HF 592

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2013 03:31pm

A bill for an act
relating to education finance; authorizing the Perpich Center for Arts Education
to operate a voluntary integration magnet school; transferring staff and facilities;
modifying funding formulas; appropriating money; amending Minnesota Statutes
2012, section 129C.10, subdivision 3, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapter 129C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 129C.10, subdivision 3, is amended to read:

Subd. 3.

Powers and duties of board.

(a) The board has the powers necessary for
the care, management, and control of the Perpich Center for Arts Education new text begin and any other
school authorized in this chapter, new text end and all deleted text begin its deleted text end new text begin their new text end real and personal property. The powers
shall include, but are not limited to, those listed in this subdivision.

(b) The board may employ and discharge necessary employees, and contract for
other services to ensure the efficient operation of the Center for Arts Education new text begin and any
other school authorized in this chapter new text end .

(c) The board may receive and award grants. The board may establish a charitable
foundation and accept, in trust or otherwise, any gift, grant, bequest, or devise for
educational purposes and hold, manage, invest, and dispose of them and the proceeds
and income of them according to the terms and conditions of the gift, grant, bequest, or
devise and its acceptance. The board must adopt internal procedures to administer and
monitor aids and grants.

(d) The board may establish or coordinate evening, continuing education, extension,
and summer programs for teachers and pupils.

(e) The board may identify pupils who have artistic talent, either demonstrated or
potential, in dance, literary arts, media arts, music, theater, and visual arts, or in more
than one art form.

(f) The board must educate pupils with artistic talent by providing:

(1) an interdisciplinary academic and arts program for pupils in the 11th and 12th
grades. The total number of pupils accepted under this clause and clause (2) shall not
exceed 310;

(2) additional instruction to pupils for a 13th grade. Pupils eligible for this
instruction are those enrolled in 12th grade who need extra instruction and who apply
to the board, or pupils enrolled in the 12th grade who do not meet learner outcomes
established by the board;

(3) intensive arts seminars for one or two weeks for pupils in grades 9 to 12;

(4) summer arts institutes for pupils in grades 9 to 12;

(5) artist mentor and extension programs in regional sites; and

(6) teacher education programs for indirect curriculum delivery.

(g) The board may determine the location for the Perpich Center for Arts Education
and any additional facilities related to the center, including the authority to lease a
temporary facility.

(h) The board must plan for the enrollment of pupils on an equal basis from each
congressional district.

(i) The board may establish task forces as needed to advise the board on policies and
issues. The task forces expire as provided in section 15.059, subdivision 6.

(j) The board may request the commissioner of education for assistance and services.

(k) The board may enter into contracts with other public and private agencies
and institutions for residential and building maintenance services if it determines that
these services could be provided more efficiently and less expensively by a contractor
than by the board itself. The board may also enter into contracts with public or private
agencies and institutions, school districts or combinations of school districts, or service
cooperatives to provide supplemental educational instruction and services.

(l) The board may provide or contract for services and programs by and for the
Center for Arts Education, including a store, operating in connection with the center;
theatrical events; and other programs and services that, in the determination of the board,
serve the purposes of the center.

(m) The board may provide for transportation of pupils to and from the Center for
Arts Education for all or part of the school year, as the board considers advisable and
subject to its rules. Notwithstanding any other law to the contrary, the board may charge a
reasonable fee for transportation of pupils. Every driver providing transportation of pupils
under this paragraph must possess all qualifications required by the commissioner of
education. The board may contract for furnishing authorized transportation under rules
established by the commissioner of education and may purchase and furnish gasoline to a
contract carrier for use in the performance of a contract with the board for transportation
of pupils to and from the Center for Arts Education. When transportation is provided,
scheduling of routes, establishment of the location of bus stops, the manner and method of
transportation, the control and discipline of pupils, and any other related matter is within
the sole discretion, control, and management of the board.

(n) The board may provide room and board for its pupils. If the board provides room
and board, it shall charge a reasonable fee for the room and board. The fee is not subject
to chapter 14 and is not a prohibited fee according to sections 123B.34 to 123B.39.

(o) The board may establish and set fees for services and programs. If the board sets
fees not authorized or prohibited by the Minnesota public school fee law, it may do so
without complying with the requirements of section 123B.38.

(p) The board may apply for all competitive grants administered by agencies of the
state and other government or nongovernment sources.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 129C.10, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Interdistrict voluntary integration magnet program. new text end

new text begin The board may
establish and operate an interdistrict integration magnet program according to section
129C.30.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [129C.30] CROSSWINDS INTEGRATION MAGNET SCHOOL.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The following terms having the meanings given
them for this chapter.
new text end

new text begin (b) "Board" means the board of directors of the Perpich Center for Arts Education.
new text end

new text begin (c) "Crosswinds school" means the Crosswinds school in Woodbury operated during
the 2012-2013 school year by Joint Powers District No. 6067, East Metro Integration
District.
new text end

new text begin Subd. 2. new text end

new text begin Board to operate the Crosswinds school. new text end

new text begin The board may operate the
Crosswinds school with the powers and duties granted to it under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin General education funding. new text end

new text begin (a) General education revenue must be paid
to the Crosswinds school as though it were a district. The general education revenue for
each adjusted marginal cost pupil unit is the state average general education revenue
per pupil unit, plus the referendum equalization aid allowance in the pupil's district of
residence, calculated without basic skills revenue, extended time revenue, alternative
teacher compensation revenue, transition revenue, and transportation sparsity revenue,
plus basic skills revenue, extended time revenue, basic alternative teacher compensation
aid according to section 126C.10, subdivision 34, and transition revenue as though the
school were a school district. The general education revenue for each extended time
marginal cost pupil unit equals $4,378.
new text end

new text begin (b) General education revenue under paragraph (a) must be reduced by an amount
equal to 75 percent of the school's equity revenue for that year.
new text end

new text begin Subd. 4. new text end

new text begin Special education funding. new text end

new text begin Special education aid must be paid to the
Crosswinds school according to section 125A.76, as though it were a school district. The
special education aid paid to the Crosswinds school shall be adjusted as follows:
new text end

new text begin (1) if the Crosswinds school does not receive general education revenue on behalf of
the student according to subdivision 3, the aid shall be adjusted as provided in section
125A.11; or
new text end

new text begin (2) if the Crosswinds school receives general education revenue on behalf of the
student according to subdivision 3, the aid shall be adjusted as provided in section
127A.47, subdivision 7, paragraph (e).
new text end

new text begin Subd. 5. new text end

new text begin Pupil transportation. new text end

new text begin The board may transport pupils enrolled in the
2012-2013 school year to and from the Crosswinds school in succeeding school years
regardless of the student's district of residence. Pupil transportation expenses under this
section are reimbursable under section 124D.87.
new text end

new text begin Subd. 6. new text end

new text begin Integration aid. new text end

new text begin The Crosswinds school is eligible for integration aid as if
it were a school district under section 124D.86 or any successor section.
new text end

new text begin Subd. 7. new text end

new text begin Other aids, grants, revenue. new text end

new text begin (a) The Crosswinds school is eligible to
receive other aids, grants, and revenue according to chapters 120A to 129C as though it
were a district.
new text end

new text begin (b) Notwithstanding paragraph (a), the Crosswinds school may not receive aid, a
grant, or revenue if a levy is required to obtain the money, or if the aid, grant, or revenue
replaces levy revenue that is not general education revenue, except as otherwise provided
in this section.
new text end

new text begin (c) Federal aid received by the state must be paid to the school, if it qualifies for
the aid as though it were a school district.
new text end

new text begin (d) In the year-end report to the commissioner of education, the Crosswinds school
shall report the total amount of funds received from grants and other outside sources.
new text end

new text begin Subd. 8. new text end

new text begin Year-round programming. new text end

new text begin The Crosswinds school may operate as a
flexible learning year program under sections 124D.12 to 124D.127.
new text end

new text begin Subd. 9. new text end

new text begin Data requirements. new text end

new text begin The commissioner of education shall require the
Crosswinds school to follow the budget and accounting procedures required for school
districts and the Crosswinds school shall report all data to the Department of Education in
the form and manner required by the commissioner.
new text end

Sec. 4. new text begin TRANSITION REQUIREMENTS; CROSSWINDS SCHOOL.
new text end

new text begin Subdivision 1. new text end

new text begin Facilities. new text end

new text begin Notwithstanding the specified uses of state general
obligation bond proceeds appropriated in Laws 1998, chapter 404, section 5, subdivision
5; Laws 1999, chapter 240, article 1, section 3; Laws 2000, chapter 492, article 1, section
5, subdivision 2; Laws 2001, First Special Session chapter 12, section 2, subdivision 2;
and Laws 2005, chapter 20, article 1, section 5, subdivision 3, the facilities owned by the
Joint Powers District No. 6067, East Metro Integration District, in Woodbury, known as
the Crosswinds school, may be conveyed to the Perpich School for Arts Education for
any public educational use.
new text end

new text begin Subd. 2. new text end

new text begin Staff transferred; contracts to remain separate. new text end

new text begin On or before April
10, 2013, the Perpich Center for Arts Education must notify all licensed and unlicensed
employees of the East Metro Integration District assigned to the Crosswinds school as of
February 1, 2013, except administrative employees, of open positions for the 2013-2014
school year. Employees shall notify the Perpich Center for Arts Education within 30 days
if they request appointment to a position. All requests must be granted. The commissioner
of management and budget shall assign these employees to the appropriate job classes in
the state civil service. Terms and conditions of employment for the transferred employees
on and after August 1, 2013, shall be determined by the collective bargaining agreement
or compensation plan applicable to each job class, provided that:
new text end

new text begin (1) a person who becomes a state employee under this section will have seniority
with the state as of the date the person became an employee of the East Metro Integration
District;
new text end

new text begin (2) if a person took a leave of absence from another school district to become an
employee of the East Metro Integration District, the person will have seniority with the
state as of the date the person first became an employee of the school district from which
the employee took the leave of absence;
new text end

new text begin (3) a separate seniority list shall be maintained for the Crosswinds site of the Perpich
Center for Arts Education from the seniority list for the Golden Valley site;
new text end

new text begin (4) the staff member shall receive the greater of:
new text end

new text begin (i) credit on the appointing salary schedule for the Perpich Center for Arts Education
for the staff member's years of continuous service under contract with the East Metro
Integration District and any member district, if applicable, and for the staff member's
educational attainment at the time of appointment; or
new text end

new text begin (ii) the salary that the staff member received in the East Metro Integration District;
new text end

new text begin (5) all staff appointed to the Crosswinds site of the Perpich Center for Arts Education
under this subdivision shall be deemed to have completed any applicable probationary
period; and
new text end

new text begin (6) all staff appointed to the Crosswinds site of the Perpich Center for Arts Education
under this subdivision shall receive credit for accumulations of sick leave, vacation, paid
time off, rights to severance benefits, and any other benefits, as if the staff member had
been employed by the Perpich Center for Arts Education during the staff member's years
of employment by the East Metro Integration District.
new text end

new text begin Subd. 3. new text end

new text begin Student enrollment. new text end

new text begin Any student enrolled in the Crosswinds school
during the 2012-2013 school year may continue to enroll in the Crosswinds school in
any subsequent year. For the 2013-2014 school year and later, a student may apply for
enrollment to the school at any time in the method and manner prescribed by the board.
new text end

new text begin Subd. 4. new text end

new text begin Compensatory revenue. new text end

new text begin For the 2013-2014 school year only, the
Department of Education must calculate compensatory revenue for the Crosswinds school
based on the fall 2012 enrollment counts at that site.
new text end

new text begin Subd. 5. new text end

new text begin Title 1 funding. new text end

new text begin To the extent possible, the Department of Education must
qualify the Crosswinds school for Title 1 funding as if the program were still operated by
Joint Powers District No. 6067, East Metro Integration District.
new text end

new text begin Subd. 6. new text end

new text begin Timelines notwithstanding. new text end

new text begin Any timelines established by resolution or
otherwise by Joint Powers Board No. 6067, East Metro Integration District, to convey the
Crosswinds school to another party are waived and are without effect.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end