SF 672

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:14am

A bill for an act
relating to education finance; simplifying mandates; allowing districts to report
summaries; reducing the number of projects that require consultation and review
and comment; clarifying the notice time for a leave to a charter school; clarifying
the definition of assistive technology device; repealing mandates; amending
Minnesota Statutes 2008, sections 16E.18, subdivision 2; 120A.32; 120B.11,
subdivision 5; 121A.035, subdivision 2; 121A.037; 122A.09, subdivision
7; 122A.61, subdivision 1; 123B.10, subdivision 1; 123B.143, subdivision
1; 123B.71, subdivisions 1, 8, 12; 124D.10, subdivisions 13, 20; 124D.19,
subdivision 3; 124D.68, subdivision 5; 125A.57, subdivision 2; 125A.61,
subdivision 1; 126C.44; 237.065, subdivision 2; 237.066, subdivision 2;
repealing Minnesota Statutes 2008, sections 120A.41; 120B.11, subdivisions 6,
7, 8; 120B.39; 121A.06; 122A.32; 122A.628; 122A.75; 123B.92, subdivision 5.

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

Section 1.

Minnesota Statutes 2008, section 16E.18, subdivision 2, is amended to read:

Subd. 2.

Creation.

Except as provided in subdivision 4, the chief information
officer, through the state information infrastructure, shall arrange for the provision of
information technology and telecommunications services to state agencies. The state
information infrastructure may also serve educational institutions, including public
schools as defined in section 120A.05, subdivisions 9, 11, 13, and 17, nonpublic, church
or religious organization schools that provide instruction in compliance with sections
120A.22 deleted text begin , deleted text end new text begin and new text end 120A.24, deleted text begin and 120A.41, deleted text end and private colleges; public corporations; Indian
tribal governments; state political subdivisions; and public noncommercial educational
television broadcast stations as defined in section 129D.12, subdivision 2. It is not a
telephone company for purposes of chapter 237. The chief information officer may
purchase, own, or lease any telecommunications network facilities or equipment after
first seeking bids or proposals and having determined that the private sector cannot, will
not, or is unable to provide these services, facilities, or equipment as bid or proposed in
a reasonable or timely fashion consistent with policy set forth in this section. The chief
information officer shall not resell or sublease any services or facilities to nonpublic
entities except to serve private schools and colleges. The chief information officer has
the responsibility for planning, development, and operations of the state information
infrastructure in order to provide cost-effective telecommunications transmission services
to state information infrastructure users consistent with the policy set forth in this section.

Sec. 2.

Minnesota Statutes 2008, section 120A.32, is amended to read:

120A.32 OFFICERS, TEACHERS; NEGLECT OF DUTY; PENALTY.

Any school officer, truant officer, public or nonpublic school teacher, principal,
district superintendent, or person providing instruction other than a parent refusing,
willfully failing, or neglecting to perform any duty imposed by sections 120A.22 to
120A.30, 120A.35, deleted text begin 120A.41, deleted text end and 123B.03 is guilty of a misdemeanor. All persons
found guilty shall be punished for each offense by a fine of not more than $10 or by
imprisonment for not more than ten days. All fines, when collected, shall be paid into the
county treasury for the benefit of the school district in which the offense is committed.

Sec. 3.

Minnesota Statutes 2008, section 120B.11, subdivision 5, is amended to read:

Subd. 5.

Report.

(a) By October 1 of each year, the school board shall use standard
statewide reporting procedures the commissioner develops and adopt a report that includes
the following:

(1) student achievement goals for meeting state academic standards;

(2) results of local assessment data, and any additional test data;

(3) the annual school district improvement plans including staff development goals
under section 122A.60;

(4) information about district and learning site progress in realizing previously
adopted improvement plans; and

(5) the amount and type of revenue attributed to each education site as defined
in section 123B.04.

(b) The school board shall publish new text begin a summary of new text end the report in the local newspaper
with the largest circulation in the district, by mail, or by electronic means such as the
district Web site. If electronic means are used, school districts must publish notice of the
report in a periodical of general circulation in the district. School districts must make
copies of the report available to the public on request. deleted text begin The board shall make a copy of the
report available to the public for inspection. The board shall send a copy of the report to
the commissioner of education by October 15 of each year.
deleted text end

(c) The title of the report shall contain the name and number of the school district and
read "Annual Report on Curriculum, Instruction, and Student Achievement." The report
must include at least the following information about advisory committee membership:

(1) the name of each committee member and the date when that member's term
expires;

(2) the method and criteria the school board uses to select committee members; and

(3) the date by which a community resident must apply to next serve on the
committee.

Sec. 4.

Minnesota Statutes 2008, section 121A.035, subdivision 2, is amended to read:

Subd. 2.

School district and charter school policy.

A school board and a
charter school must adopt a crisis management policy to address potential violent crisis
situations in the district or charter school. The policy must be developed cooperatively
with administrators, teachers, employees, students, parents, community members, law
enforcement agencies, other emergency management officials, county attorney offices,
social service agencies, emergency medical responders, and any other appropriate
individuals or organizations. The policy must include at least deleted text begin five deleted text end new text begin two new text end school lock-down
drills, deleted text begin five deleted text end new text begin two new text end school fire drills consistent with section 299F.30, and one tornado drill.

Sec. 5.

Minnesota Statutes 2008, section 121A.037, is amended to read:

121A.037 SCHOOL SAFETY DRILLS.

Private schools and educational institutions not subject to section 121A.035 must
have at least deleted text begin five deleted text end new text begin two new text end school lock-down drills, deleted text begin five deleted text end new text begin two new text end school fire drills consistent with
section 299F.30, and one tornado drill.

Sec. 6.

Minnesota Statutes 2008, section 122A.09, subdivision 7, is amended to read:

Subd. 7.

Commissioner's assistance; board money.

The commissioner shall
provide all necessary materials and assistance for the transaction of the business of the
Board of Teaching and all moneys received by the Board of Teaching shall be paid into
the state treasury as provided by law. The expenses of administering sections 122A.01,
122A.05 to 122A.09, 122A.15, 122A.16, 122A.17, 122A.18, 122A.20, 122A.21, 122A.22,
122A.23, 122A.26, 122A.30, deleted text begin 122A.32, deleted text end 122A.40, 122A.41, 122A.42, 122A.45, 122A.49,
122A.52, 122A.53, 122A.54, 122A.55, 122A.56, 122A.57, and 122A.58 which are
incurred by the Board of Teaching shall be paid for from appropriations made to the
Board of Teaching.

Sec. 7.

Minnesota Statutes 2008, section 122A.61, subdivision 1, is amended to read:

Subdivision 1.

Staff development revenue.

A district is required to reserve
an amount equal to at least two percent of the basic revenue under section 126C.10,
subdivision 2, for in-service education for programs under section 120B.22, subdivision
2, for staff development plans, including plans for challenging instructional activities
and experiences under section 122A.60, and for curriculum development and programs,
other in-service education, teachers' workshops, teacher conferences, the cost of
substitute teachers staff development purposes, preservice and in-service education for
special education professionals and paraprofessionals, and other related costs for staff
development efforts. A district may annually waive the requirement to reserve their basic
revenue under this section if a majority vote of the licensed teachers in the district and
a majority vote of the school board agree to a resolution to waive the requirement. A
district in statutory operating debt is exempt from reserving basic revenue according to
this section. Districts may expend an additional amount of unreserved revenue for staff
development based on their needs. deleted text begin With the exception of amounts reserved for staff
development from revenues allocated directly to school sites, the board must initially
allocate 50 percent of the reserved revenue to each school site in the district on a per
teacher basis, which must be retained by the school site until used. The board may retain
25 percent to be used for district wide staff development efforts. The remaining 25 percent
of the revenue must be used to make grants to school sites for best practices methods.
A grant deleted text end new text begin The revenue new text end may be used for any purpose authorized under section 120B.22,
subdivision 2, 122A.60, or for the costs of curriculum development and programs, other
in-service education, teachers' workshops, teacher conferences, substitute teachers for
staff development purposes, and other staff development efforts, and determined by
the site professional development team. The site professional development team must
demonstrate to the school board the extent to which staff at the site have met the outcomes
of the program. The board may withhold deleted text begin a portion of initial allocation of deleted text end new text begin the new text end revenue if
new text begin the board determines that new text end the staff development outcomes are not being met.

Sec. 8.

Minnesota Statutes 2008, section 123B.10, subdivision 1, is amended to read:

Subdivision 1.

Budgets; form of notification.

(a) Every board must publish revenue
and expenditure budgets for the current year and the actual revenues, expenditures, fund
balances for the prior year and projected fund balances for the current year in a form
prescribed by the commissioner within one week of the acceptance of the final audit by
the board, or November 30, whichever is earlier. The forms prescribed must be designed
so that year to year comparisons of revenue, expenditures and fund balances can be made.

(b) A school board annually must notify the public of its revenue, expenditures, fund
balances, and other relevant budget information. The board must include the budget
information required by this section in the materials provided as a part of its truth in
taxation hearing, post the materials in a conspicuous place on the district's official Web
site, including a link to the district's school report card on the Department of Education's
Web site, and publish new text begin a summary of new text end the information in a qualified newspaper of general
circulation in the district.

Sec. 9.

Minnesota Statutes 2008, section 123B.143, subdivision 1, is amended to read:

Subdivision 1.

Contract; duties.

All districts maintaining a classified secondary
school must employ a superintendent who shall be an ex officio nonvoting member of the
school board. The authority for selection and employment of a superintendent must be
vested in the board in all cases. An individual employed by a board as a superintendent
shall have an initial employment contract for a period of time no longer than three years
from the date of employment. Any subsequent employment contract must not exceed a
period of three years. A board, at its discretion, may or may not renew an employment
contract. A board must not, by action or inaction, extend the duration of an existing
employment contract. Beginning 365 days prior to the expiration date of an existing
employment contract, a board may negotiate and enter into a subsequent employment
contract to take effect upon the expiration of the existing contract. A subsequent contract
must be contingent upon the employee completing the terms of an existing contract. If a
contract between a board and a superintendent is terminated prior to the date specified in
the contract, the board may not enter into another superintendent contract with that same
individual that has a term that extends beyond the date specified in the terminated contract.
A board may terminate a superintendent during the term of an employment contract for any
of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
not rely upon an employment contract with a board to assert any other continuing contract
rights in the position of superintendent under section 122A.40. Notwithstanding the
provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
to the contrary, no individual shall have a right to employment as a superintendent based
on order of employment in any district. If two or more districts enter into an agreement for
the purchase or sharing of the services of a superintendent, the contracting districts have
the absolute right to select one of the individuals employed to serve as superintendent
in one of the contracting districts and no individual has a right to employment as the
superintendent to provide all or part of the services based on order of employment in a
contracting district. The superintendent of a district shall perform the following:

(1) visit and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;

(2) recommend to the board employment and dismissal of teachers;

(3) superintend school grading practices and examinations for promotions;

(4) make reports required by the commissioner; new text begin and
new text end

(5) deleted text begin by January 10, submit an annual report to the commissioner in a manner
prescribed by the commissioner, in consultation with school districts, identifying the
expenditures that the district requires to ensure an 80 percent student passage rate on
the MCA-IIs taken in the eighth grade, identifying the highest student passage rate the
district expects it will be able to attain on the MCA-IIs by grade 12, and the amount of
expenditures that the district requires to attain the targeted student passage rate; and
deleted text end

deleted text begin (6) deleted text end perform other duties prescribed by the board.

Sec. 10.

Minnesota Statutes 2008, section 123B.71, subdivision 1, is amended to read:

Subdivision 1.

Consultation.

A school district shall consult with the commissioner
of education before developing any plans and specifications to construct, remodel, or
improve the building or site of an educational facility for which the estimated cost
exceeds deleted text begin $250,000 deleted text end new text begin $500,000 new text end . This consultation shall occur before a referendum for bonds,
solicitation for bids, or use of capital expenditure facilities revenue according to section
126C.10, subdivision 14, clause (2). The commissioner may require the district to
participate in a management assistance plan before conducting a review and comment
on the project.

Sec. 11.

Minnesota Statutes 2008, section 123B.71, subdivision 8, is amended to read:

Subd. 8.

Review and comment.

A school district, a special education cooperative,
or a cooperative unit of government, as defined in section 123A.24, subdivision 2,
must not initiate an installment contract for purchase or a lease agreement, hold a
referendum for bonds, nor solicit bids for new construction, expansion, or remodeling of
an educational facility that requires an expenditure in excess of deleted text begin $500,000 deleted text end new text begin $1,000,000
new text end per school site prior to review and comment by the commissioner. The commissioner
may exempt a facility maintenance project funded with general education aid and levy,
alternative facilities bonding and levy program, or health and safety revenue from this
provision after reviewing a written request from a school district describing the scope of
work. A school board shall not separate portions of a single project into components to
avoid the requirements of this subdivision.

Sec. 12.

Minnesota Statutes 2008, section 123B.71, subdivision 12, is amended to read:

Subd. 12.

Publication.

(a) At least 20 days but not more than 60 days before a
referendum for bonds or solicitation of bids for a project that has received a positive or
unfavorable review and comment under section 123B.70, the school board shall publish new text begin a
summary of new text end the commissioner's review and comment of that project in the legal newspaper
of the district. Supplementary information shall be available to the public.

(b) The publication requirement in paragraph (a) does not apply to alternative
facilities projects approved under section 123B.59. Publication for alternative facilities
projects shall be as specified in section 123B.59, subdivisions 3 and 3a.

Sec. 13.

Minnesota Statutes 2008, section 124D.10, subdivision 13, is amended to read:

Subd. 13.

deleted text begin Length deleted text end new text begin Timing new text end of school year.

A charter school deleted text begin must provide instruction
each year for at least the number of days required by section 120A.41. It deleted text end may provide
instruction throughout the year according to sections 124D.12 to 124D.127 or 124D.128.

Sec. 14.

Minnesota Statutes 2008, section 124D.10, subdivision 20, is amended to read:

Subd. 20.

Leave to teach in a charter school.

If a teacher employed by a district
makes a written request for an extended leave of absence to teach at a charter school, the
district must grant the leave. The district must grant a leave not to exceed a total of five
years. Any request to extend the leave shall be granted only at the discretion of the school
board. The district may require that the request for a leave or extension of leave be made
deleted text begin up to 90 days before the teacher would otherwise have to report for duty deleted text end new text begin before February 1
in the school year preceding the school year in which the teacher wishes to begin the leave,
or February 1 of the calendar year in which the leave is scheduled to terminate new text end . Except
as otherwise provided in this subdivision and except for section 122A.46, subdivision 7,
the leave is governed by section 122A.46, including, but not limited to, reinstatement,
notice of intention to return, seniority, salary, and insurance.

During a leave, the teacher may continue to aggregate benefits and credits in the
Teachers' Retirement Association account by paying both the employer and employee
contributions based upon the annual salary of the teacher for the last full pay period before
the leave began. The retirement association may impose reasonable requirements to
efficiently administer this subdivision.

Sec. 15.

Minnesota Statutes 2008, section 124D.19, subdivision 3, is amended to read:

Subd. 3.

Community education director.

(a) Except as provided under paragraphs
(b) and (c), each board shall employ a licensed community education director. The board
shall submit the name of the person who is serving as director of community education
under this section on the district's annual community education report to the commissioner.

(b) A board may apply to the Minnesota Board of School Administrators under
Minnesota Rules, part 3512.3500, subpart 9, for authority to use an individual who is not
licensed as a community education director.

(c) A board of a district with a total population of deleted text begin 2,000 deleted text end new text begin 4,000 new text end or less may identify
an employee who holds a valid Minnesota new text begin teacher, new text end principal new text begin , new text end or superintendent license
under Minnesota Rules, chapter 3512, to serve as director of community education. To
be eligible for an exception under this paragraph, the board shall certify in writing to the
commissioner that the district has not placed a licensed director of community education
on unrequested leave.

Sec. 16.

Minnesota Statutes 2008, section 124D.68, subdivision 5, is amended to read:

Subd. 5.

Pupil enrollment.

new text begin (a) new text end Any eligible pupil may apply to enroll in an eligible
program. Approval of the resident district is not required for:

(1) an eligible pupil to enroll in any eligible program in a nonresident district under
subdivision 3 or 4 or an area learning center established under section 123A.05; or

(2) an eligible pupil under subdivision 2, to enroll in an adult basic education
program approved under section 124D.52.

new text begin (b) Notwithstanding paragraph (a), a nonresident district must first approve the
enrollment application of any eligible pupil who was expelled under section 121A.45 for a
reason stated in section 124D.03, subdivision 1, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2009-2010 school year and
later.
new text end

Sec. 17.

Minnesota Statutes 2008, section 125A.57, subdivision 2, is amended to read:

Subd. 2.

Assistive technology device.

"Assistive technology device" means any
item, piece of equipment, deleted text begin software, deleted text end or product system, whether acquired commercially
off the shelf, modified, or customized, that is used to increase, maintain, or improve
functional capabilities of children with disabilities. new text begin It does not mean a medical device that
is surgically implanted, or replacement of the device.
new text end

Sec. 18.

Minnesota Statutes 2008, section 125A.61, subdivision 1, is amended to read:

Subdivision 1.

State schools at Faribault.

The Minnesota State Academy for the
Deaf and the Minnesota State Academy for the Blind are residential schools in Faribault.
They are public schools under sections 122A.15 deleted text begin , deleted text end new text begin and new text end 122A.16 deleted text begin , and 122A.32 deleted text end and state
educational institutions.

Sec. 19.

Minnesota Statutes 2008, section 126C.44, is amended to read:

126C.44 SAFE SCHOOLS LEVY.

(a) Each district may make a levy on all taxable property located within the district
for the purposes specified in this section. The maximum amount which may be levied
for all costs under this section shall be equal to $30 multiplied by the district's adjusted
marginal cost pupil units for the school year. The proceeds of the levy must be reserved and
used for directly funding the following purposes or for reimbursing the cities and counties
who contract with the district for the following purposes: (1) to pay the costs incurred for
the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in
services in the district's schools; (2) to pay the costs for a drug abuse prevention program
as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools;
(3) to pay the costs for a gang resistance education training curriculum in the district's
schools; (4) to pay the costs for security in the district's schools and on school property; (5)
to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary
opt-in suicide prevention tools, and violence prevention measures taken by the school
district; or (6) to pay costs for licensed school counselors, licensed school nurses, licensed
school social workers, licensed school psychologists, and licensed alcohol and chemical
dependency counselors to help provide early responses to problems. For expenditures
under clause (1), the district must initially attempt to contract for services to be provided
by peace officers or sheriffs with the police department of each city or the sheriff's
department of the county within the district containing the school receiving the services. If
a local police department or a county sheriff's department does not wish to provide the
necessary services, the district may contract for these services with any other police or
sheriff's department located entirely or partially within the school district's boundaries.

(b) A school district that is a member of an intermediate school district may
include in its authority under this section the costs associated with safe schools activities
authorized under paragraph (a) for intermediate school district programs. This authority
must not exceed $10 times the adjusted marginal cost pupil units of the member districts.
This authority is in addition to any other authority authorized under this section. Revenue
raised under this paragraph must be transferred to the intermediate school district.

(c) A school district must set aside at least $3 per adjusted marginal cost pupil unit
of the safe schools levy proceeds for the purposes authorized under paragraph (a), clause
(6). deleted text begin The district must annually certify that its total spending on services provided by the
employees listed in paragraph (a), clause (6), is not less than the sum of its expenditures
for these purposes, excluding amounts spent under this section, in the previous year plus
the amount spent under this section.
deleted text end

Sec. 20.

Minnesota Statutes 2008, section 237.065, subdivision 2, is amended to read:

Subd. 2.

Basic and advanced telecommunication service; reduced rate.

(a)
Notwithstanding the provisions of sections 237.09, 237.14, 237.60, subdivision 3, and
237.74, each telephone company and telecommunications carrier that provides local
telephone service in a service area that includes a school that has classes within the
range from kindergarten to grade 12, a public library, or a telecommunication services
purchasing cooperative may provide, upon request, basic and advanced telecommunication
services at reduced or no cost to that school, library, or may provide, upon request,
advanced telecommunication services at reduced wholesale rates to the members of a
telecommunication services purchasing cooperative. For purposes of this section, a
"telecommunication services purchasing cooperative" means a cooperative organized
under section 308A.210. A school or library receiving telecommunications services at
reduced or no cost may not resell or sublease the discounted services. No members of a
telecommunication services purchasing cooperative may resell or sublease the discounted
services. A purchasing cooperative is not required to negotiate or provide a uniform rate
for its members. Telecommunications services shall be provided in accordance with
Public Law 104-104, and the regulations of the Federal Communications Commission
adopted under the act.

(b) An agent that provides telecommunications services to a school or library may
request the favorable rate on behalf of and for the exclusive benefit of the school or library.
The school or library must authorize the agent to make the request of the local telephone
company or telecommunications carrier. The telephone company or telecommunications
carrier is not required to offer the same price discount to the agent that it would offer to the
school district or library. An agent that receives a price discount for telecommunications
services on behalf of a school or library may only resell or sublease the discounted
services to that school or library.

(c) For the purposes of this subdivision, "school" includes a public school as defined
in section 120A.05, nonpublic, and church or religious organization schools that provide
instruction in compliance with sections 120A.22 deleted text begin , deleted text end new text begin and new text end 120A.24 deleted text begin , and 120A.41 deleted text end .

Sec. 21.

Minnesota Statutes 2008, section 237.066, subdivision 2, is amended to read:

Subd. 2.

Program participation.

A state government telecommunications pricing
plan may be available to serve individually or collectively: state agencies; educational
institutions, including public schools complying with section 120A.05, subdivision 9, 11,
13, or 17, and nonpublic schools complying with sections 120A.22 deleted text begin , deleted text end new text begin and new text end 120A.24 deleted text begin , and
120A.41 deleted text end ; private colleges; public corporations; and political subdivisions of the state.
Plans shall be available to carry out the commissioner of administration's duties under
sections 16E.17 and 16E.18 and shall also be available to those entities not using the
commissioner for contracting for telecommunications services.

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 120A.41; 120B.11, subdivisions 6, 7, and 8;
120B.39; 121A.06; 122A.32; 122A.628; 122A.75; and 123B.92, subdivision 5, new text end new text begin are
repealed the day following final enactment.
new text end