementary school and who is six 9.16 years of age or younger, it must indicate that the following was 9.17 given: no less than one dose of vaccine each for measles, 9.18 mumps, and rubellagiven separately or in combination; no less 9.19 than four doses of vaccine for poliomyelitis, unless the third 9.20 dose was given after the fourth birthday, then three doses are 9.21 minimum; no less than five doses of vaccine for diphtheria, 9.22 tetanus, and pertussis, unless the fourth dose was given after 9.23 the fourth birthday, then four doses are minimum; and no less 9.24 than three doses of vaccine for hepatitis B as specified in 9.25 subdivision 10. 9.26 (c) In order for the statement to be consistent with 9.27 subdivision 10 and acceptable for a person who is enrolling in 9.28 an elementary or secondary school and is age seven through age 9.29 19, the statement must indicate that the person has received no 9.30 less than one dose of vaccine each for measles, mumps, and 9.31 rubellagiven separately or in combination, and no less than 9.32 three doses of vaccine for poliomyelitis, diphtheria, tetanus, 9.33 and hepatitis B. 9.34 (d) In order for the statement to be acceptable for a 9.35 person who is enrolling in a secondary school, and who was born 9.36 after 1956 and is 20 years of age or older, the statement must 10.1 indicate that the person has received no less than one dose of 10.2 vaccine each for measles, mumps, and rubellagiven separately or10.3in combination, and no less than one dose of vaccine for 10.4 diphtheria and tetanus within the preceding ten years. 10.5 (e) In order for the statement to be acceptable for a 10.6 person who is enrolling in a child care facility and who is at 10.7 least 15 months old but who has not reached five years of age, 10.8 it must indicate that the following were given: no less than 10.9 one dose of vaccine each for measles, mumps, and rubellagiven10.10separately or in combination; no less than one dose of vaccine 10.11 for haemophilus influenza type b; no less than four doses of 10.12 vaccine for diphtheria, tetanus, and pertussis; and no less than 10.13 three doses of vaccine for poliomyelitis. 10.14 (f) In order for the statement to be acceptable for a 10.15 person who is enrolling in a child care facility and who is five 10.16 or six years of age, it must indicate that the following was 10.17 given: no less than one dose of vaccine each for measles, 10.18 mumps, and rubellagiven separately or in combination; no less 10.19 than four doses of vaccine for diphtheria, tetanus, and 10.20 pertussis; and no less than three doses of vaccine for 10.21 poliomyelitis. 10.22 (g) In order for the statement to be acceptable for a 10.23 person who is enrolling in a child care facility and who is 10.24 seven years of age or older, the statement must indicate that 10.25 the person has received no less than one dose of vaccine each 10.26 for measles, mumps, and rubellagiven separately or in10.27combinationand consistent with subdivision 10, and no less than 10.28 three doses of vaccine for poliomyelitis, diphtheria, and 10.29 tetanus. 10.30(h) The commissioner of health, on finding that any of the10.31above requirements are not necessary to protect the public's10.32health, may suspend for one year that requirement.10.33 Subd. 5. [TRANSFER OF IMMUNIZATION STATEMENTS.] If a 10.34 person transfers from one elementary or secondary school to 10.35 another, the school board of a public school district or the 10.36 administrator of a nonpublic school may allow the person up to a 11.1 maximum of 30 days to submit one or more of the statements as 11.2 specified in subdivision 1 or 3, during which time the person 11.3 may enroll in and attend the school. If a person enrolls in a 11.4 child care facility in which at least 75 percent of children in 11.5 the facility participate on a one-time only or occasional basis 11.6 to a maximum of 45 hours per child, per month, or is placed in a 11.7 facility by a crisis nursery, the person shall be exempt from 11.8 all requirements of this section for up to five consecutive 11.9 days, starting from the first day of attendance. 11.10 Subd. 6. [SUSPENSION OF IMMUNIZATION REQUIREMENT.] The 11.11 commissioner of health, on finding that an immunization required 11.12 pursuant to this section is not necessary to protect the 11.13 public's health, may suspend for one year the requirement that 11.14 children receive that immunization. 11.15 Subd. 7. [FILE ON IMMUNIZATION RECORDS.] Each school or 11.16 child care facility shall maintain on file immunization records 11.17 for all persons in attendance that contain the information 11.18 required by subdivisions 1, 2, and 3. The school shall maintain 11.19 the records for at least five years after the person attains the 11.20 age of majority. The department of health and the board of 11.21 health, as defined in section 145A.02, subdivision 2, in whose 11.22 jurisdiction the school or child care facility is located, shall 11.23 have access to the files maintained pursuant to this 11.24 subdivision. When a person transfers to another elementary or 11.25 secondary school or child care facility, the administratoror11.26other person having general control and supervision of the11.27school or child care facilityshall assist the person's parent 11.28 or guardian in the transfer of the immunization file to the 11.29 person's new school or child care facility within 30 days of the 11.30 transfer. Upon the request of a public or private 11.31 post-secondary educational institution, as defined in section 11.32 135A.14, the administratoror other person having general11.33control or supervision of a schoolshall assist in the transfer 11.34 of a student's immunization file to the post-secondary 11.35 institution. 11.36 Subd. 8. [REPORT.] The administratoror other person12.1having general control and supervision of the elementary or12.2secondary schoolshall file a report with the commissioner on 12.3 all persons enrolled in the school. The superintendent of each 12.4 district shall file a report with the commissioner for all 12.5 persons within the district receiving instruction in a home 12.6 school in compliance with sections 120A.22 and 120A.24. The 12.7 parent of persons receiving instruction in a home school shall 12.8 submit the statements as required by subdivisions 1, 2, 3, and 4 12.9 to the superintendent of the district in which the person 12.10 resides by October 1 of each school year. The school report 12.11 must be prepared on forms developed jointly by the commissioner 12.12 of health and the commissioner of children, families, and 12.13 learning and be distributed to the local districts by the 12.14 commissioner of health. The school report must state the number 12.15 of persons attending the school, the number of persons who have 12.16 not been immunized according to subdivision 1 or 2, and the 12.17 number of persons who received an exemption under subdivision 3, 12.18 clause (c) or (d). The school report must be filed with the 12.19 commissioner of children, families, and learning within 60 days 12.20 of the commencement of each new school term. Upon request, a 12.21 district must be given a 60-day extension for filing the school 12.22 report. The commissioner of children, families, and learning 12.23 shall forward the report, or a copy thereof, to the commissioner 12.24 of health who shall provide summary reports to boards of health 12.25 as defined in section 145A.02, subdivision 2. The administrator 12.26or other person having general control and supervision of the12.27child care facilityshall file a report with the commissioner of 12.28 human services on all persons enrolled in the child care 12.29 facility. The child care facility report must be prepared on 12.30 forms developed jointly by the commissioner of health and the 12.31 commissioner of human services and be distributed to child care 12.32 facilities by the commissioner of health. The child care 12.33 facility report must state the number of persons enrolled in the 12.34 facility, the number of persons with no immunizations, the 12.35 number of persons who received an exemption under subdivision 3, 12.36 clause (c) or (d), and the number of persons with partial or 13.1 full immunization histories. The child care facility report 13.2 must be filed with the commissioner of human services by 13.3 November 1 of each year. The commissioner of human services 13.4 shall forward the report, or a copy thereof, to the commissioner 13.5 of health who shall provide summary reports to boards of health 13.6 as defined in section 145A.02, subdivision 2. The report 13.7 required by this subdivision is not required of a family child 13.8 care or group family child care facility, for prekindergarten 13.9 children enrolled in any elementary or secondary school provided 13.10 services according to sections 125A.05 and 125A.06, nor for 13.11 child care facilities in which at least 75 percent of children 13.12 in the facility participate on a one-time only or occasional 13.13 basis to a maximum of 45 hours per child, per month. 13.14 Subd. 9. [DEFINITIONS.] As used in this section the 13.15 following terms have the meanings given them. 13.16 (a) "Elementary or secondary school" includes any public 13.17 school as defined in section 120A.05, subdivisions 9, 11, 13, 13.18 and 17, or nonpublic school, church, or religious organization, 13.19 or home school in which a child is provided instruction in 13.20 compliance with sections 120A.22 and 120A.24. 13.21 (b) "Person enrolled in any elementary or secondary school" 13.22 means a personborn after 1956 andenrolled in grades 13.23 kindergarten through 12, and a child with a disability receiving 13.24 special instruction and services as required insectionssection 13.25 125A.03to 125A.24 and 125A.65, excluding a child being provided 13.26 services according to section 125A.05, paragraph (c), or13.27125A.06, paragraph (d). 13.28 (c) "Child care facility" includes those child care 13.29 programs subject to licensure under chapter 245A, and Minnesota 13.30 Rules, chapters 9502 and 9503. 13.31 (d) "Family child care" means child care for no more than 13.32 ten children at one time of which no more than six are under 13.33 school age. The licensed capacity must include all children of 13.34 any caregiver when the children are present in the residence. 13.35 (e) "Group family child care" means child care for no more 13.36 than 14 children at any one time. The total number of children 14.1 includes all children of any caregiver when the children are 14.2 present in the residence. 14.3 (f) "Administrator" means any individual having general 14.4 control and supervision of a school or child care facility. 14.5 (g) "Immunization provider" means any physician, health 14.6 care provider, or public clinic that provides immunizations. 14.7 Subd. 10. [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] A 14.8 statement required to be submitted under subdivisions 1, 2, and 14.9 4 to document evidence of immunization shall include month, day, 14.10 and year for immunizations administered after January 1, 1990. 14.11 (a)For persons enrolled in grades 7 and 12 during the14.121996-1997 school term, the statement must indicate that the14.13person has received a dose of tetanus and diphtheria toxoid no14.14earlier than 11 years of age.14.15(b) Except as specified in paragraph (e), for persons14.16enrolled in grades 7, 8, and 12 during the 1997-1998 school14.17term, the statement must indicate that the person has received a14.18dose of tetanus and diphtheria toxoid no earlier than 11 years14.19of age.14.20(c)Except as specified in paragraph(e)(c), for persons 14.21 enrolled ingrades 7 through 12secondary school during the 14.22 1998-1999 school term and for each year thereafter, the 14.23 statement must indicate that the person has received a dose of 14.24 tetanus and diphtheria toxoid no earlier than 11 years of age. 14.25(d)(b) For persons enrolled in grades 7 through 12during14.26the 1996-1997 school year and for each year thereafter, the 14.27 statement must indicate that the person has received at least 14.28 two doses of vaccine against measles, mumps, and rubella,given14.29alone or separatelyand given not less than one month apart. 14.30(e)(c) A person who has received at least three doses of 14.31 tetanus and diphtheria toxoids, with the most recent dose given 14.32 after age six and before age 11, is not required to have 14.33 additional immunization against diphtheria and tetanus until ten 14.34 years have elapsed from the person's most recent dose of tetanus 14.35 and diphtheria toxoid. 14.36(f)(d) The requirement for hepatitis B vaccination shall 15.1 apply to persons enrolling in kindergarten beginning with the 15.2 2000-2001 school term. 15.3(g)(e) The requirement for hepatitis B vaccination shall 15.4 apply to persons enrolling in grade 7 beginning with the 15.5 2001-2002 school term. 15.6 Subd. 11. [COMMISSIONER OF HUMAN SERVICES; CONTINUED 15.7 RESPONSIBILITIES.] Nothing in this section relieves the 15.8 commissioner of human services of the responsibility, under 15.9 chapter 245A, to inspect and assure that statements required by 15.10 this section are on file at child care programs subject to 15.11 licensure. 15.12 Sec. 3. Minnesota Statutes 1998, section 121A.34, is 15.13 amended to read: 15.14 121A.34 [SCHOOL SAFETY PATROLS.] 15.15 Subdivision 1. [ESTABLISHMENT.]In the exercise of15.16authorized control and supervision over pupils attending schools15.17and other educational institutions, both public and private,The 15.18 governing board or other directing authority of anysuchschool 15.19 or institutionis empowered to authorize the organizationunder 15.20 section 120A.22, subdivision 4, except a home school, may 15.21 organize andsupervision ofsupervise school safety patrolsfor15.22the purpose of influencingto influence andencouraging15.23 encourage other pupils to refrain from crossing public highways 15.24 at points other than regular crossings andfor the purpose of15.25directingto direct pupils when and where to cross highways. 15.26 Subd. 2. [APPOINTMENT OF MEMBERS.]Unless the parents or15.27guardian of a pupil object in writing to the school authorities15.28to the appointment of the pupil on a school safety patrol, it is15.29lawful for anyA pupil over nine yearsof age toold may be 15.30 appointedand designated as a member ofto the patrolin any15.31school in which. If there are no pupilswho have attained such15.32ageat least nine years old, then any pupil in the highest grade 15.33thereinmay besoappointedand designated. The pupil's parent 15.34 or guardian may object to the appointment in writing to school 15.35 authorities. School authorities may also appoint and designate 15.36 nonpupil adults as members of a school safety patrol on a 16.1 voluntary or for-hire basis. 16.2 Subd. 3. [LIABILITY NOT TO ATTACH.]No liability shall16.3attach either to theA school, educational institution, 16.4 governing board, directing authority, or any individual 16.5 director, board member, superintendent, principal, teacher, or 16.6 other school authority by virtue of the organization, 16.7 maintenance, or operation ofsucha school safety patrol shall 16.8 not be liable because of injuries sustained by any pupil, 16.9 whether a member of the patrol or otherwiseby reason ofdue to 16.10 the operation and maintenance of the patrol. 16.11 Subd. 4. [IDENTIFY, OPERATION.] Identification and 16.12 operation of school safety patrols shall be uniform throughout 16.13 the state and the method of identification and signals to be 16.14 used shall be as prescribed by the commissioner of public 16.15 safety. School safety patrol members may wear fluorescent 16.16 reflective vests. 16.17 Sec. 4. Minnesota Statutes 1998, section 121A.55, is 16.18 amended to read: 16.19 121A.55 [POLICIES TO BE ESTABLISHED.] 16.20 (a) The commissioner of children, families, and learning 16.21 shall promulgate guidelines to assist each school board. Each 16.22 school board shall establish uniform criteria for dismissal and 16.23 adopt written policies and rules to effectuate the purposes of 16.24 sections 121A.40 to 121A.56. The policies shall emphasize 16.25 preventing dismissals through early detection of problems and 16.26 shall be designed to address students' inappropriate behavior 16.27 from recurring. The policies shall recognize the continuing 16.28 responsibility of the school for the education of the pupil 16.29 during the dismissal period. The alternative educational 16.30 services, if the pupil wishes to take advantage of them, must be 16.31 adequate to allow the pupil to make progress towards meeting the 16.32 graduation standards adopted under section 120B.02 and help 16.33 prepare the pupil for readmission. 16.34 (b) An area learning center under section 123A.05 may not 16.35 prohibit an expelled or excluded pupil from enrolling solely 16.36 because a district expelled or excluded the pupil. The board of 17.1 the area learning center may use the provisions of the Pupil 17.2 Fair Dismissal Act to exclude a pupil or to require an admission 17.3 plan. 17.4(c) The commissioner shall actively encourage and assist17.5school districts to cooperatively establish alternative17.6educational services within school buildings or at alternative17.7program sites that offer instruction to pupils who are dismissed17.8from school for willfully engaging in dangerous, disruptive, or17.9violent behavior, including for possessing a firearm in a school17.10zone.17.11 Sec. 5. Minnesota Statutes 1998, section 121A.69, 17.12 subdivision 3, is amended to read: 17.13 Subd. 3. [SCHOOL BOARD POLICY.] Each school board shall 17.14 adopt a written policy governing student or staff hazing. The 17.15 policy must apply to student behavior that occurs on or off 17.16 school property and during and after school hours.The policy17.17must include reporting procedures and disciplinary consequences17.18for violating the policy. Disciplinary consequences must be17.19sufficiently severe to deter violations and appropriately17.20discipline prohibited behavior.Disciplinary consequences must 17.21 conform with sections 121A.41 to 121A.56. Each school must 17.22 include the policy in the student handbook on school policies. 17.23 Sec. 6. Minnesota Statutes 1998, section 122A.53, is 17.24 amended to read: 17.25 122A.53 [KEEPING OF REGISTERS.] 17.26 Each teacher shall keep a register, furnished by the clerk, 17.27 showingthepupils' daily attendanceof each pupil,andsuch17.28 other mattersas may berequired insuchthe register. Each 17.29 teacher shall also keepsucha record ofdeportment and17.30scholarshipstudents' academic performance and behavior asmay17.31berequired by the board. The register shall show the names and 17.32 ages of all pupils, the names and number of days' attendance of 17.33 all pupilsbetween the ages of five and eight years, between17.34eight and 15 years, and between 15 and 21 yearsenrolled in the 17.35 school, program, or course, and the names of all paying 17.36 tuition. The teacher shall returnsuchthe register, properly 18.1 kept, to the clerk within ten days after the close of the school 18.2 year. 18.3 Sec. 7. [REPEALER.] 18.4 Minnesota Statutes 1998, sections 121A.03, subdivision 3; 18.5 121A.16; and 121A.70, are repealed. 18.6 Sec. 8. [EFFECTIVE DATE.] 18.7 Sections 1 to 7 are effective for the 2000-2001 school year 18.8 and later. 18.9 ARTICLE 4 18.10 TEACHERS AND OTHER EDUCATORS 18.11 Section 1. Minnesota Statutes 1998, section 122A.09, 18.12 subdivision 6, is amended to read: 18.13 Subd. 6. [REGISTER OF PERSONS LICENSED.] The executive 18.14 secretary of the board of teaching shall keep a record of the 18.15 proceedings of and a register of all persons licensed pursuant 18.16 to the provisions of this chapter.The register must show the18.17name, address, license number and the renewal of the license.18.18The board must on July 1, of each year or as soon thereafter as18.19is practicable, compile a list of such duly licensed teachers18.20and transmit a copy of the list to the board.A copy of the 18.21 register must be available during business hours at the office 18.22 of the board to any interested person. 18.23 Sec. 2. Minnesota Statutes 1998, section 122A.15, is 18.24 amended to read: 18.25 122A.15 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 18.26 DEFINITIONS, LICENSURE.] 18.27 Subdivision 1. [TEACHERS.] The term "teachers" for the 18.28 purpose of licensure, means all persons employed in a public 18.29 school or education district or by a service cooperative as 18.30 members of the instructional, supervisory, and support staff 18.31 including superintendents, principals, supervisors, secondary 18.32 vocational and other classroom teachers, librarians, counselors, 18.33 school psychologists, school nurses, school social workers, 18.34 audio-visual directors and coordinators, recreation personnel, 18.35 media generalists, media supervisors, andspeech therapists18.36 educational speech-language pathologists. 19.1 Subd. 2. [SUPERVISORY PERSONNEL.] "Supervisory personnel" 19.2 for the purpose of licensure means superintendents, principals, 19.3 and professional employees who devote 50 percent or more of 19.4 their time to administrative or supervisory duties over other 19.5 personnel, and includes athletic coaches. 19.6 Sec. 3. Minnesota Statutes 1998, section 122A.22, is 19.7 amended to read: 19.8 122A.22 [DISTRICT RECORDING OF TEACHER LICENSES.] 19.9 No person shall be accounted a qualified teacher until the 19.10 person has filed either for record or a certified copy of a 19.11 teaching license with the district superintendent where the 19.12 person intends to teacha license, or certified copy of a19.13license, authorizing the person to teach school in the district19.14school system. 19.15 Sec. 4. Minnesota Statutes 1999 Supplement, section 19.16 122A.40, subdivision 5, is amended to read: 19.17 Subd. 5. [PROBATIONARY PERIOD.] (a) The first three 19.18 consecutive years of a teacher's first teaching experience in 19.19 Minnesota in a single district is deemed to be a probationary 19.20 period of employment, and after completion thereof, the 19.21 probationary period in each district in which the teacher is 19.22 thereafter employed shall be one year. The school board must 19.23 adopt a plan for written evaluation of teachers during the 19.24 probationary period. Evaluation must occur at least three times 19.25 each year for a teacher performing services on 120 or more 19.26 school days, at least two times each year for a teacher 19.27 performing services on 60 to 119 school days, and at least one 19.28 time each year for a teacher performing services on fewer than 19.29 60 school days. Days devoted to parent-teacher conferences, 19.30 teachers' workshops, and other staff development opportunities 19.31 and days on which a teacher is absent from school must not be 19.32 included in determining the number of school days on which a 19.33 teacher performs services. Except as otherwise provided in 19.34 paragraph (b), during the probationary period any annual 19.35 contract with any teacher may or may not be renewed as the 19.36 school board shall see fit.However,The board must give any 20.1suchprobationary teacher whose contract it declines to renew 20.2 for the following school year written notice to that effect 20.3 before July 1. If the teacher requests reasons for any 20.4 nonrenewal of a teaching contract, the board must give the 20.5 teacher its reason in writing, including a statement that 20.6 appropriate supervision was furnished describing the nature and 20.7 the extent of such supervision furnished the teacher during the 20.8 employment by the board, within ten days after receiving such 20.9 request. The school board may, after a hearing held upon due 20.10 notice, discharge a teacher during the probationary period for 20.11 cause, effective immediately, under section 122A.44. 20.12 (b) A board must discharge a probationary teacher, 20.13 effective immediately, upon receipt of notice under section 20.14 122A.20, subdivision 1, paragraph (b), that the teacher's 20.15 license has been revoked due to a conviction for child abuse or 20.16 sexual abuse. 20.17 Sec. 5. Minnesota Statutes 1998, section 122A.40, 20.18 subdivision 8, is amended to read: 20.19 Subd. 8. [PEER REVIEW FORCONTINUING CONTRACTTEACHERS.] A 20.20 school board and an exclusive representative of the teachers in 20.21 the district shall develop a peer review process for continuing 20.22 contract teachers and probationary teachers through joint 20.23 agreement. 20.24 Sec. 6. Minnesota Statutes 1998, section 122A.41, 20.25 subdivision 5, is amended to read: 20.26 Subd. 5. [PEER REVIEW FORCONTINUING CONTRACTTEACHERS.] A 20.27 school board and an exclusive representative of the teachers in 20.28 the district must develop a peer review process for 20.29 nonprobationary and probationary teachers through joint 20.30 agreement. 20.31 Sec. 7. [122A.455] [TEACHER CONTRACTS.] 20.32 The school board and the exclusive bargaining 20.33 representative of the teachers must negotiate: 20.34 (1) short-term, limited contracts; 20.35 (2) summer school contracts; 20.36 (3) sabbatical leave; 21.1 (4) faculty and staff exchange programs; and 21.2 (5) temporary assignments. 21.3 Sec. 8. Minnesota Statutes 1999 Supplement, section 21.4 122A.58, subdivision 1, is amended to read: 21.5 Subdivision 1. [TERMINATION; HEARING.] Before a district 21.6 terminates the coaching duties of an employee who isrequired to21.7hold a license as an athletic coach from the commissioner of21.8children, families, and learninga head varsity coach of an 21.9 interscholastic sport at the secondary school level, the 21.10 district must notify the employee in writing and state its 21.11 reason for the proposed termination. Within 14 days of 21.12 receiving this notification, the employee may request in writing 21.13 a hearing on the termination before the commissioner. If a 21.14 hearing is requested, the commissioner must hold a hearing 21.15 within 25 days according to the hearing procedures specified in 21.16 section 122A.40, subdivision 14, and the termination is final 21.17 upon the order of the commissioner after the hearing. 21.18 Sec. 9. Minnesota Statutes 1999 Supplement, section 21.19 122A.60, subdivision 1, is amended to read: 21.20 Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school 21.21 board must use the revenue authorized in section 122A.61 for 21.22 in-service education for programs under section 120B.22, 21.23subdivision 2,or for staff development plans under this 21.24 section. The board must establish an advisory staff development 21.25 committee to develop the plan, assist site professional 21.26 development teams in developing a site plan consistent with the 21.27 goals of the plan, and evaluate staff development efforts at the 21.28 site level. A majority of the advisory committee and the site 21.29 professional development team must be teachers representing 21.30 various grade levels, subject areas, and special education. The 21.31 advisory committee must also include nonteaching staff, parents, 21.32 and administrators. Districts must report staff development 21.33 results and expenditures to the commissioner in the form and 21.34 manner determined by the commissioner. The expenditure report 21.35 must include expenditures by the board for district level 21.36 activities and expenditures made by the staff. The report must 22.1 provide a breakdown of expenditures for (1) curriculum 22.2 development and programs, (2) in-service education, workshops, 22.3 and conferences, and (3) the cost of teachers or substitute 22.4 teachers for staff development purposes. Within each of these 22.5 categories, the report must also indicate whether the 22.6 expenditures were incurred at the district level or the school 22.7 site level, and whether the school site expenditures were made 22.8 possible by the grants to school sites that demonstrate 22.9 exemplary use of allocated staff development revenue. These 22.10 expenditures are to be reported using the UFARS system. The 22.11 commissioner shall report the staff development expenditure data 22.12 to the education committees of the legislature by February 15 22.13 each year. 22.14 Sec. 10. Minnesota Statutes 1998, section 122A.68, 22.15 subdivision 1, is amended to read: 22.16 Subdivision 1. [ESTABLISHMENT.] A school district with a 22.17 teaching residency plan approved by the board of teaching may 22.18 hire graduates of approved Minnesota teacher preparation 22.19 programs as teaching residents. A district shall employ each 22.20 resident for one school year. The district and the resident may 22.21 agree to extend the residency for one additional school year. A 22.22 school may employ no more than one teaching resident for every 22.23 eight full-time equivalent licensed teachers.No more than 60022.24eligible teachers may be employed as teacher residents in any22.25one school year.22.26 Sec. 11. Minnesota Statutes 1998, section 122A.68, 22.27 subdivision 7, is amended to read: 22.28 Subd. 7. [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] The 22.29 board of teaching mustdevelopmaintain for teachers of students 22.30 in prekindergarten through grade 12, model teaching residency 22.31 outcomes and assessments, and mentoring programs. 22.32 Sec. 12. Minnesota Statutes 1998, section 122A.69, is 22.33 amended to read: 22.34 122A.69 [PRACTICE ORSTUDENT TEACHERS.] 22.35 The board may, by agreements with teacher preparing 22.36 institutions, arrange for classroom experience in the district 23.1 forpractice orstudent teachers who have completed not less 23.2 than two years of an approved teacher education program.Such23.3practiceStudent teachers must be provided with appropriate 23.4 supervision by a fully qualified teacher under rules promulgated 23.5 by the board.PracticeStudent teachers are deemed employees of 23.6 the school district in which they are rendering services for 23.7 purposes of workers' compensation; liability insurance, if 23.8 provided for other district employees in accordance with section 23.9 123B.23; and legal counsel in accordance with the provisions of 23.10 section 123B.25. 23.11 Sec. 13. Minnesota Statutes 1998, section 122A.70, 23.12 subdivision 2, is amended to read: 23.13 Subd. 2. [APPLICATIONS.] The board of teaching must make 23.14 application forms available to sites interested in developing or 23.15 expanding a mentorship program. A school district, a group of 23.16 school districts, or a coalition of districts, teachers and 23.17 teacher education institutions may apply for a teacher 23.18 mentorship program grant. The board of teaching, in23.19consultation with the teacher mentoring task force,must approve 23.20 or disapprove the applications. To the extent possible, the 23.21 approved applications must reflect effective mentoring 23.22 components, include a variety of coalitions and be 23.23 geographically distributed throughout the state. The board of 23.24 teaching must encourage the selected sites to consider the use 23.25 of its assessment procedures. 23.26 Sec. 14. Minnesota Statutes 1998, section 122A.91, is 23.27 amended to read: 23.28 122A.91 [DESIGNATED STATE OFFICIAL.] 23.29 For the purposes of the agreement set forth in section 23.30 122A.90, the designated state official for this state is the 23.31commissioner of children, families, and learningexecutive 23.32 secretary of the board of teaching. 23.33 Sec. 15. Minnesota Statutes 1998, section 122A.92, is 23.34 amended to read: 23.35 122A.92 [RECORD OF CONTRACTS.] 23.36 Two copies of all contracts made on behalf of this state 24.1 pursuant to the agreement set forth in section 122A.90 must be 24.2 kept on file in the office of thecommissioner of children,24.3families, and learningboard of teaching. 24.4 Sec. 16. [REVISOR INSTRUCTION.] 24.5 In the next and subsequent editions of Minnesota Statutes 24.6 and Minnesota Rules, the revisor of statutes shall renumber 24.7 Minnesota Statutes, section 122A.61, subdivision 2, as Minnesota 24.8 Statutes, section 124D.311. The revisor shall also make 24.9 necessary cross-reference changes consistent with the 24.10 renumbering. 24.11 Sec. 17. [REPEALER.] 24.12 Minnesota Statutes 1998, sections 122A.162; 122A.163; 24.13 122A.19, subdivision 2; 122A.32; 122A.40, subdivision 6; 24.14 122A.41, subdivision 3; 122A.49; 122A.52; 122A.53; 122A.54; 24.15 122A.55; 122A.56; 122A.57; 122A.71; 122A.72, subdivisions 1, 2, 24.16 3, and 5; and 122A.75; and Minnesota Statutes 1999 Supplement, 24.17 section 122A.72, subdivision 4, are repealed. 24.18 Sec. 18. [EFFECTIVE DATE.] 24.19 Sections 1 to 17 are effective for the 2000-2001 school 24.20 year and later. 24.21 ARTICLE 5 24.22 SCHOOL DISTRICTS; FORMS FOR ORGANIZING 24.23 Section 1. Minnesota Statutes 1999 Supplement, section 24.24 123A.06, subdivision 1, is amended to read: 24.25 Subdivision 1. [PROGRAM FOCUS.](a) The programs and24.26services of a center must focus on academic and learning skills,24.27applied learning opportunities, trade and vocational skills,24.28work-based learning opportunities, work experience, youth24.29service to the community, transition services, and English24.30language and literacy programs for children whose primary24.31language is a language other than English. Applied learning,24.32work-based learning, and service learning may best be developed24.33in collaboration with a local education and transitions24.34partnership, culturally based organizations, mutual assistance24.35associations, or other community resources. In addition to24.36offering programs, the center shall coordinate the use of other25.1available educational services, special education services,25.2social services, health services, and post-secondary25.3institutions in the community and services area.25.4(b)Consistent with the requirements of sections 121A.40 to 25.5 121A.56, a school district may provide an alternative education 25.6 program for a student who is within the compulsory attendance 25.7 age under section 120A.20, and who is involved in severe or 25.8 repeated disciplinary action. 25.9 Sec. 2. [REPEALER.] 25.10 Minnesota Statutes 1998, sections 123A.15, subdivision 1; 25.11 123A.35; 123A.36, subdivisions 3, 4, 5, 6, 7, 8, 9, 10, and 11; 25.12 123A.37; 123A.38; 123A.39; 123A.40; 123A.41, subdivisions 1 and 25.13 4; and 123A.43; and Minnesota Statutes 1999 Supplement, sections 25.14 123A.30, subdivision 6; and 123A.36, subdivisions 1 and 2, are 25.15 repealed. 25.16 Sec. 3. [EFFECTIVE DATE.] 25.17 Sections 1 and 2 are effective for the 2000-2001 school 25.18 year and later. 25.19 ARTICLE 6 25.20 SCHOOL DISTRICT POWERS AND DUTIES 25.21 Section 1. Minnesota Statutes 1998, section 123B.02, 25.22 subdivision 1, is amended to read: 25.23 Subdivision 1. [BOARD AUTHORITY.] The board must have the 25.24 general charge of the business of the district, the school 25.25 houses, and of the interests of the schools thereof. The 25.26 board's authority to govern and manage the district, to carry 25.27 out its duties and responsibilities, and to conduct the business 25.28 of the district includes implied powers in addition to any 25.29 specific powers granted by the legislature. 25.30 Sec. 2. Minnesota Statutes 1998, section 123B.04, 25.31 subdivision 2, is amended to read: 25.32 Subd. 2. [AGREEMENT.] (a) Either the school board or 25.33 theschoolsite decision-making team may request that the school 25.34 board enter into an agreement with aschoolsite decision-making 25.35 team concerning the governance, management, or control of the 25.36 school. A school site decision-making team may includethe26.1school principal,teachers in the school or their designee, 26.2 other employees in the school, parents of pupils in the school, 26.3 representatives of pupils in the school, or other members in the 26.4 community.The school site decision-making team shall include26.5the school principal or other person having general control and26.6supervision of the school.A principal employed at a school 26.7 must be a member of the site decision-making team. A school 26.8 district must provide notice to parents about site 26.9 decision-making teams and inform parents about how to be 26.10 involved with the site decision-making team. The site 26.11 decision-making team must reflect the diversity of the student 26.12 body of the education site. No more than one-half of the 26.13 members shall be employees of the district. 26.14 (b) School site decision-making agreements must delegate 26.15 powers, duties, and broad management responsibilities to site 26.16 teams and involve staff members, students as appropriate, and 26.17 parents in decision making. 26.18 (c) An agreement shall include a statement of powers, 26.19 duties, responsibilities, and authority to be delegated to and 26.20 within the site. 26.21 (d) An agreement may include: 26.22 (1) an achievement contract according to subdivision 4; 26.23 (2) a mechanism to allow principals, or other persons 26.24 having general control and supervision of the school, to make 26.25 decisions regarding how financial and personnel resources are 26.26 best allocated at the site and from whom goods or services are 26.27 purchased; 26.28 (3) a mechanism to implement parental involvement programs 26.29 under section 124D.895 and to provide for effective parental 26.30 communication and feedback on this involvement at the site 26.31 level; 26.32 (4) a provision that would allow the team to determine who 26.33 is hired into licensed and nonlicensed positions; 26.34 (5) a provision that would allow teachers to choose the 26.35 principal or other person having general control; 26.36 (6) an amount of revenue allocated to the site under 27.1 subdivision 3; and 27.2 (7) any other powers and duties determined appropriate by 27.3 the board. 27.4 The school board of the district remains the legal employer 27.5 under clauses (4) and (5). 27.6 (e) Any powers or duties not delegated to the school site 27.7 management team in the school site management agreement shall 27.8 remain with the school board. 27.9(f) Approved agreements shall be filed with the27.10commissioner. If a school board denies a request to enter into27.11a school site management agreement, it shall provide a copy of27.12the request and the reasons for its denial to the commissioner.27.13 Sec. 3. Minnesota Statutes 1998, section 123B.04, 27.14 subdivision 5, is amended to read: 27.15 Subd. 5. [COMMISSIONER'S ROLE.] The commissioner of 27.16 children, families, and learning, in consultation with 27.17 appropriate educational organizations, shall:, 27.18(1)upon request, provide technical support for districts 27.19 and sites with agreements under this section;. 27.20(2) conduct and compile research on the effectiveness of27.21site decision making; and27.22(3) periodically report on and evaluate the effectiveness27.23of site management agreements on a statewide basis.27.24 Sec. 4. Minnesota Statutes 1998, section 123B.143, 27.25 subdivision 1, is amended to read: 27.26 Subdivision 1. [CONTRACT; DUTIES.] All districts 27.27 maintaining a classified secondary school must employ a 27.28 superintendent who shall be an ex officio nonvoting member of 27.29 the school board. The authority for selection and employment of 27.30 a superintendent must be vested in the board in all cases. An 27.31 individual employed by a board as a superintendent shall have an 27.32 initial employment contract for a period of time no longer than 27.33 three years from the date of employment. Any subsequent 27.34 employment contract must not exceed a period of three years. A 27.35 board, at its discretion, may or may not renew an employment 27.36 contract. A board must not, by action or inaction, extend the 28.1 duration of an existing employment contract. Beginning 365 days 28.2 prior to the expiration date of an existing employment contract, 28.3 a board may negotiate and enter into a subsequent employment 28.4 contract to take effect upon the expiration of the existing 28.5 contract. A subsequent contract must be contingent upon the 28.6 employee completing the terms of an existing contract. If a 28.7 contract between a board and a superintendent is terminated 28.8 prior to the date specified in the contract, the board may not 28.9 enter into another superintendent contract with that same 28.10 individual that has a term that extends beyond the date 28.11 specified in the terminated contract. A board may terminate a 28.12 superintendent during the term of an employment contract for any 28.13 of the grounds specified in section 122A.40, subdivision 9 or 13. 28.14 A superintendent shall not rely upon an employment contract with 28.15 a board to assert any other continuing contract rights in the 28.16 position of superintendent under section 122A.40. 28.17 Notwithstanding the provisions of sections 122A.40, subdivision 28.18 10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 28.19 individual shall have a right to employment as a superintendent 28.20 based on order of employment in any district. If two or more 28.21 districts enter into an agreement for the purchase or sharing of 28.22 the services of a superintendent, the contracting districts have 28.23 the absolute right to select one of the individuals employed to 28.24 serve as superintendent in one of the contracting districts and 28.25 no individual has a right to employment as the superintendent to 28.26 provide all or part of the services based on order of employment 28.27 in a contracting district. The superintendent of a district 28.28 shallperform the following:28.29(1) visit and supervise the schools in the district, report28.30and make recommendations about their condition when advisable or28.31on request by the board;28.32(2) recommend to the board employment and dismissal of28.33teachers;28.34(3) superintend school grading practices and examinations28.35for promotions;28.36(4)make reports required by the commissioner;29.1(5) by January 10, submit an annual report to the29.2commissioner in a manner prescribed by the commissioner, in29.3consultation with school districts, identifying the expenditures29.4that the district requires to ensure an 80 percent and a 9029.5percent student passage rate on the basic standards test taken29.6in the eighth grade, identifying the amount of expenditures that29.7the district requires to ensure a 99 percent student passage29.8rate on the basic standards test by 12th grade, and how much the29.9district is cross-subsidizing programs with special education,29.10compensatory, and general education revenue;and 29.11(6)performotherduties prescribed by the board. 29.12 Sec. 5. Minnesota Statutes 1998, section 123B.147, as 29.13 amended by Laws 1998, chapter 398, article 5, section 55, is 29.14 amended to read: 29.15 123B.147 [PRINCIPALS.] 29.16 Subdivision 1. [PRINCIPAL MAY SUPERVISE SCHOOL BUILDING.] 29.17 Each public school building, as defined by section 120A.05, 29.18 subdivisions 9, 11, and 13, in an independent district may be 29.19 under the supervision of a principal who is assigned to that 29.20 responsibility by the board of education in that district upon 29.21 the recommendation of the superintendent of schools of that 29.22 district. If pupils in kindergarten through grade 12 attend 29.23 school in one building, one principal, who holds either an 29.24 elementary or a secondary principal's license, may supervise the 29.25 building. 29.26 Subd. 2. [VALID PRINCIPAL LICENSE REQUIRED.] Each 29.27 principalassigned the responsibilityresponsible forthe29.28supervision ofsupervising a school building shall hold a valid 29.29 license in the assigned position of supervision and 29.30 administration as established by the rules of the commissioner 29.31 of children, families, and learning. 29.32 Subd. 3. [PRINCIPALS' DUTIES.] The principal shall provide 29.33administrative, supervisory, and instructional leadership29.34services, under the supervision of the superintendent of schools29.35of the district and in accordance with the policies, rules, and29.36regulations of the board of education, for the planning,30.1management, operation, and evaluation of the education program30.2of the building or buildings to which the principal is30.3assignedsuch services as determined by the employing school 30.4 district or charter school. 30.5 Sec. 6. Minnesota Statutes 1999 Supplement, section 30.6 123B.36, subdivision 1, is amended to read: 30.7 Subdivision 1. [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 30.8 purposes of this subdivision, "home school" means a home school 30.9 as defined in sections 120A.22 and 120A.24 with five or fewer 30.10 students receiving instruction. 30.11 (b) A school board is authorized to require payment of fees 30.12 in the following areas: 30.13 (1) in any program where the resultant product, in excess 30.14 of minimum requirements and at the pupil's option, becomes the 30.15 personal property of the pupil; 30.16 (2) admission fees or charges for extra curricular 30.17 activities, where attendance is optional and where the admission 30.18 fees or charges a student must pay to attend or participate in 30.19 an extracurricular activity is the same for all students, 30.20 regardless of whether the student is enrolled in a public or a 30.21 home school; 30.22 (3) a security deposit for the return of materials, 30.23 supplies, or equipment; 30.24 (4) personal physical education and athletic equipment and 30.25 apparel, although any pupil may personally provide it if it 30.26 meets reasonable requirements and standards relating to health 30.27 and safety established by the board; 30.28 (5) items of personal use or products that a student has an 30.29 option to purchase such as student publications, class rings, 30.30 annuals, and graduation announcements; 30.31 (6) fees specifically permitted by any other statute, 30.32 including but not limited to section 171.05, subdivision 2; 30.33 provided (i) driver education fees do not exceed the actual cost 30.34 to the school and school district of providing driver education, 30.35 and (ii) the driver education courses are open to enrollment to 30.36 persons between the ages of 15 and 18 who reside or attend 31.1 school in the school district; 31.2 (7) field trips considered supplementary to a district 31.3 educational program; 31.4 (8) any authorized voluntary student health and accident 31.5 benefit plan; 31.6 (9) for the use of musical instruments owned or rented by 31.7 the district, a reasonable rental fee not to exceed either the 31.8 rental cost to the district or the annual depreciation plus the 31.9 actual annual maintenance cost for each instrument; 31.10 (10) transportation of pupils to and from extra curricular 31.11 activities conducted at locations other than school, where 31.12 attendance is optional; 31.13 (11) transportation of pupils to and from school for which 31.14 aid for fiscal year 1996 is not authorized under Minnesota 31.15 Statutes 1994, section 124.223, subdivision 1, and for which 31.16 levy for fiscal year 1996 is not authorized under Minnesota 31.17 Statutes 1994, section 124.226, subdivision 5, if a district 31.18 charging fees for transportation of pupils establishes 31.19 guidelines for that transportation to ensure that no pupil is 31.20 denied transportation solely because of inability to pay; 31.21 (12) motorcycle classroom education courses conducted 31.22 outside of regular school hours; provided the charge must not 31.23 exceed the actual cost of these courses to the school district; 31.24 (13) transportation to and from post-secondary institutions 31.25 for pupils enrolled under the post-secondary enrollment options 31.26 program under section 123B.88, subdivision 22. Fees collected 31.27 for this service must be reasonable and must be used to reduce 31.28 the cost of operating the route. Families who qualify for 31.29 mileage reimbursement under section 124D.09, subdivision 22, may 31.30 use their state mileage reimbursement to pay this fee. If no 31.31 fee is charged, districts must allocate costs based on the 31.32 number of pupils riding the route; and 31.33 (14) admission fees or charges to a part-time student other 31.34 than a student participating in the graduation incentives 31.35 program under section 124D.68 or a student receiving instruction 31.36 under section 125A.03 who is over the age of 21 or who has 32.1 graduated from high school for attending a class or a program at 32.2 a secondary school. 32.3 Sec. 7. Minnesota Statutes 1999 Supplement, section 32.4 123B.43, is amended to read: 32.5 123B.43 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 32.6 (a) The commissioner shall assure that textbooks and 32.7 individualized instructional materials loaned to nonpublic 32.8 school pupils are secular, neutral, nonideological and that they 32.9 are incapable of diversion for religious use. 32.10 (b) Textbooks and individualized instructional materials 32.11 must not be used in religious courses, devotional exercises, 32.12 religious training or any other religious activity. 32.13 (c) Textbooks and individualized instructional materials 32.14 must be loaned only to individual pupils upon the request of a 32.15 parent or guardian or the pupil on a form designated for this 32.16 use by the commissioner. The request forms shall provide for 32.17 verification by the parent or guardian or pupil that the 32.18 requested textbooks and individualized instructional materials 32.19 are for the use of the individual pupil in connection with a 32.20 program of instruction in the pupil's elementary or secondary 32.21 school. 32.22(d) The servicing school district or the intermediary32.23service area must take adequate measures to ensure an accurate32.24and periodic inventory of all textbooks and individualized32.25instructional materials loaned to elementary and secondary32.26school pupils attending nonpublic schools. The commissioner of32.27children, families, and learning shall promulgate rules under32.28the provisions of chapter 14 to terminate the eligibility of any32.29nonpublic school pupil if the commissioner determines, after32.30notice and opportunity for hearing, that the textbooks or32.31individualized instructional materials have been used in a32.32manner contrary to the provisions of section 123B.41,32.33subdivision 5, 123B.42, or this section or any rules promulgated32.34by the commissioner of children, families, and learning.32.35 (e) Nothing contained in section 123B.41, subdivision 5, 32.36 123B.42, or this section shall be construed to authorize the 33.1 making of any payments to a nonpublic school or its faculty, 33.2 staff or administrators for religious worship or instruction or 33.3 for any other purpose. 33.4 Sec. 8. Minnesota Statutes 1998, section 123B.49, 33.5 subdivision 1, is amended to read: 33.6 Subdivision 1. [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 33.7Whenever it appears to be beneficial and for the best interest33.8of the district and the pupils of the district to carry on any33.9school sport activities or educational activities connected with33.10their studies outside of the territorial limits of the district,33.11 The board may authorizesuchschool sport or educational 33.12 activitiesto beconducted outside of the territorial limits of 33.13 the district under such rules and regulations as the board deems 33.14 sufficient. The district may pay all necessary coststherefor, 33.15 including transportation, from the district funds available. 33.16 Sec. 9. Minnesota Statutes 1999 Supplement, section 33.17 123B.49, subdivision 4, is amended to read: 33.18 Subd. 4. [BOARDCONTROLAUTHORIZATION OF EXTRACURRICULAR 33.19 ACTIVITIES.] (a) The board maytake charge of and control33.20 authorize all extracurricular activities of the teachers and 33.21 children of the public schools in the district. Extracurricular 33.22 activities means all direct and personal services for pupils for 33.23 their enjoyment that are managed and operated under the guidance 33.24 of an adult or staff member. The board shall allow all resident 33.25 pupils receiving instruction in a home school as defined in 33.26 section 123B.36, subdivision 1, paragraph (a), to be eligible to 33.27 fully participate in extracurricular activities on the same 33.28 basis as public school students. 33.29 (b) Extracurricular activities have all of the following 33.30 characteristics: 33.31 (1) they are not offered for school credit nor required for 33.32 graduation; 33.33 (2) they are generally conducted outside school hours, or 33.34 if partly during school hours, at times agreed by the 33.35 participants, and approved by school authorities; 33.36 (3) the content of the activities is determined primarily 34.1 by the pupil participants under the guidance of a staff member 34.2 or other adult. 34.3 (c) If the board does nottake charge of and control34.4 authorize extracurricular activities, these activities shall be 34.5 self-sustaining with all expenses, except direct salary costs 34.6 and indirect costs of the use of school facilities, met by dues, 34.7 admissions, or other student fundraising events. The general 34.8 fund must reflect only those salaries directly related to and 34.9 readily identified with the activity and paid by public funds. 34.10 Other revenues and expenditures for extra curricular activities 34.11 must be recorded according to the "Manual of Instruction for 34.12 Uniform Student Activities Accounting for Minnesota School 34.13 Districts and Area Vocational-Technical Colleges." 34.14 Extracurricular activities not under board control must have an 34.15 annual financial audit and must also be audited annually for 34.16 compliance with this section. 34.17 (d) If the boardtakes charge of and controlsauthorizes 34.18 extracurricular activities, any or all costs of these activities 34.19 may be provided from school revenues and all revenues and 34.20 expenditures for these activities shall be recorded in the same 34.21 manner as other revenues and expenditures of the district. 34.22 (e) If the boardtakes charge of and controlsauthorizes 34.23 extracurricular activities, the teachers or pupils in the 34.24 district must not participate in such activity, nor shall the 34.25 school name or any allied name be used in connection therewith, 34.26 except by consent and direction of the board. 34.27 Sec. 10. Minnesota Statutes 1998, section 123B.51, 34.28 subdivision 1, is amended to read: 34.29 Subdivision 1. [SITES.] According to section 126C.40, 34.30 subdivision 1, or 465.71, when funds are available, the board 34.31 may locate and acquire necessary sites ofschoolhousesschools 34.32 or enlargements, or additions to existingschoolhousesites by 34.33 lease, purchase or condemnation under the right of eminent 34.34 domain; it may erectschoolhousesschools on the sites; it may 34.35 erect or purchase garages for district-owned school buses. When 34.36 property is taken by eminent domain by authority of this 35.1 subdivision when needed by the district for such purposes, the 35.2 fact that the property has been acquired by the owner under the 35.3 power of eminent domain or is already devoted to public use, 35.4 shall not prevent its acquisition by the district. The board 35.5 may sell or exchangeschoolhousesschools or sites, and execute 35.6 deeds of conveyance thereof. 35.7 Sec. 11. Minnesota Statutes 1998, section 123B.51, 35.8 subdivision 5, is amended to read: 35.9 Subd. 5. [SCHOOLHOUSESCHOOL CLOSING.] The board may close 35.10 aschoolhouseschool only after a public hearing on the question 35.11 of the necessity and practicability of the proposed closing. 35.12 Published notice of the hearing shall be given for two weeks in 35.13 the official newspaper of the district. The time and place of 35.14 the meeting, the description and location of theschoolhouse35.15 school, and a statement of the reasons for the closing must be 35.16 specified in the notice. Parties requesting to give testimony 35.17 for and against the proposal shall be heard by the board before 35.18 it makes a final decision to close or not to close 35.19 theschoolhouseschool. 35.20 Sec. 12. Minnesota Statutes 1998, section 123B.83, 35.21 subdivision 1, is amended to read: 35.22 Subdivision 1. [REDUCE STATUTORY OPERATING DEBT.] (a) 35.23Beginning in fiscal year 1978 and in each year thereafter,A 35.24 district which had statutory operating debt on June 30, 1977 35.25 pursuant to section 126C.42 must limit its expenditures in each 35.26 fiscal year so that the amount of its statutory operating debt 35.27 calculated at the end of that fiscal year is not greater than 35.28 the amount of the district's statutory operating debt as of June 35.29 30, 1977, as certified and adjusted by the commissioner, 35.30 increased by an amount equal to 2-1/2 percent of that district's 35.31 operating expenditures for the fiscal year for which the 35.32 statutory operating debt calculation is being made. 35.33 (b) When a district is no longer required to levy pursuant 35.34 to section 126C.42, subdivision 1, subdivision 2 is applicable. 35.35 Sec. 13. Minnesota Statutes 1998, section 123B.90, 35.36 subdivision 1, is amended to read: 36.1 Subdivision 1. [SCHOOL BUS SAFETY WEEK.] The third week of 36.2 school is designated as school bus safety week. 36.3A school board may designate one day of school bus safety36.4week as school bus driver day.36.5 Sec. 14. Minnesota Statutes 1999 Supplement, section 36.6 123B.90, subdivision 2, is amended to read: 36.7 Subd. 2. [STUDENT TRAINING.] (a) Each district and each 36.8 nonpublic school that has pupils transported by school bus 36.9 within the district's boundary at public expense must provide 36.10public schoolpupilsenrolledingradeskindergarten through 36.11 grade 10 with age-appropriate school bus safety training. The 36.12 trainingmust be results-oriented and shallmust consist of both 36.13 classroom instruction and practical training using a school 36.14 bus. Upon completing the training, a student shall be able to36.15demonstrate knowledge and understanding of at least the36.16following competencies and conceptsthat encompass at least the 36.17 following: 36.18 (1) transportation by school bus is a privilege and not a 36.19 right; 36.20 (2) district policies for student conduct and school bus 36.21 safety; 36.22 (3) appropriate conduct while on the school bus consistent 36.23 with school discipline policies; 36.24 (4) the danger zones surrounding a school bus; 36.25 (5) procedures for safely boarding and leaving a school 36.26 bus; 36.27 (6) procedures for safe street or road crossing; 36.28 (7) school bus evacuation and other emergency procedures; 36.29 and 36.30 (8) appropriate training on the use of lap belts or lap and 36.31 shoulder belts, if the district uses buses equipped with lap 36.32 belts or lap and shoulder belts. 36.33 (b)Each nonpublic school located within the district must36.34provide all nonpublic school pupils enrolled in grades36.35kindergarten through 10 who are transported by school bus at36.36public expense and attend school within the district's37.1boundaries with training as required in paragraph (a).The 37.2 school district shall make a bus available to the nonpublic 37.3 school for the practical training if the district transports the 37.4 nonpublic students. Each nonpublic school shall provide the 37.5 instruction. 37.6 (c)All students enrolled in grades kindergarten through 337.7who are transported by school bus and are enrolled during the37.8first or second week of school must demonstrate achievement of37.9the school bus safety training competencies by the end of the37.10third week of school. All students enrolled in grades 4 through37.1110 who are transported by school bus and are enrolled during the37.12first or second week of school must demonstrate achievement of37.13the competencies by the end of the sixth week of school.37.14Students enrolled in grades kindergarten through 10 who enroll37.15in a school after the second week of school and are transported37.16by school bus shall undergo school bus safety training and37.17demonstrate achievement of the school bus safety competencies37.18within four weeks of the first day of attendance. The pupil37.19transportation safety director in each district must certify to37.20the commissioner annually that all students transported by37.21school bus within the district have satisfactorily demonstrated37.22knowledge and understanding of the school bus safety37.23competencies according to this section or provide an explanation37.24for a student's failure to demonstrate the competencies. The37.25principal or other chief administrator of each nonpublic school37.26must certify annually to the public transportation safety37.27director of the district in which the school is located that all37.28of the school's students transported by school bus at public37.29expense have received training. A district may deny37.30transportation to a student who fails to demonstrate the37.31competencies, unless the student is unable to achieve the37.32competencies due to a disability, or to a student who attends a37.33nonpublic school that fails to provide training as required by37.34this subdivision.37.35(d) A district and a nonpublic school with students37.36transported by school bus at public expense must, to the extent38.1possible, provide kindergarten pupils with bus safety training38.2before the first day of school.38.3(e)A district and a nonpublic school with students 38.4 transported by school bus at public expense must also provide 38.5 student safety education for bicycling and pedestrian safety, 38.6 for students enrolled in grades kindergarten through 5. 38.7(f)(d) A district and a nonpublic school with students 38.8 transported by school bus at public expense must make reasonable 38.9 accommodations for the school bus, bicycle, and pedestrian 38.10 safety training of pupils known to speak English as a second 38.11 language and pupils with disabilities. 38.12 Sec. 15. Minnesota Statutes 1999 Supplement, section 38.13 123B.91, subdivision 1, is amended to read: 38.14 Subdivision 1. [COMPREHENSIVE POLICY.] Each district must 38.15 develop and implement a comprehensive, written policy governing 38.16 pupil transportation safety, including transportation of 38.17 nonpublic school students, when applicable. The policy shall, 38.18 at minimum, contain: 38.19 (1) provisions for appropriate student bus safety training 38.20 under section 123B.90; 38.21 (2) rules governing student conduct on school buses and in 38.22 school bus loading and unloading areas; 38.23 (3) a statement of parent or guardian responsibilities 38.24 relating to school bus safety; 38.25 (4) provisions for notifying students and parents or 38.26 guardians of their responsibilities and the rules, including the 38.27 district's seat belt policy, if applicable; 38.28 (5) an intradistrict system for reporting school bus 38.29 accidents or misconduct and a system for dealing with local law 38.30 enforcement officials in cases of criminal conduct on a school 38.31 bus; 38.32 (6) a discipline policy to address violations of school bus 38.33 safety rules, including procedures for revoking a student's bus 38.34 riding privileges in cases of serious or repeated misconduct; 38.35 (7) a system for integrating school bus misconduct records 38.36 with other discipline records; 39.1 (8) a statement of bus driver duties; 39.2 (9) planned expenditures for safety activities under 39.3 section 123B.89 and, where applicable, provisions governing bus 39.4 monitor qualifications, training, and duties; 39.5 (10) rules governing the use and maintenance of type III 39.6 vehicles, drivers of type III vehicles, qualifications to drive 39.7 a type III vehicle, qualifications for a type III vehicle and 39.8 the circumstances under which a student may be transported in a 39.9 type III vehicle; 39.10 (11) operating rules and procedures; 39.11 (12) provisions for annual bus driver in-service training 39.12 and evaluation; 39.13 (13) emergency procedures; 39.14 (14) a system for maintaining and inspecting equipment; 39.15 (15) requirements of the school district, if any, that 39.16 exceed state law minimum requirements for school bus operations; 39.17 and 39.18 (16) requirements for basic first aid training, which must 39.19 include the Heimlich maneuver and procedures for dealing with 39.20 obstructed airways, shock, bleeding, and seizures. 39.21Districts are encouraged to use the model policy developed39.22by the Minnesota school boards association, the department of39.23public safety, and the department of children, families, and39.24learning, as well as the current edition of the "National39.25Standards for School Buses and Operations" published by the39.26National Safety Council, in developing safety policies.Each 39.27 district shall review its policy annually and make appropriate 39.28 amendments, which must be submitted to the school bus safety39.29advisory committee within one month of approval by the school39.30board. 39.31 Sec. 16. [REPEALER.] 39.32 Minnesota Statutes 1998, sections 123B.02, subdivisions 5, 39.33 10, 11, and 13; 123B.11; 123B.15; 123B.16; 123B.17; 123B.18; 39.34 123B.19; 123B.744; 123B.93; and 123B.95, subdivision 3; and 39.35 Minnesota Statutes 1999 Supplement, section 123B.02, subdivision 39.36 9, are repealed. 40.1 Sec. 17. [EFFECTIVE DATE.] 40.2 Sections 1 to 16 are effective for the 2000-2001 school 40.3 year and later. 40.4 ARTICLE 7 40.5 EDUCATION PROGRAMS 40.6 Section 1. Minnesota Statutes 1998, section 124D.02, 40.7 subdivision 1, is amended to read: 40.8 Subdivision 1. [KINDERGARTEN INSTRUCTION.] The boardmay40.9establish and maintain one or more kindergartens for the40.10instruction of children and after July 1, 1974,shall provide 40.11 kindergarten instruction for all eligible children, either in 40.12 the district or in another district. All children to be 40.13 eligible for kindergarten must be at least five years of age on 40.14 September 1 of the calendar year in which the school year 40.15 commences. In addition all children selected under an early40.16admissions policy established by the school board may be40.17admitted. Nothing in this section shall prohibit a school40.18district from establishing head start, prekindergarten, or40.19nursery school classes for children below kindergarten age, 40.20 consistent with section 120A.20, subdivision 1. Any school 40.21 board with evidence that providing kindergarten will cause an 40.22 extraordinary hardship on the school district may apply to the 40.23 commissioner of children, families, and learning for an 40.24 exception. 40.25 Sec. 2. Minnesota Statutes 1998, section 124D.03, 40.26 subdivision 3, is amended to read: 40.27 Subd. 3. [PUPIL APPLICATION PROCEDURES.] In order that a 40.28 pupil may attend a school or program in a nonresident district, 40.29 the pupil's parent or guardian must submit an application to the 40.30 nonresident district.Before submitting an application, the40.31pupil and the pupil's parent or guardian must explore with a40.32school guidance counselor, or other appropriate staff member40.33employed by the district the pupil is currently attending, the40.34pupil's academic or other reason for applying to enroll in a40.35nonresident district. The pupil's application must identify the40.36reason for enrolling in the nonresident district.The parent or 41.1 guardian of a pupil must submit an application by January 15 for 41.2 initial enrollment beginning the following school year. The 41.3 application must be on a form provided by the department of 41.4 children, families, and learning. A particular school or 41.5 program may be requested by the parent. Once enrolled in a 41.6 nonresident district, the pupil may remain enrolled and is not 41.7 required to submit annual or periodic applications. To return 41.8 to the resident district or to transfer to a different 41.9 nonresident district, the parent or guardian of the pupil must 41.10 provide notice to the resident district or apply to a different 41.11 nonresident district byJanuary 15June 1 for enrollment 41.12 beginning the following school year. Each district must accept 41.13 or reject an application it receives and notify the parent or 41.14 guardian in writing within 30 calendar days of receiving the 41.15 application. A notification of acceptance must include the date 41.16 enrollment can begin. Within ten days of receiving the 41.17 notification from the nonresident district, the parent or 41.18 guardian must inform the nonresident district whether the pupil 41.19 intends to enroll in the nonresident district. 41.20 Sec. 3. Minnesota Statutes 1998, section 124D.09, 41.21 subdivision 5, is amended to read: 41.22 Subd. 5. [AUTHORIZATION; NOTIFICATION.]Notwithstanding41.23any other law to the contrary,An 11th or 12th grade pupil 41.24 enrolled in a school or an American Indian-controlled tribal 41.25 contract or grant school eligible for aid under section 124D.83, 41.26 except a foreign exchange pupil enrolled in a district under a 41.27 cultural exchange program, may apply to an eligible institution, 41.28 as defined in subdivision 3, to enroll in nonsectarian courses 41.29 offered by that post-secondary institution. If an institution 41.30 accepts a secondary pupil for enrollment under this section, the 41.31 institution shall send written notice to the pupil, the pupil's 41.32 school or school district, and the commissioner within ten days 41.33 of acceptance. The notice must indicate the course and hours of 41.34 enrollment of that pupil. If the pupil enrolls in a course for 41.35 post-secondary credit, the institution must notify the pupil 41.36 about payment in the customary manner used by the institution. 42.1 Sec. 4. Minnesota Statutes 1998, section 124D.09, 42.2 subdivision 6, is amended to read: 42.3 Subd. 6. [COUNSELINGPARENTAL CONSENT.]To the extent42.4possible, the school or school district must provide counseling42.5services to pupils and their parents or guardian before the42.6pupils enroll in courses under this section to ensure that the42.7pupils and their parents or guardian are fully aware of the42.8risks and possible consequences of enrolling in post-secondary42.9courses. The school or school district must provide information42.10on the program including who may enroll, what institutions and42.11courses are eligible for participation, the decision-making42.12process for granting academic credits, financial arrangements42.13for tuition, books and materials, eligibility criteria for42.14transportation aid, available support services, the need to42.15arrange an appropriate schedule, consequences of failing or not42.16completing a course in which the pupil enrolls, the effect of42.17enrolling in this program on the pupil's ability to complete the42.18required high school graduation requirements, and the academic42.19and social responsibilities that must be assumed by the pupils42.20and their parents or guardian. The person providing counseling42.21shall encourage pupils and their parents or guardian to also use42.22available counseling services at the post-secondary institutions42.23before the quarter or semester of enrollment to ensure that42.24anticipated plans are appropriate.42.25 Prior to enrolling in a course, the pupil and the pupil's 42.26 parents or guardian must sign a form that must be provided by 42.27 the school or school district and may be obtained from a 42.28 post-secondary institution statingthat they have received the42.29information specified in this subdivision andthat they 42.30 understand the responsibilities that must be assumed in 42.31 enrolling in this program. The department must, upon request, 42.32 provide technical assistance to a school or school district in 42.33 developing appropriate forms and counseling guidelines. 42.34 Sec. 5. Minnesota Statutes 1998, section 124D.09, 42.35 subdivision 7, is amended to read: 42.36 Subd. 7. [DISSEMINATION OF INFORMATION; NOTIFICATION OF 43.1 INTENT TO ENROLL.] By March 1 of each year, a district must 43.2 provide general information about the program to all pupils in 43.3 grades 10 and 11.To assist the district in planning, a pupil43.4shall inform the district by March 30 of each year of the43.5pupil's intent to enroll in post-secondary courses during the43.6following school year. A pupil is not bound by notifying or not43.7notifying the district by March 30.43.8 Sec. 6. Minnesota Statutes 1998, section 124D.10, 43.9 subdivision 1, is amended to read: 43.10 Subdivision 1. [PURPOSESEXPECTED OUTCOMES.] (a) 43.11 Thepurpose of this section isexpected outcomes of a charter 43.12 school are to: 43.13 (1) improve pupil learning; 43.14 (2) increase learning opportunities for pupils; 43.15 (3) encourage the use of different and innovative teaching 43.16 methods; 43.17 (4) require the measurement of learning outcomes and create 43.18 different and innovative forms of measuring outcomes; 43.19 (5) establish new forms of accountability for schools; or 43.20 (6) create new professional opportunities for teachers, 43.21 including the opportunity to be responsible for the learning 43.22 program at the school site. 43.23 (b) This section does not provide a means to keep open a 43.24 school that otherwise would be closed. Applicants in these 43.25 circumstances bear the burden of proving that conversion to a 43.26 charter school fulfills a purpose specified in this subdivision, 43.27 independent of the school's closing. 43.28 Sec. 7. Minnesota Statutes 1999 Supplement, section 43.29 124D.10, subdivision 6, is amended to read: 43.30 Subd. 6. [CONTRACT.] The sponsor's authorization for a 43.31 charter school must be in the form of a written contract signed 43.32 by the sponsor and the board of directors of the charter 43.33 school. The contract must be completed within 90 days of the 43.34 commissioner's approval of the sponsor's proposed authorization. 43.35 The contract for a charter school must be in writing and contain 43.36 at least the following: 44.1 (1) a description of a program that carries out one or more 44.2 of thepurposesexpected outcomes in subdivision 1; 44.3 (2) specific outcomes pupils are to achieve under 44.4 subdivision 10; 44.5 (3) admission policies and procedures; 44.6 (4) management and administration of the school; 44.7 (5) requirements and procedures for program and financial 44.8 audits; 44.9 (6) how the school will comply with subdivisions 8, 13, 16, 44.10 and 23; 44.11 (7) assumption of liability by the charter school; 44.12 (8) types and amounts of insurance coverage to be obtained 44.13 by the charter school; 44.14 (9) the term of the contract, which may be up to three 44.15 years; and 44.16 (10) if the board of directors or the operators of the 44.17 charter school provide special instruction and services for 44.18 children with a disability under sections 125A.03 to 125A.24, 44.19 and 125A.65, a description of the financial parameters within 44.20 which the charter school will operate to provide the special 44.21 instruction and services to children with a disability. 44.22 Sec. 8. Minnesota Statutes 1999 Supplement, section 44.23 124D.10, subdivision 15, is amended to read: 44.24 Subd. 15. [REVIEW AND COMMENT.] The department must review 44.25 and comment on the evaluation, by thechartering school district44.26 sponsor, of the performance of a charter school before the 44.27 charter school's contract is renewed.The information from the44.28review and comment shall be reported to the commissioner of44.29children, families, and learning in a timely manner.44.30Periodically, the commissioner shall report trends or44.31suggestions based on the evaluation of charter school contracts44.32to the education committees of the state legislature.44.33 Sec. 9. Minnesota Statutes 1998, section 124D.10, 44.34 subdivision 19, is amended to read: 44.35 Subd. 19. [DISSEMINATEAVAILABLE INFORMATION.] The 44.36sponsor, the operators, and thedepartment of children, 45.1 families, and learning, after consulting with charter school 45.2 sponsors and operators, mustdisseminatemake information 45.3 available to the public on how to form and operate a charter 45.4 school and how to utilize the offerings of a charter 45.5 school.Particular groups to be targeted include low-income45.6families and communities, and students of color.45.7 Sec. 10. Minnesota Statutes 1998, section 124D.115, 45.8 subdivision 3, is amended to read: 45.9 Subd. 3. [PROGRAM REIMBURSEMENT.] (a)State funds are45.10provided to reimburse school breakfasts.Each school year, the 45.11 state must reimburse schools in the amount of 5.1 cents for each 45.12 fully paid breakfast and for each free and reduced price 45.13 breakfast not eligible for the "severe need" rate. 45.14 (b) In addition to paragraph (a), each school year the 45.15 state must reimburse schools 10.5 cents for each free and 45.16 reduced price breakfast not eligible for the "severe need" rate 45.17 if between 33 and 40 percent of the school lunches served during 45.18 the second preceding school year were served free or at a 45.19 reduced price. 45.20 Sec. 11. Minnesota Statutes 1998, section 124D.118, 45.21 subdivision 2, is amended to read: 45.22 Subd. 2. [ESTABLISHMENT; SCHOOL PARTICIPATION.]Each45.23district in the state is encouraged to participate in the45.24state-supported school milk program for kindergartners.45.25 Participating districts must provide one serving of milk on each 45.26 school day to each kindergarten student attending a public or 45.27 nonpublic school in the district.No student is required to45.28accept the milk that is provided by the district.The program 45.29 must be promoted and operated under the direction of the 45.30 commissioner or the commissioner's designee. 45.31 Sec. 12. Minnesota Statutes 1998, section 124D.118, 45.32 subdivision 3, is amended to read: 45.33 Subd. 3. [PROGRAM GUIDELINES; DUTIES OFTHECOMMISSIONER.] 45.34 (a) The commissioner shall: 45.35 (1)encourage all districts to participate in the school45.36milk program for kindergartners;46.1(2) preparemaintain program guidelines, not subject to46.2chapter 14 until July 1, 1998,which will effectively and 46.3 efficiently distribute appropriated and donated money to 46.4 participating districts; and 46.5(3)(2) seek donations and matching funds from appropriate 46.6 private and public sources. 46.7 (b) Program guidelines may provide for disbursement to 46.8 districts through a mechanism of prepayments or by reimbursement 46.9 for approved program expenses. 46.10 Sec. 13. Minnesota Statutes 1999 Supplement, section 46.11 124D.121, is amended to read: 46.12 124D.121 [DEFINITION OF FLEXIBLE LEARNING YEAR PROGRAM.] 46.13 (a) "Flexible learning year program" means any district 46.14 plan approved by the commissioner that utilizes buildings and 46.15 facilities during the entire year or that provides forms of 46.16 optional scheduling of pupils and personnel during the learning 46.17 year in elementary and secondary schools or residential 46.18 facilities for children with a disability. 46.19 (b) An eligible district may operate a flexible learning 46.20 year program in one or more of the district's day or residential 46.21 facilities for children with a disability. 46.22 Sec. 14. Minnesota Statutes 1998, section 124D.128, 46.23 subdivision 1, is amended to read: 46.24 Subdivision 1. [PROGRAM ESTABLISHED.] A learning year 46.25 program provides instruction throughout the year. A pupil may 46.26 participate in the program and accelerate attainment of grade 46.27 level requirements or graduation requirements. A learning year 46.28 program may begin after the close of the regular school year in 46.29 June. The program may be for students in one or more grade 46.30 levels from kindergarten through grade 12. 46.31Students may participate in the program if they reside in:46.32(1) a district that has been designated a learning year46.33site under subdivision 2;46.34(2) a district that is a member of the same education46.35district as a site; or46.36(3) a district that participates in the same area learning47.1center program as a site.47.2 Sec. 15. Minnesota Statutes 1998, section 124D.28, 47.3 subdivision 1, is amended to read: 47.4 Subdivision 1. [MANDATORY COMPONENTSEXPECTATIONS.] The 47.5 expected outcomes of a family connections program must include: 47.6 (1)participation by a designateddesignation of an 47.7 individual as a career teacher, principal-teacher, or counselor 47.8 teacher; 47.9 (2) an increased emphasis on each individual child's unique 47.10 learning and development needs beginning with early childhood 47.11 family education; 47.12 (3)procedures to give the career teacher a major47.13responsibility for leadership of the instructional and47.14noninstructional activities of each child beginning with early47.15childhood family education;47.16(4) procedures to involveincreased involvement of parents 47.17 in the learning and development experiences of their 47.18 children; and 47.19(5) procedures to implement outcome based education by47.20focusing on the needs of the learner;47.21(6) procedures to coordinate and integrate(4) increased 47.22 involvement of the instructional program with all community 47.23 education programs;. 47.24(7) procedures to concentrate career teacher programs at47.25sites that provide early childhood family education and47.26subsequent learning and development programs; and47.27(8) procedures for the district to fund the program.47.28 Sec. 16. Minnesota Statutes 1998, section 124D.34, 47.29 subdivision 4, is amended to read: 47.30 Subd. 4. [FOUNDATION PROGRAMS AND DUTIES.] The foundation 47.31 shall advance applied leadership and intracurricular vocational 47.32 learning experiences for students.These may include, but are47.33not limited to:47.34(1) recognition programs and awards for students47.35demonstrating excellence in applied leadership;47.36(2) summer programs for student leadership, career48.1development, applied academics, and mentorship programs with48.2business and industry;48.3(3) recognition programs for teachers, administrators, and48.4others who make outstanding contributions to school-to-work48.5programs;48.6(4) outreach programs to increase the involvement of urban48.7and suburban students;48.8(5) organized challenges requiring cooperation and48.9competition for secondary and post-secondary students;48.10(6) assistance and training to community teams to increase48.11career awareness and empowerment of youth as community leaders;48.12and48.13(7) assessment and activities in order to plan for and48.14implement continuous improvement.48.15To the extent possible, the foundation shall make these48.16programs available to students in all parts of the state.48.17 Sec. 17. Minnesota Statutes 1998, section 124D.35, is 48.18 amended to read: 48.19 124D.35 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.] 48.20The commissioner shall establishA youth entrepreneurship 48.21 education program toimprove the academic and entrepreneurial48.22skills of students and aid in their transition from school to48.23business creation. The program shall strengthen local economies48.24by creating jobs that enable citizens to remain in their48.25communities andteach youth to create businesses that combine 48.26 academic knowledge with entrepreneurial skills is established to 48.27 expose youth to business creation and to foster cooperation 48.28 among educators, economic development professionals, business 48.29 leaders, and representatives of labor. Assistance under this 48.30 section shall be available to new or existing student-operated 48.31 or school-operated businesses that have an educational purpose, 48.32 and provide service or products for customers or clients who do 48.33 not attend or work at the sponsoring school. The commissioner 48.34 may require an equal local match for assistance under this 48.35 section up to the maximum grant amount of $20,000. 48.36 Sec. 18. Minnesota Statutes 1998, section 124D.37, is 49.1 amended to read: 49.2 124D.37 [PURPOSEEXPECTED OUTCOMES OF THE MINNESOTA YOUTH 49.3 WORKS ACT.] 49.4 Thepurposesexpected outcomes of sections 124D.37 to 49.5 124D.45 are to: 49.6 (1)renew the ethic ofpromote civic responsibility in 49.7 Minnesota; 49.8 (2)empower youth toimprovetheir life opportunities49.9throughyouth literacy, job placement, and other essential life 49.10 skills; 49.11 (3)empower government to meet its responsibility to49.12 prepare young people to be contributing members of society; 49.13 (4)help meet human, educational, environmental, and public49.14safety needs, particularly those needs relating to poverty;49.15(5) prepare a citizenry that is academically competent,49.16ready for work, and socially responsible;49.17(6)demonstrate the connection between youth and meaningful 49.18 communityservice, community service and education, and49.19education and meaningful opportunities in the business community49.20 activities; 49.21(7) demonstrate the connection between providing49.22opportunities for at-risk youth and reducing crime rates and the49.23social costs of troubled youth;49.24(8)(5) create linkages for a comprehensive youth service 49.25 and learning program in Minnesotaincluding school age programs,49.26higher education programs, youth work programs, and service49.27corps programs; and 49.28(9)(6) coordinate federal and state activities that 49.29 advance the purposes in this section. 49.30 Sec. 19. Minnesota Statutes 1998, section 124D.40, 49.31 subdivision 2, is amended to read: 49.32 Subd. 2. [GRANT AUTHORITY.] The commissionand, beginning49.33January 1, 1997, the councilmust use any state appropriation 49.34 and any available federal funds, including any grant received 49.35 under federal law, to award grants to establish programs for 49.36 youth works meeting the requirements of section 124D.41. At 50.1 least one grant each must be available for a metropolitan 50.2 proposal, a rural proposal, and a statewide proposal. If a 50.3 portion of the suburban metropolitan area is not included in the 50.4 metropolitan grant proposal, the statewide grant proposal must 50.5 incorporate at least one suburban metropolitan area.In50.6awarding grants, the commission and, beginning January 1, 1997,50.7the council may select at least one residential proposal and one50.8nonresidential proposal, provided the proposals meet or exceed50.9the criteria in section 124D.41.50.10 Sec. 20. Minnesota Statutes 1998, section 124D.41, is 50.11 amended to read: 50.12 124D.41 [GRANT APPLICATIONS.] 50.13 Subdivision 1. [APPLICATIONS REQUIRED.] An organization 50.14 seeking federal or state grant money under sections 124D.39 to 50.15 124D.44 shall prepare and submit to the commissionand,50.16beginning January 1, 1997, the councilan application that meets 50.17 the requirementsof this sectiondeveloped by the commission. 50.18 The commissionand, beginning January 1, 1997, the councilmust 50.19 develop, and the applying organizations must comply with, the50.20form and manner of the applicationrequirements that meet the 50.21 expected outcomes in section 124D.37. 50.22 Subd. 2. [APPLICATION CONTENT.] An applicant on its 50.23 application must describe how it intends to meet the expected 50.24 outcomes under section 124D.37 and this subdivision, which 50.25 include: 50.26 (1)proposeproposing a program to provide participants the 50.27 opportunity to perform community service to meet specific unmet 50.28 community needs, and participate in classroom, work-based, and 50.29 service-learning; and 50.30 (2)assessassessing the community's unmet educational, 50.31 human, environmental, and public safety needs, the resources and 50.32 programs available for meeting those needs, and how young people 50.33 participated in assessing community needs;. 50.34(3) describe the educational component of the program,50.35including classroom hours per week, classroom time for50.36participants to reflect on the program experience, and51.1anticipated academic outcomes related to the service experience;51.2(4) describe the work to be performed, the ratio of youth51.3participants to crew leaders and mentors, and the expectations51.4and qualifications for crew leaders and mentors;51.5(5) describe local funds or resources available to meet the51.6match requirements of section 124D.44;51.7(6) describe any funds available for the program from51.8sources other than the requested grant;51.9(7) describe any agreements with local businesses to51.10provide participants with work-learning opportunities and51.11mentors;51.12(8) describe any agreement with local post-secondary51.13educational institutions to offer participants course credits51.14for their community service-learning experience;51.15(9) describe any agreement with a local high school or an51.16alternative learning center to provide remedial education,51.17credit for community service work and work-based learning, or51.18graduate equivalency degrees;51.19(10) describe any pay for service or other program delivery51.20mechanism that will provide reimbursement for benefits conferred51.21or recover costs of services participants perform;51.22(11) describe how local resources will be used to provide51.23support and assistance for participants to encourage them to51.24continue with the program, fulfill the terms of the contract,51.25and remain eligible for any postservice benefit;51.26(12) describe the arbitration mechanism for dispute51.27resolution required under section 124D.42, subdivision 2;51.28(13) describe involvement of community leaders in51.29developing broad-based support for the program;51.30(14) describe the consultation and sign-off process to be51.31used with any local labor organization representing employees in51.32the area engaged in work similar to that proposed for the51.33program to ensure that no current employees or available51.34employment positions will be displaced by program participants;51.35(15) certify to the commission and, beginning January 1,51.361997, the council, and to any certified bargaining52.1representatives representing employees of the applying52.2organization that the project will not decrease employment52.3opportunities that would be available without the project; will52.4not displace current employees including any partial52.5displacement in the form of reduced hours of work other than52.6overtime, wages, employment benefits, or regular seasonal work;52.7will not impair existing labor agreements; and will not result52.8in the substitution of project funding for preexisting funds or52.9sources of funds for ongoing work;52.10(16) describe the length of the required service period,52.11which may not be less than six months or more than two years, a52.12method to incorporate a participant's readiness to advance or52.13need for postservice financial assistance into individual52.14service requirements, and any opportunity for participating part52.15time or in another program;52.16(17) describe a program evaluation plan that contains52.17cost-effectiveness measures, measures of participant success52.18including educational accomplishments, job placements, community52.19contributions, and ongoing volunteer activities, outcome52.20measures based on a preprogram and postprogram survey of52.21community rates of arrest, incarceration, teenage pregnancy, and52.22other indicators of youth in trouble, and a list of local52.23resources dedicated to reducing these rates;52.24(18) describe a three-year financial plan for maintaining52.25the program;52.26(19) describe the role of local youth in developing all52.27aspects of the grant proposal; and52.28(20) describe the process by which the local private52.29industry council participated in, and reviewed the grant52.30application.52.31 Sec. 21. Minnesota Statutes 1998, section 124D.42, 52.32 subdivision 7, is amended to read: 52.33 Subd. 7. [TRAINING AND EDUCATION REQUIREMENTS.] Each 52.34 grantee organization must assess and work to enhance the 52.35 educational level of each entering participant.Each grantee52.36shall work to enhance the educational skills of each53.1participant. The commission and, beginning January 1, 1997, the53.2council may coordinate or contract with educational institutions53.3or other providers for educational services and evaluation.All 53.4 grantees shall give priority to educating and training 53.5 participants who do not have a high school diploma or its 53.6 equivalent, or who cannot afford post-secondary training and 53.7 education. 53.8 Sec. 22. Minnesota Statutes 1998, section 124D.46, 53.9 subdivision 1, is amended to read: 53.10 Subdivision 1. [GOALSESTABLISHMENT.]To better prepare53.11all learners to make transitions between education and53.12employment,A comprehensive education and employment transitions 53.13 system is established that is driven by multisector partnerships 53.14 and takes a lifelong approach to workforce development. 53.15 Thegoals of thestatewide education and employment transitions 53.16 systemareshall develop and implement methods: 53.17 (1) to improve the skills learners need to achieve greater 53.18 levels of self-sufficiency through education, training, and 53.19 work; 53.20 (2) to improve work-related counseling and information 53.21 about career opportunities and vocational education programs 53.22 available to learners to facilitate workforce development; 53.23 (3) to integrate opportunities for work-based learning, 53.24 service-learning, and other applied learning methods into the 53.25elementary, secondary, and post-secondary curriculum andstate 53.26 and local graduation standards; 53.27 (4)to increase participation in employment opportunities53.28and demonstrate the relationship between education and53.29employment at the elementary, secondary, and post-secondary53.30education levels;53.31(5)to promote the efficient use of public and private 53.32 resources by coordinating elementary, secondary, and 53.33 post-secondary education with related government programs; 53.34(6)(5) to expand educational options available to all 53.35 learners through collaborative efforts between school districts, 53.36 post-secondary institutions, employers, organized labor, 54.1 workers, learners, parents, community-based organizations, and 54.2 other interested parties; 54.3(7)(6) to increase opportunities for women, minorities, 54.4 individuals with a disability, and at-risk learners to fully 54.5 participate in work-based learning; and 54.6(8) to establish performance standards for learners that54.7integrate state and local graduation standards and generally54.8recognized industry and occupational skill standards; and54.9(9)(7) to provide support systems including a unified 54.10 labor market information system; a centralized quality assurance 54.11 system with information on learner achievement, employer 54.12 satisfaction, and measurable system outcomes; a statewide 54.13 marketing system to promote the importance of lifework 54.14 development; a comprehensive professional development system for 54.15 public and private sector partners; and a comprehensive system 54.16 for providing technical support to local partnerships for 54.17 education and employment transitions. 54.18 Sec. 23. Minnesota Statutes 1998, section 124D.47, 54.19 subdivision 2, is amended to read: 54.20 Subd. 2. [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 54.21 comprehensive youth apprenticeship program must require 54.22 representatives of secondary and post-secondary school systems, 54.23 affected local businesses, industries, occupations and labor, as 54.24 well as the local community, to be actively and collaboratively 54.25 involved in advising and managing the program and ensuring, in 54.26 consultation with local private industry councils, that the 54.27 youth apprenticeship program meets local labor market demands, 54.28 provides student apprentices with the high skill training 54.29 necessary for career advancement, meets applicable state 54.30 graduation requirements and labor standards, pays apprentices 54.31 for their work and provides support services to program 54.32 participants. 54.33 (b) Local employers, collaborating with labor organizations 54.34 where appropriate, must assist the program by analyzing 54.35 workplace needs, creating work-related curriculum, employing and 54.36 adequately paying youth apprentices engaged in work-related 55.1 learning in the workplace, training youth apprentices to become 55.2 skilled in an occupation, providing student apprentices with a 55.3 workplace mentor, periodically informing the school of an 55.4 apprentice's progress, and making a reasonable effort to employ 55.5 youth apprentices who successfully complete the program. 55.6 (c) A student participating in a comprehensive youth 55.7 apprenticeship program must sign a youth apprenticeship 55.8 agreement with participating entities that obligates youth 55.9 apprentices, their parents or guardians, employers, and schools 55.10 to meet program requirements; indicates how academic55.11instruction, work-based learning, and worksite learning and55.12experience will be integrated; ensures that successful youth55.13apprentices will receive a recognized credential of academic and55.14occupational proficiency; and establishes the wage rate and55.15other benefits for which youth apprentices are eligible while55.16employed during the program. 55.17 (d) Secondary school principals, counselors, or business 55.18 mentors familiar with the education to employment transitions 55.19 system must inform entering secondary school students about 55.20 available occupational and career opportunities and the option 55.21 of entering a youth apprenticeship or other work-based learning 55.22 program to obtain post-secondary academic and occupational 55.23 credentials. 55.24 Sec. 24. Minnesota Statutes 1998, section 124D.49, 55.25 subdivision 3, is amended to read: 55.26 Subd. 3. [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS 55.27 SYSTEMS.] A local education and employment transitions 55.28 partnership must assess the needs of employers, employees, and 55.29 learners, and develop a plan for implementing and achieving the 55.30 objectives of a local or regional education and employment 55.31 transitions system. The plan must provide for a comprehensive 55.32 local system for assisting learners and workers in making the 55.33 transition from school to work or for retraining in a new 55.34 vocational area. Theobjectivesexpected outcomes of a local 55.35 education and employment transitions system include: 55.36 (1) increasing the effectiveness of the educational 56.1 programsand curriculum of elementary, secondary, and56.2post-secondary schoolsthat meet state and local graduation 56.3 standards andthe work site in preparingprepare students in the 56.4 skills and knowledge needed to be successful in the workplace; 56.5 (2) implementing learner outcomes for students in grades 56.6kindergarten7 through 12 designed to introduce the world of 56.7 work and to explore career opportunities, including 56.8 nontraditional career opportunities; 56.9 (3)eliminating barriers to providing effective integrated56.10applied learning, service-learning, or work-based curriculum;56.11(4) increasing opportunities to apply academic knowledge56.12and skills, including skills needed in the workplace, in local56.13settings which include the school, school-based enterprises,56.14post-secondary institutions, the workplace, and the community;56.15(5) increasing applied instruction in the attitudes and56.16skills essential for success in the workplace, including56.17cooperative working, leadership, problem-solving, and respect56.18for diversity;56.19(6)providing staff training for vocational guidance 56.20 counselors, teachers, and other appropriate staff in the 56.21 importance of preparing learners for the transition to work, and 56.22 in methods of providing instruction that incorporate applied 56.23 learning, work-based learning, and service-learning experiences; 56.24(7)(4) identifying and enlisting local and regional 56.25 employers who can effectively provide work-based or 56.26 service-learning opportunities, including, but not limited to, 56.27 apprenticeships, internships, and mentorships; 56.28(8)(5) recruiting community and workplace mentors 56.29 including peers, parents, employers and employed individuals 56.30 from the community, and employers of high school students; 56.31(9)(6) identifying current and emerging educational, 56.32 training, and employment needs of the area or region, especially 56.33 within industries with potential for job growth; 56.34(10)(7) improving the coordination and effectiveness of 56.35 local vocational and job training programs, including vocational 56.36 education, adult basic education, tech prep, apprenticeship, 57.1 service-learning, youth entrepreneur, youth training and 57.2 employment programs administered by the commissioner of economic 57.3 security, and local job training programs under the Job Training 57.4 Partnership Act, United States Code, title 29, section 1501, et 57.5 seq.; 57.6(11)(8) identifying and applying for federal, state, 57.7 local, and private sources of funding for vocational or applied 57.8 learning programs; 57.9(12)(9) providing students with current information and 57.10 counseling about career opportunities, potential employment, 57.11 educational opportunities in post-secondary institutions, 57.12 workplaces, and the community, and the skills and knowledge 57.13 necessary to succeed; 57.14(13)(10) providing educational technology, including 57.15 interactive television networks and other distance learning 57.16 methods, to ensure access to a broad variety of work-based 57.17 learning opportunities; and 57.18(14)(11) including students with disabilities in a 57.19 district's vocational or applied learning program and ways to 57.20 serve at-risk learners through collaboration with area learning 57.21 centers under sections 123A.05 to 123A.09, or other alternative 57.22 programs; and. 57.23(15) providing a warranty to employers, post-secondary57.24education programs, and other post-secondary training programs,57.25that learners successfully completing a high school work-based57.26or applied learning program will be able to apply the knowledge57.27and work skills included in the program outcomes or graduation57.28requirements. The warranty shall require education and training57.29programs to continue to work with those learners that need57.30additional skill development until they can demonstrate57.31achievement of the program outcomes or graduation requirements.57.32 Sec. 25. Minnesota Statutes 1998, section 124D.50, 57.33 subdivision 2, is amended to read: 57.34 Subd. 2. [SERVICE-LEARNING PROGRAMS DEVELOPED.] The 57.35 commissioner, in consultation with the commission, shall develop 57.36 a service-learningprogram curriculum that includes apolicy 58.1 framework and strategies for youth community service and an 58.2 infrastructure for mentoring youth. The commissioner shall 58.3 include in the curriculum at least the following: 58.4 (1) youth community service strategies that enable young 58.5 people to make significant contributions to the welfare of their 58.6 community through such organizations as schools, colleges, 58.7 government agencies, and community-based organizations or 58.8 through individual efforts; 58.9 (2) mentoring strategies that enable young people to be 58.10 matched with caring, responsible individuals who can encourage 58.11 and guide the young people in their personal growth and 58.12 development; 58.13 (3) guidelines, criteria, and procedures for community 58.14 service programs that incorporate the results of the study in 58.15 subdivision 1; and 58.16 (4) criteria for community service activities and 58.17 service-learning. 58.18 Sec. 26. Minnesota Statutes 1998, section 124D.50, 58.19 subdivision 3, is amended to read: 58.20 Subd. 3. [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 58.21 EDUCATION LEVEL.] The service-learningcurriculumframework must 58.22 accommodate students' grade level or the last completed grade 58.23 level of the participants not currently enrolled in school. 58.24 Schools must provide at least the following: 58.25 (1) for students in grades 7 to 9, an opportunity to learn 58.26 about service-learning activities and possible occupations; 58.27 (2) for students in grade 10, an opportunity to apply for 58.28 service-learning under section 124D.19 subdivision 10, and youth 58.29 apprenticeship programs; and 58.30 (3) for students in grades 11 and 12 and young people not 58.31 currently enrolled in school, an opportunity to become involved 58.32 in community service activities, participate in youth 58.33 apprenticeship programs, and, depending upon the individual's 58.34 demonstrated abilities, complete high school or pursue 58.35 post-secondary coursework. 58.36 Sec. 27. Minnesota Statutes 1998, section 124D.65, 59.1 subdivision 6, is amended to read: 59.2 Subd. 6. [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 59.3 counting the number of pupils of limited English proficiency for 59.4 purposes of this section, districts may include pupils of 59.5 limited English proficiency who attend nonpublic schools in the 59.6 district. A district which counts those pupils and receives aid 59.7 pursuant to this section must offer those pupils the same 59.8 programs on the same terms that it offers to pupils of limited 59.9 English proficiency who attend the public school. A program 59.10 provided for a nonpublic school pupil pursuant to this 59.11 subdivision must be provided at a public schoolor, a neutral 59.12 site as defined in section 123B.41, subdivision 13, the 59.13 nonpublic school, or any other suitable location. The school 59.14 district must make the final decision on the location of these 59.15 services. Nonpublic school pupils served by a district's 59.16 educational program for pupils of limited English proficiency 59.17 must be counted for average daily membership pursuant to 59.18 sections 126C.01, subdivisions 6 to 8, and 126C.19, subdivisions 59.19 1 to 4. 59.20 Sec. 28. Minnesota Statutes 1998, section 124D.74, 59.21 subdivision 1, is amended to read: 59.22 Subdivision 1. [PROGRAMDESCRIBEDOUTCOMES.] American 59.23 Indian language and culture education programs areprograms in59.24elementary and secondary schools enrolling American Indian59.25childrendesigned: 59.26 (1) to make the curriculum more relevant to the needs, 59.27 interests, and cultural heritage of American Indian pupils; 59.28 (2) to provide positive reinforcement of the self-image of 59.29 American Indian pupils; and 59.30 (3) to develop intercultural awareness among pupils, 59.31 parents, and staff.Program components may include:59.32instruction in American Indian language, literature, history,59.33and culture; development of support components for staff,59.34including in-service training and technical assistance in59.35methods of teaching American Indian pupils; research projects,59.36including experimentation with and evaluation of methods of60.1relating to American Indian pupils; provision of personal and60.2vocational counseling to American Indian pupils; modification of60.3curriculum, instructional methods, and administrative procedures60.4to meet the needs of American Indian pupils; and establishment60.5of cooperative liaisons with nonsectarian nonpublic, community,60.6tribal or alternative schools offering curricula which reflect60.7American Indian culture.Districts offering programs may make 60.8 contracts for the provision of program components by 60.9 nonsectarian nonpublic, community, tribal or alternative 60.10 schools. These programs may also be provided as components of 60.11 early childhood and family education programs. 60.12 Sec. 29. Minnesota Statutes 1998, section 124D.892, is 60.13 amended to read: 60.14 124D.892 [OFFICE OFDESEGREGATION/INTEGRATION.] 60.15 Subdivision 1. [ESTABLISHMENT.] (a)An office of60.16desegregation/integration is established inThedepartment60.17 commissioner of children, families, and learningtomust 60.18 coordinate and support activities related to student enrollment, 60.19 student and staff recruitment and retention, transportation, and 60.20 interdistrict cooperation among metropolitan school districts. 60.21 (b) At the request of a metropolitan school district 60.22 involved in cooperative desegregation/integration efforts, the 60.23officecommissioner shall perform any of the following 60.24 activities: 60.25 (1) assist districts with interdistrict student transfers, 60.26 including student recruitment, counseling, placement, and 60.27 transportation; 60.28 (2) coordinate and disseminate information about schools 60.29 and programs; 60.30 (3) assist districts with new magnet schools and programs; 60.31 (4) assist districts in providing staff development and 60.32 in-service training; and 60.33 (5) coordinate and administer staff exchanges. 60.34 (c) Theofficecommissioner shall collect data on the 60.35 efficacy of districts' desegregation/integration efforts and 60.36 make recommendations based on the data. Theofficecommissioner 61.1 shall periodically consult with the metropolitan council to 61.2 coordinate school desegregation/integration efforts with the 61.3 housing, social, economic, and infrastructure needs of the 61.4 metropolitan area. Theofficecommissioner shall develop a 61.5 process for resolving students' disputes and grievances about 61.6 student transfers under a desegregation/integration plan. 61.7 Subd. 2. [COORDINATION.] The commissioner may request 61.8 information or assistance from, or contract with, any state or 61.9 local agency or officer, local unit of government, or recognized 61.10 expert to assist the commissioner in performing the activities 61.11 described in subdivision 1. 61.12 Subd. 3. [ADVISORY BOARD.] The commissioner shall 61.13 establish an advisory board composed of: 61.14 (1) eight superintendents, each of whom shall be selected 61.15 by the superintendents of the school districts located in whole 61.16 or in part within each of the eight metropolitan districts 61.17 established under section 473.123, subdivision 3c; and 61.18 (2) one person each selected by the Indian affairs council, 61.19 the council on Asian-Pacific Minnesotans, the council on Black 61.20 Minnesotans, and the council on affairs of Chicano/Latino people. 61.21 The advisory board shall advise theofficecommissioner on 61.22 complying with the requirements under subdivision 1. The 61.23 advisory board may solicit comments from teachers, parents, 61.24 students, and interested community organizations and others. 61.25 Sec. 30. Minnesota Statutes 1999 Supplement, section 61.26 124D.94, subdivision 2, is amended to read: 61.27 Subd. 2. [CREATION OF FOUNDATION.] There is created the 61.28 Minnesota academic excellence foundation.The purpose of the61.29foundation shall be to promote academic excellence in Minnesota61.30public and nonpublic schools and communities through61.31public-private partnerships.The foundation shall be a 61.32 nonprofit organization. The board of directors of the 61.33 foundation and foundation activities are under the direction of 61.34 the commissioner of children, families, and learning. 61.35 Sec. 31. Minnesota Statutes 1998, section 124D.94, 61.36 subdivision 4, is amended to read: 62.1 Subd. 4. [FOUNDATION PROGRAMS.] The foundationmayshall 62.2 develop programs that advance the concept of educational 62.3 excellence in Minnesota public and nonpublic schools and 62.4 communities through public-private partnerships.These may62.5include, but are not limited to:62.6(a) recognition programs and awards for students62.7demonstrating academic excellence;62.8(b) summer institute programs for students with special62.9talents;62.10(c) recognition programs for teachers, administrators, and62.11others who contribute to academic excellence;62.12(d) summer mentorship programs with business and industry62.13for students with special career interests and high academic62.14achievements;62.15(e) governor's awards ceremonies and special campaigns to62.16promote awareness and expectation for academic achievement;62.17(f) an academic league to provide organized challenges62.18requiring cooperation and competition for public and nonpublic62.19pupils in elementary and secondary schools;62.20(g) systemic transformation initiatives and assistance and62.21training to community teams to increase school performance in62.22the state's education institutions through strategic quality62.23planning for continuous improvement, empowerment of multiple62.24stakeholders, validation of results via customer-supplier62.25relationships, and a total system approach based on best62.26practices in key process areas; and62.27(h) activities to measure customer satisfaction for62.28delivery of services to education institutions in order to plan62.29for and implement continuous improvement.62.30To the extent possible, the foundation shall make these62.31programs available to students in all parts of the state.62.32 Sec. 32. [REVISOR INSTRUCTION.] 62.33 In the next and subsequent editions of Minnesota Statutes 62.34 and Minnesota Rules, the revisor of statutes shall renumber each 62.35 section of Minnesota Statutes in column A with the number in 62.36 column B. The revisor shall also make necessary cross-reference 63.1 changes consistent with the renumbering. 63.2 Column A Column B 63.3 63.4 124D.35 124D.46, subd. 5 63.5 63.6 124D.46, subd. 4 268.665, subd. 7 63.7 63.8 124D.47, subd. 2 124D.46, subd. 6 63.9 Sec. 33. [REPEALER.] 63.10 Minnesota Statutes 1998, sections 124D.02, subdivisions 2, 63.11 3, and 4; 124D.03, subdivisions 5 and 7; 124D.06; 124D.07; 63.12 124D.081, subdivision 1; 124D.118, subdivision 1; 124D.124; 63.13 124D.125; 124D.28; 124D.29; 124D.30; 124D.31; 124D.47, 63.14 subdivision 1; 124D.91; 124D.92; and 124D.93, subdivisions 2, 3, 63.15 and 6; and Minnesota Statutes 1999 Supplement, sections 124D.05, 63.16 subdivision 3; 124D.122; 124D.126; 124D.127; and 124D.93, 63.17 subdivisions 1, 4, and 5, are repealed. 63.18 Sec. 34. [EFFECTIVE DATE.] 63.19 Sections 1 to 33 are effective for the 2000-2001 school 63.20 year and later. 63.21 ARTICLE 8 63.22 EDUCATION AND TECHNOLOGY 63.23 Section 1. Minnesota Statutes 1998, section 125B.05, as 63.24 amended by Laws 1999, chapter 241, article 5, section 15, is 63.25 amended to read: 63.26 125B.05 [STATE INFORMATION SYSTEM.] 63.27 Subdivision 1. [INFORMATION SYSTEM.] The department of 63.28 children, families, and learning shall develop and maintaina63.29computerizedan information system for state information needs. 63.30 Subd. 2. [PURPOSES.] The purposes of thecomputerized63.31 information system shall be: 63.32 (a) To provide comparable and accurate educational 63.33 information in a manner which is timely and economical; 63.34 (b) To ensure accountability for state appropriations; 63.35 (c) To collect data to assess the needs of learners and 63.36 children; 63.37 (d) To provide school districts with an educational 63.38 information system capability which will meet school district 63.39 management needs; and 64.1 (e) To provide forcomputerizedanalysis of educational 64.2 information to meet the management needs of the state of 64.3 Minnesota. 64.4 Subd. 3. [SOFTWARE DEVELOPMENT.] A school district, 64.5 charter school, or cooperative unit may not implement a 64.6 financial, student, or staff software system until the system 64.7 has been reviewed by the department to ensure that it provides 64.8 the required data elements and format. 64.9 Sec. 2. Minnesota Statutes 1999 Supplement, section 64.10 125B.20, is amended to read: 64.11 125B.20 [TELECOMMUNICATION ACCESS GRANT AND STATEWIDE 64.12 COORDINATION.] 64.13 Subdivision 1. [ESTABLISHMENT; PURPOSE.]The purpose of64.14developing a statewide school district telecommunications64.15network is to expand the availability of a broad range of64.16courses and degrees to students throughout the state, to share64.17information resources to improve access, quality, and64.18efficiency, to improve learning, and distance cooperative64.19learning opportunities, and to promote the exchange of ideas64.20among students, parents, teachers, media generalists,64.21librarians, and the public. In addition, through the64.22development of this statewide telecommunications network64.23emphasizing cost-effective, competitive connections, all64.24Minnesotans will benefit by enhancing access to64.25telecommunications technology throughout the state. Network64.26connections for school districts and public libraries are64.27coordinated and fully integrated into the existing state64.28telecommunications and interactive television networks to64.29achieve comprehensive and efficient interconnectivity of school64.30districts and libraries to higher education institutions, state64.31agencies, other governmental units, agencies, and institutions64.32throughout Minnesota. A school district may apply to the64.33commissioner for a grant under subdivision 2, and a regional64.34public library may apply under subdivision 3.The Minnesota 64.35 education telecommunications council established in Laws 1995, 64.36 First Special Session chapter 3, article 12, section 7, shall 65.1 establish priorities for awarding grants, making grant awards, 65.2 and being responsible for the coordination of networks. 65.3 Subd. 2. [SCHOOL DISTRICT TELECOMMUNICATIONS GRANT.] 65.4 (a)Priority will be given to a school district that has not65.5received access to interactive video, data connection, or both65.6under the telecommunications access grant program. Districts65.7may apply for a grant under this subdivision to: (1) establish65.8connections among school districts, and between school districts65.9and the state information infrastructure administered by the65.10department of administration under section 16B.465; or (2) if65.11such a connection meeting minimum electronic connectivity65.12standards is already established, enhance telecommunications65.13capacity for a school district. A district may submit a grant65.14application for interactive television with higher capacity65.15connections in order to maintain multiple simultaneous65.16connections. To ensure coordination among school districts, a65.17school district must submit its grant application to the council65.18through the telecommunications access grant cluster of which the65.19district is a member.65.20(b)The application from a school district must, at a 65.21 minimum, contain information to document for each applicant 65.22 school district the following: 65.23 (1) that the proposed connection meets the minimum 65.24 standards and employs an open network architecture that will 65.25 ensure interconnectivity and interoperability with other 65.26 education institutions and libraries; 65.27 (2) that the proposed connection and system will be 65.28 connected to the state information infrastructure through the 65.29 department of administration under section 16B.465; 65.30 (3) that the proposed connection and system will be 65.31 connected to the higher education telecommunication network and 65.32 that a governance agreement has been adopted which includes 65.33 agreements between the school district system, a higher 65.34 education regional council, libraries, and coordinating 65.35 entities; 65.36 (4) the telecommunication vendor selected to provide 66.1 service from the district to a state information infrastructure 66.2 hub or to a more cost-effective connection point to the state 66.3 information infrastructure; and 66.4 (5) other information, as determined by the commissioner in 66.5 consultation with the education telecommunications council, to 66.6 ensure that connections are coordinated, meet state standards 66.7 and are cost-effective, and that service is provided in an 66.8 efficient and cost-effective manner. 66.9(c) A school district may include, in its grant66.10application, telecommunications access for collaboration with66.11nonprofit arts organizations for the purpose of educational66.12programs, or access for a secondary media center that: (1) is a66.13member of a multitype library system; (2) is open during periods66.14of the year when classroom instruction is occurring; and (3) has66.15licensed school media staff on site.66.16(d)(b) The Minnesota education telecommunications council 66.17 shall award grants and the funds shall be dispersed by the 66.18 commissioner. Grant applications must be submitted to the 66.19 commissioner by a telecommunications access grant cluster 66.20 organization. For the purposes of the grant, a school district 66.21 may include a charter school under section 124D.10, or the 66.22 Minnesota state academies. Based on the award made by the 66.23 council, all grants under this subdivision shall be paid by the 66.24 commissioner directly to a school district (unless this 66.25 application requests that the funds be paid to the coordinating 66.26 agency). Nonpublic schools as defined in section 237.065, 66.27 subdivision 2, located within the district may access the 66.28 network. The nonpublic school is responsible for actual costs 66.29 for connection from the school to the access site. 66.30(e)(d) Money awarded under this section may be used only 66.31 for the purposes explicitly stated in the grant application. 66.32 Subd. 3. [REGIONAL LIBRARY TELECOMMUNICATION GRANT.] (a) A 66.33 regional public library system may apply for a telecommunication 66.34 access grant. Priority will be given to public libraries that 66.35 have not received access to data connection under the 66.36 telecommunications access grant program. The grant must be used 67.1 to create or expand the capacity of electronic data access and 67.2 connect the library system with the state information 67.3 infrastructure administered by the department of administration 67.4 under section 16B.465. To be eligible for a telecommunications 67.5 access grant, a regional public library system must meet the 67.6 level of local support required under section 134.34. 67.7 (b) Any grant award under this subdivision may not be used 67.8 to substitute for any existing local funds allocated to provide 67.9 electronic access, or equipment for library staff or the public, 67.10 or local funds previously dedicated to other library operations. 67.11 (c) An application for a regional public library 67.12 telecommunications access grant must, at a minimum, contain 67.13 information to document the following: 67.14 (1) that the connection meets the minimum standards and 67.15 employs an open network architecture that will ensure 67.16 interconnectivity and interoperability with other libraries and 67.17 the educational system; 67.18 (2) that the connection is being established through the 67.19 most cost-effective means and that the public library has 67.20 explored and coordinated connections through school districts or 67.21 other governmental agencies; 67.22 (3) that the proposed connection and system will be 67.23 connected to the state information infrastructure through the 67.24 department of administration under section 16B.465; 67.25 (4) that the proposed connection and system will be 67.26 connected to the higher education and to the school district 67.27 telecommunication networks subject to a governance agreement 67.28 with one or more school districts and a higher education 67.29 regional council specifying how the system will be coordinated; 67.30 (5) the telecommunication vendor selected to provide 67.31 service from the library to a state information infrastructure 67.32 hub or through a more cost-effective connection point to the 67.33 state information infrastructure; and 67.34 (6) other information, as determined by the commissioner, 67.35 to ensure that connections are coordinated, meet state 67.36 standards, are cost-effective, and that service is provided in 68.1 an efficient and cost-effective manner so that libraries 68.2 throughout the state are connected in as seamless a manner as 68.3 technically possible. 68.4 Subd. 4. [AWARD OF GRANTS.] The council shall develop 68.5 application forms and procedures for telecommunication access 68.6 grants. The council shall select the grant recipientand shall68.7promptly notify any applicant that is found not to be68.8qualified. The commissioner shall make the grant payments 68.9 directly to the school district or regional library system. At 68.10 the request of the district or regional library system, the 68.11 commissioner may make the grant payment directly to the 68.12 coordinating organization. 68.13 Subd. 5. [E-RATES.] The telecommunication access grant 68.14 clusters are required to file e-rate applications for 68.15 telecommunication access grant-related expenditures on behalf of 68.16 grant participants in their clusters. Discounts received on 68.17 telecommunication access grant expenditures shall be used to 68.18 offset or reduce operations funding provided by the state. 68.19 Sec. 3. [REPEALER.] 68.20 Minnesota Statutes 1998, section 125B.02, is repealed. 68.21 Sec. 4. [EFFECTIVE DATE.] 68.22 Sections 1 to 3 are effective for the 2000-2001 school year 68.23 and later. 68.24 ARTICLE 9 68.25 EDUCATION FUNDING 68.26 Section 1. Minnesota Statutes 1999 Supplement, section 68.27 126C.05, subdivision 1, is amended to read: 68.28 Subdivision 1. [PUPIL UNIT.] Pupil units for each 68.29 Minnesota resident pupil in average daily membership enrolled in 68.30 the district of residence, in another district under sections 68.31 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 68.32 124D.68; in a charter school under section 124D.10; or for whom 68.33 the resident district pays tuition under section 123A.18, 68.34 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 68.35 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 68.36 125A.65, shall be counted according to this subdivision. A 69.1 district may not count a person, other than a person enrolled in 69.2 the graduation incentives program under section 124D.68, who is 69.3 over the age of 21 or who has graduated from high school and is 69.4 enrolled as a part-time student in a class or program as a pupil 69.5 unit. Aid payments for a person enrolled in a program under 69.6 section 124D.68 shall be according to section 124D.68, 69.7 subdivision 9. 69.8 (a) A prekindergarten pupil with a disability who is 69.9 enrolled in a program approved by the commissioner and has an 69.10 individual education plan is counted as the ratio of the number 69.11 of hours of assessment and education service to 825 times 1.25 69.12 with a minimum of 0.28, but not more than 1.25. 69.13 (b) A prekindergarten pupil who is assessed but determined 69.14 not to be handicapped is counted as the ratio of the number of 69.15 hours of assessment service to 825 times 1.25. 69.16 (c) A kindergarten pupil with a disability who is enrolled 69.17 in a program approved by the commissioner is counted as the 69.18 ratio of the number of hours of assessment and education 69.19 services required in the fiscal year by the pupil's individual 69.20 education program plan to 875, but not more than one. 69.21 (d) A kindergarten pupil who is not included in paragraph 69.22 (c) is counted as .557 of a pupil unit for fiscal year 2000 and 69.23 thereafter. 69.24 (e) A pupil who is in any of grades 1 to 3 is counted as 69.25 1.115 pupil units for fiscal year 2000 and thereafter. 69.26 (f) A pupil who is any of grades 4 to 6 is counted as 1.06 69.27 pupil units for fiscal year 1995 and thereafter. 69.28 (g) A pupil who is in any of grades 7 to 12 is counted as 69.29 1.3 pupil units. 69.30 (h) A pupil who is in the post-secondary enrollment options 69.31 program is counted as 1.3 pupil units. 69.32 Sec. 2. Minnesota Statutes 1998, section 126C.31, is 69.33 amended to read: 69.34 126C.31 [POLICY.] 69.35Financing the education of our children is one of state69.36government's most important functions. In performing this70.1function, the state seeks to provide sufficient funding while70.2encouraging equity, accountability, and incentives toward70.3quality improvement. To help achieve these goals and to help70.4control future spending growth,The state will fund core 70.5 instruction and related support services,will facilitate70.6improvement in the quality and delivery of programs and services70.7 encourage equity and accountability, andwillequalize revenues 70.8 raised locally for discretionary purposes. 70.9 Sec. 3. [EFFECTIVE DATE.] 70.10 Sections 1 and 2 are effective for the 2000-2001 school 70.11 year and later. 70.12 ARTICLE 10 70.13 STATE ADMINISTRATION OF EDUCATION 70.14 Section 1. Minnesota Statutes 1999 Supplement, section 70.15 127A.05, subdivision 1, is amended to read: 70.16 Subdivision 1. [APPOINTMENT AND DUTIES.] The department 70.17 shall be under the administrative control of the commissioner of 70.18 children, families, and learning which office is established. 70.19 The governor shall appoint the commissioner under the provisions 70.20 of section 15.06. 70.21 The commissioner shall be a person who possesses 70.22 educational attainment and breadth of experience in the 70.23 administration of public education and of the finances 70.24 pertaining thereto commensurate with the spirit and intent of 70.25 this code. Notwithstanding any other law to the contrary, the 70.26 commissioner may appointtwoone or more deputy commissioners 70.27 who shall serve in the unclassified service. The commissioner 70.28 shall also appoint other employees as may be necessary for the 70.29 organization of the department. The commissioner shall perform 70.30 such duties as the law and rules may provide and be held 70.31 responsible for the efficient administration and discipline of 70.32 the department. The commissioner is charged with the execution 70.33 of powers and duties to promote public education in the state 70.34 and to safeguard the finances pertaining thereto. 70.35 Sec. 2. Minnesota Statutes 1998, section 127A.05, 70.36 subdivision 3, is amended to read: 71.1 Subd. 3. [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 71.2 EDUCATIONAL AGENCIES.] The commissioner of children, families, 71.3 and learning shalladopt goals for andexercise general 71.4 supervision over public schools and other public educational 71.5 agencies in the state, classify and standardize public71.6elementary and secondary schools, and prepare for them outlines71.7and suggested courses of study. The commissioner shall develop71.8a plan to attain the adopted goals. The commissioner may 71.9 recognize educational accrediting agencies for the sole purposes 71.10 of sections 120A.22, 120A.24, and 120A.26. 71.11 Sec. 3. Minnesota Statutes 1998, section 127A.06, is 71.12 amended to read: 71.13 127A.06 [RECOMMENDATIONS; BUDGET.] 71.14The commissioner of children, families, and learning shall71.15recommend to the governor and legislature such modification and71.16unification of laws relating to the state system of education as71.17shall make those laws more readily understood and more effective71.18in execution.The commissioner of children, families, and 71.19 learning shall prepare a biennial education budget which shall 71.20 be submitted to the governor and legislature, such budget to 71.21 contain a complete statement of finances pertaining to the 71.22maintenanceoperations of the state department and to the 71.23 distribution of state aid. 71.24 Sec. 4. Minnesota Statutes 1998, section 127A.41, 71.25 subdivision 7, is amended to read: 71.26 Subd. 7. [SCHEDULE ADJUSTMENTS.](a) It is the intention71.27of the legislature to encourage efficient and effective use of71.28staff and facilities by districts. Districts are encouraged to71.29consider both cost and energy saving measures.71.30(b)Any district operating a program pursuant to sections 71.31 124D.12 to 124D.127, 124D.128, or 124D.25 to 124D.29, or 71.32 operating a commissioner-designated area learning center program 71.33 under section 123A.09, or that otherwise receives the approval 71.34 of the commissioner to operate its instructional program to 71.35 avoid an aid reduction in any year, may adjust the annual school 71.36 schedule for that program throughout the calendar year. 72.1 Sec. 5. [REPEALER.] 72.2 Minnesota Statutes 1998, section 127A.41, subdivision 4, is 72.3 repealed. 72.4 Sec. 6. [EFFECTIVE DATE.] 72.5 Sections 1 to 5 are effective for the 2000-2001 school year 72.6 and later. 72.7 ARTICLE 11 72.8 ARTS SCHOOL 72.9 Section 1. Minnesota Statutes 1999 Supplement, section 72.10 129C.10, subdivision 3, is amended to read: 72.11 Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has 72.12 the powers necessary for the care, management, and control of 72.13 the Perpich center for arts education and all its real and 72.14 personal property. The powers shall include, but are not 72.15 limited to, those listed in this subdivision. 72.16 (b) The board may employ and discharge necessary employees, 72.17 and contract for other services to ensure the efficient 72.18 operation of the center for arts education. 72.19 (c) The board may receive and award grants. The board may 72.20 establish a charitable foundation and accept, in trust or 72.21 otherwise, any gift, grant, bequest, or devise for educational 72.22 purposes and hold, manage, invest, and dispose of them and the 72.23 proceeds and income of them according to the terms and 72.24 conditions of the gift, grant, bequest, or devise and its 72.25 acceptance. The board must adopt internal procedures to 72.26 administer and monitor aids and grants. 72.27 (d)The board may establish or coordinate evening,72.28continuing education, extension, and summer programs for72.29teachers and pupils.72.30(e) The board may identify pupils who have artistic talent,72.31either demonstrated or potential, in dance, literary arts, media72.32arts, music, theater, and visual arts, or in more than one art72.33form.72.34(f)The board must educate pupils with artistic talent by 72.35 providing: 72.36 (1) an interdisciplinary academic and arts program for 73.1 pupils in the 11th and 12th grades. The total number of pupils 73.2 accepted under this clauseand clause (2)shall not exceed 300; 73.3 (2)additional instruction to pupils for a 13th grade.73.4Pupils eligible for this instruction are those enrolled in 12th73.5grade who need extra instruction and who apply to the board, or73.6pupils enrolled in the 12th grade who do not meet learner73.7outcomes established by the board;73.8(3)intensive arts seminarsfor one or two weeksfor pupils 73.9 in grades 9 to 12; 73.10(4)(3) summer arts institutes for pupils in grades 9 to 73.11 12; 73.12(5)(4) artist mentor and extension programs in regional 73.13 sites; and 73.14(6)(5) teacher education programsfor indirect curriculum73.15delivery. 73.16(g) The board may determine the location for the Perpich73.17center for arts education and any additional facilities related73.18to the center, including the authority to lease a temporary73.19facility.73.20(h)(e) The board must plan for the enrollment of pupils on 73.21 an equal basis from each congressional district. 73.22(i) The board may establish task forces as needed to advise73.23the board on policies and issues. The task forces expire as73.24provided in section 15.059, subdivision 6.73.25(j) The board may request the commissioner of children,73.26families, and learning for assistance and services.73.27(k)(f) The board may enter into contracts with other 73.28 public and private agencies and institutions for residential and 73.29 building maintenance services if it determines that these 73.30 services could be provided more efficiently and less expensively 73.31 by a contractor than by the board itself. The board may also 73.32 enter into contracts with public or private agencies and 73.33 institutions, school districts or combinations of school 73.34 districts, or service cooperatives to provide supplemental 73.35 educational instruction and services. 73.36(l)(g) The board may provide or contract for services and 74.1 programs by and for the center for arts education, including a 74.2 store, operating in connection with the center; theatrical 74.3 events; and other programs and services that, in the 74.4 determination of the board, serve the purposes of the center. 74.5(m)(h) The board may provide for transportation of pupils 74.6 to and from the center for arts education for all or part of the 74.7 school year, as the board considers advisable and subject to its74.8rules. Notwithstanding any other law to the contrary,and the 74.9 board may charge a reasonable fee for transportation of pupils. 74.10 Every driver providing transportation of pupils under this 74.11 paragraph must possess all qualifications required by the 74.12 commissioner of children, families, and learning. The board may 74.13 contract for furnishing authorized transportation under rules 74.14 established by the commissioner of children, families, and 74.15 learning and may purchase and furnish gasoline to a contract 74.16 carrier for use in the performance of a contract with the board 74.17 for transportation of pupils to and from the center for arts 74.18 education. When transportation is provided, scheduling of 74.19 routes, establishment of the location of bus stops, the manner 74.20 and method of transportation, the control and discipline of 74.21 pupils, and any other related matter is within the sole 74.22 discretion, control, and management of the board. 74.23(n)(i) The board may provide room and board for its pupils. 74.24 If the board provides room and board, it shall charge a 74.25 reasonable fee for the room and board. The fee is not subject 74.26 to chapter 14 and is not a prohibited fee according to sections 74.27 123B.34 to 123B.39. 74.28(o)(j) The board may establish and set fees for services 74.29 and programs. If the board sets fees not authorized or 74.30 prohibited by the Minnesota public school fee law, it may do so 74.31 without complying with the requirements of section 123B.38. 74.32(p)(k) The board may apply for all competitive grants 74.33 administered by agencies of the state and other government or 74.34 nongovernment sources.