Minnesota Legislature
HF 1117
as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to state government; families and early 1.3 childhood education; kindergarten through grade 12; 1.4 providing for general education; special programs; 1.5 lifework development; facilities and technology; 1.6 education excellence; other programs; nutrition 1.7 programs; libraries; children and family support 1.8 programs; community and systems change; prevention and 1.9 intervention; self-sufficiency and lifelong learning; 1.10 state agencies; appropriating money; amending 1.11 Minnesota Statutes 1998, sections 13.46, subdivision 1.12 2; 16B.405, subdivision 2; 119A.01; 119B.01, 1.13 subdivisions 2, 10, 12, 13, 15, 16, and 17; 119B.02, 1.14 subdivision 1, and by adding a subdivision; 119B.03, 1.15 subdivisions 3, 4, and 9; 119B.04, subdivision 1; 1.16 119B.05, subdivision 1; 119B.061; 119B.07; 119B.08, 1.17 subdivision 3; 119B.09, subdivisions 1, 3, 5, and 7; 1.18 119B.10, subdivision 1; 119B.12, subdivision 2; 1.19 119B.13; 119B.14; 119B.15; 120A.24, subdivision 1; 1.20 121.8355, by adding a subdivision; 122A.26, by adding 1.21 a subdivision; 123A.05, subdivision 2; 123A.48, 1.22 subdivision 10; 123B.92, subdivision 9; 124C.55, by 1.23 adding a subdivision; 124D.11, subdivisions 1, 6, and 1.24 by adding a subdivision; 124D.19, subdivision 11; 1.25 124D.22; 124D.453, subdivisions 3 and 5; 124D.454, 1.26 subdivision 5; 124D.53, subdivision 3; 124D.54, 1.27 subdivision 1; 124D.65, subdivision 4; 124D.86, 1.28 subdivision 6; 124D.88, subdivision 3; 124D.94, 1.29 subdivisions 3, 6, and 7; 125A.76, subdivisions 1 and 1.30 4; 125A.79, subdivisions 1, 2, and by adding 1.31 subdivisions; 125B.05, subdivision 3; 126C.05, 1.32 subdivision 15; 126C.10, subdivisions 1, 2, 4, and by 1.33 adding a subdivision; 126C.12; 126C.13, subdivision 2; 1.34 126C.15; 126C.17, subdivision 5; 126C.46; 127A.45, 1.35 subdivision 2; 127A.47, subdivisions 7 and 8; and 1.36 466.01, subdivision 1; Laws 1992, chapter 499, article 1.37 7, section 31, as amended; and Laws 1996, chapter 412, 1.38 article 1, section 35; proposing coding for new law in 1.39 Minnesota Statutes, chapter 124D; repealing Minnesota 1.40 Statutes 1998, sections 119A.04, subdivision 5; 1.41 119A.46; 119B.01, subdivision 12a; 119B.03, 1.42 subdivision 7; 119B.05, subdivision 6; 119B.075; 1.43 119B.17; 122A.31; 123B.64, subdivisions 1, 2, 3, and 1.44 4; 123B.89; 123B.90; 123B.91; 123B.92, subdivisions 2, 1.45 4, 6, 7, 8, and 10; 124D.112; 124D.14; 124D.22; 1.46 124D.24; 124D.25; 124D.26; 124D.27; 124D.28; 124D.29; 2.1 124D.30; 124D.453, subdivision 1; 124D.65, subdivision 2.2 3; 124D.70; 124D.90; 125A.09; 125A.76, subdivision 6; 2.3 125A.77; 125A.79, subdivision 3 and 127A.41, 2.4 subdivisions 8 and 9; 134.155; 136A.233; Laws 1995, 2.5 First Special Session chapter 3, article 3, section 2.6 11; Laws 1997, First Special Session chapter 4, 2.7 article 1, section 62, subdivision 5; Laws 1997, First 2.8 Special Session chapter 4, article 2, section 51, 2.9 subdivision 10; Laws 1997, First Special Session 2.10 chapter 4, article 3, section 5; and article 8, 2.11 section 5; and Laws 1998, chapter 398, article 2, 2.12 section 57. 2.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.14 ARTICLE 1 2.15 GENERAL EDUCATION 2.16 Section 1. Minnesota Statutes 1998, section 123B.92, 2.17 subdivision 9, is amended to read: 2.18 Subd. 9. [NONPUBLIC PUPIL TRANSPORTATION AID.] (a) A 2.19 district's nonpublic pupil transportation aid for the 1996-1997 2.20 and later school years for transportation services for nonpublic 2.21 school pupils according to sections 123B.88, 123B.84 to 123B.86, 2.22 and this section, equals the sum of the amounts computed in 2.23 paragraphs (b) and (c). This aid does not limit the obligation 2.24 to transport pupils under sections 123B.84 to 123B.87. 2.25 (b) For regular and excess transportation according to 2.26 subdivision 1, paragraph (b), clauses (1) and (2), an amount 2.27 equal to the product of: 2.28 (1) the district's actual expenditure per pupil transported 2.29 in the regular and excess transportation categories during the 2.30 second preceding school year; times 2.31 (2) the number of nonpublic school pupils residing in the 2.32 district who receive regular or excess transportation service or 2.33 reimbursement for the current school year; times 2.34 (3) the ratio of the formula allowance pursuant to section 2.35 126C.10, subdivision 2, for the current school year to the 2.36 formula allowance pursuant to section 126C.10, subdivision 2, 2.37 for the second preceding school year. 2.38 (c) For nonpublic nonregular transportation according to 2.39 subdivision 1, paragraph (b), clause (5), an amount equal to the 2.40 product of: 2.41 (1) the district's actual expenditure for nonpublic 3.1 nonregular transportation during the second preceding school 3.2 year; times 3.3 (2) the ratio of the formula allowance pursuant to section 3.4 126C.10, subdivision 2, for the current school year to the 3.5 formula allowance pursuant to section 126C.10, subdivision 2, 3.6 for the second preceding school year. 3.7 (d) Notwithstanding the amount of the formula allowance for 3.8 fiscal years1997 and 19982000, 2001, and 2002 in section 3.9 126C.10, subdivision 2, the commissioner shall use the amount of 3.10 the formula allowance for the current yearless $300plus $130 3.11 in determining the nonpublic pupil transportation revenue in 3.12 paragraphs (b) and (c) for fiscalyears 1997 and 1998year 2000, 3.13 and the amount of the formula allowance less $67 in determining 3.14 the nonpublic pupil transportation revenue in paragraphs (b) and 3.15 (c) for fiscal years 2001 and 2002. 3.16 Sec. 2. Minnesota Statutes 1998, section 126C.05, 3.17 subdivision 15, is amended to read: 3.18 Subd. 15. [LEARNING YEAR PUPIL UNITS.] (a) When a pupil is 3.19 enrolled in a learning year program under section 124D.128, an 3.20 area learning center under sections 123A.05 and 123A.06, an 3.21 alternative program approved by the commissioner, or a contract 3.22 alternative program under section 124D.68, subdivision 3, 3.23 paragraph (d), or subdivision 3a, for more than1,0201,038 3.24 hours in a school year for a secondary student, more than 3.25935952 hours in a school year for an elementary student, or 3.26 more than425433 hours in a school year for a kindergarten 3.27 student without a disability, that pupil may be counted as more 3.28 than one pupil in average daily membership. The amount in 3.29 excess of one pupil must be determined by the ratio of the 3.30 number of hours of instruction provided to that pupil in excess 3.31 of: (i) the greater of1,0201,038 hours or the number of hours 3.32 required for a full-time secondary pupil in the district 3.33 to1,0201,038 for a secondary pupil; (ii) the greater of9353.34 952 hours or the number of hours required for a full-time 3.35 elementary pupil in the district to935952 for an elementary 3.36 pupil in grades 1 through 6; and (iii) the greater of425433 4.1 hours or the number of hours required for a full-time 4.2 kindergarten student without a disability in the district to4254.3 433 for a kindergarten student without a disability. Hours that 4.4 occur after the close of the instructional year in June shall be 4.5 attributable to the following fiscal year. A kindergarten 4.6 student must not be counted as more than 1.2 pupils in average 4.7 daily membership under this subdivision. 4.8 (b)(i) To receive general education revenue for a pupil in 4.9 an alternative program that has an independent study component, 4.10 a district must meet the requirements in this paragraph. The 4.11 district must develop, with the pupil, a continual learning plan 4.12 for the pupil. A district must allow a minor pupil's parent or 4.13 guardian to participate in developing the plan, if the parent or 4.14 guardian wants to participate. The plan must identify the 4.15 learning experiences and expected outcomes needed for 4.16 satisfactory credit for the year and for graduation. The plan 4.17 must be updated each year. Each school district that has a 4.18 state-approved public alternative program must reserve revenue 4.19 in an amount equal to at least 90 percent of the district 4.20 average general education revenue per pupil unit less 4.21 compensatory revenue per pupil unit times the number of pupil 4.22 units generated by students attending a state-approved public 4.23 alternative program. The amount of reserved revenue available 4.24 under this subdivision may only be spent for program costs 4.25 associated with the state-approved public alternative program. 4.26 Compensatory revenue must be allocated according to section 4.27 126C.15, subdivision 2. 4.28 (ii) General education revenue for a pupil in an approved 4.29 alternative program without an independent study component must 4.30 be prorated for a pupil participating for less than a full year, 4.31 or its equivalent. Each school district that has a 4.32 state-approved public alternative program must reserve revenue 4.33 in an amount equal to at least 90 percent of the district 4.34 average general education revenue per pupil unit less 4.35 compensatory revenue per pupil unit times the number of pupil 4.36 units generated by students attending a state-approved public 5.1 alternative program. The amount of reserved revenue available 5.2 under this subdivision may only be spent for program costs 5.3 associated with the state-approved public alternative program. 5.4 Compensatory revenue must be allocated according to section 5.5 126C.15, subdivision 2. 5.6 (iii) General education revenue for a pupil in an approved 5.7 alternative program that has an independent study component must 5.8 be paid for each hour of teacher contact time and each hour of 5.9 independent study time completed toward a credit or graduation 5.10 standards necessary for graduation. Average daily membership 5.11 for a pupil shall equal the number of hours of teacher contact 5.12 time and independent study time divided by 1,020. 5.13 (iv) For an alternative program having an independent study 5.14 component, the commissioner shall require a description of the 5.15 courses in the program, the kinds of independent study involved, 5.16 the expected learning outcomes of the courses, and the means of 5.17 measuring student performance against the expected outcomes. 5.18 Sec. 3. Minnesota Statutes 1998, section 126C.10, 5.19 subdivision 1, is amended to read: 5.20 Subdivision 1. [GENERAL EDUCATION REVENUE.] For fiscal 5.21 year19992000 and thereafter, the general education revenue for 5.22 each district equals the sum of the district's basic 5.23 revenue, class size reduction revenue, basic skills revenue, 5.24 training and experience revenue, secondary sparsity revenue, 5.25 elementary sparsity revenue, transportation sparsity revenue, 5.26 total operating capital revenue, graduation standards 5.27 implementation revenue, transition revenue, and supplemental 5.28 revenue. 5.29 Sec. 4. Minnesota Statutes 1998, section 126C.10, 5.30 subdivision 2, is amended to read: 5.31 Subd. 2. [BASIC REVENUE.] The basic revenue for each 5.32 district equals the formula allowance times the sum of the 5.33 resident pupil units plus .25 times the pupil units for 5.34 prekindergarten pupils with a disability under section 126C.05, 5.35 subdivision 1, paragraph (a), for the school year.The formula5.36allowance for fiscal year 1997 is $3,505.The formula allowance 6.1 for fiscal year 1998 is $3,581and. The formula allowance for 6.2 fiscal year 1999and fiscal year 2000is $3,530. The formula 6.3 allowance for fiscal year 2000 is $3,618. The formula allowance 6.4 for fiscal year 2001 and subsequent fiscal years 6.5 is$3,597$3,779. 6.6 Sec. 5. Minnesota Statutes 1998, section 126C.10, 6.7 subdivision 4, is amended to read: 6.8 Subd. 4. [BASIC SKILLS REVENUE.] For fiscal year 1999 and 6.9 thereafter, a school district's basic skills revenue equals the 6.10 sum of: 6.11 (1) compensatory revenue under subdivision 3; plus 6.12 (2) limited English proficiency revenue according to 6.13 section 124D.65, subdivision 5; plus 6.14 (3) $190 times the limited English proficiency pupil units 6.15 according to section 126C.05, subdivision 17; plus 6.16 (4)the lesser of: (i)$22.50 times the number of adjusted 6.17 pupil units in kindergarten to grade 8; or (ii) the amount of6.18district money provided to match basic skills revenue for the6.19purposes described in section 126C.15. 6.20 Sec. 6. Minnesota Statutes 1998, section 126C.10, is 6.21 amended by adding a subdivision to read: 6.22 Subd. 23. [CLASS SIZE REDUCTION REVENUE.] The class size 6.23 reduction revenue for a district with an approved plan under 6.24 section 126C.12, subdivision 6, equals the sum of $185 times the 6.25 average daily membership in regular kindergarten plus $370 times 6.26 the average daily membership in grades 1 through 3. 6.27 Sec. 7. Minnesota Statutes 1998, section 126C.12, is 6.28 amended to read: 6.29 126C.12 [CLASS SIZE REDUCTION AND LEARNING AND DEVELOPMENT 6.30 REVENUE AMOUNT AND USE.] 6.31 Subdivision 1. [REVENUE.] Of a district's general 6.32 education revenue an amount equal to the sum of (1) the class 6.33 size reduction revenue under section 126C.10, subdivision 23, 6.34 plus (2) the sum of the number of elementary fund balance pupils 6.35 in average daily membership defined in section 126C.05, 6.36 subdivision 5, and one-half of the number of kindergarten fund 7.1 balance pupils in average daily membership as defined in section 7.2 126C.05, subdivision 5, times .06 for fiscal year 1995 and 7.3 thereafter times the formula allowance must be reserved 7.4 according to this section. 7.5 Subd. 2. [INSTRUCTOR DEFINEDDEFINITIONS.]Primary7.6instructor(a) "Classroom teacher" means a public employee 7.7 licensed by the board of teaching who is authorized to teach all 7.8 subjects to children in kindergarten through grade 6 and whose 7.9 duties are full-time regular classroom instruction, excluding a 7.10 teacher for whom federal aids are received or for whom 7.11 categorical aids are received pursuant tosectionssection 7.12 125A.76and 125A.77or who is an itinerant teacher or provides 7.13 instruction outside of the regular classroom. Except as 7.14 provided in section 122A.68, subdivision 6,instructorclassroom 7.15 teacher does not include supervisory and support personnel,7.16except school social workers as defined in section 122A.15.An7.17instructorA classroom teacher whose duties are less than 7.18 full-time instruction must be included as an equivalent only for 7.19 the number of hours of instruction ingradeskindergarten 7.20 through6grade 3. 7.21 (b) "Class size" means the district wide ratio of the 7.22 number of full-time students in grades kindergarten through 3 7.23 served at least 40 percent of the time in regular classrooms to 7.24 the number of full-time classroom teachers in grades 7.25 kindergarten through 3, determined as of October 1. 7.26 Subd. 3. [INSTRUCTION CONTACT TIME.] Instruction may be 7.27 provided by aprimary instructor,classroom teacher or by a team 7.28 ofinstructors, or by teacher resident supervised by a primary7.29instructorclassroom teachers. The district must 7.30 maximizeinstructorclassroom teacher to learner average 7.31 instructional contact time. 7.32 Subd. 4. [REVENUE USE.] (a) Revenue must be used according 7.33 to either paragraph (b) or (c). 7.34 (b) Revenue must be used to reduce and maintain the 7.35 district'sinstructor to learner ratiosaverage class size in 7.36 kindergarten through grade63 to a level of 1 to 17 on 8.1 average.The district must prioritize the use of the revenue to8.2attain this level initially in kindergarten and grade 1 and then8.3through the subsequent grades as revenue is available.8.4 (c) The revenue may be used to prepare and use an 8.5 individualized learning plan for each learner. A district must 8.6 not increase the district wideinstructor-to-learner ratios8.7 class sizes in other grades as a result of 8.8 reducinginstructor-to-learner ratiosclass sizes in 8.9 kindergarten through grade63. Revenue may not be used to 8.10 provide instructor preparation timeor to provide the district's8.11share of revenue required under section 124D.67. A district may 8.12 use a portion of the revenue reserved under this section to 8.13 employ up to the same number of full-time equivalenteducation8.14assistants or aides as the district employed during the8.151992-1993 school year under Minnesota Statutes 1992, section8.16124.331, subdivision 2instructors not meeting the definition of 8.17 a classroom teacher under subdivision 2 as the district employed 8.18 during the 1998-1999 school year under this section. 8.19 Subd. 5. [ADDITIONAL REVENUE USE.] If the board of a 8.20 district determines that the district has achieved and is 8.21 maintaining theinstructor-to-learner ratiosclass sizes 8.22 specified in subdivision 4 and is using individualized learning 8.23 plans, or has received a waiver from the commissioner under 8.24 subdivision 6, the board may use the revenue to reduce class 8.25 sizes in grades 4 through 6, provide full-day kindergarten, 8.26 employ additional education assistants or aides, improve program 8.27 offerings, purchase instructional materialand, services, or 8.28 technology, provide staff development needed for 8.29 reducedinstructor-to-learner ratios. If additional revenue8.30remains, the district must use the revenue to improve program8.31offerings, including programs provided through interactive8.32television, throughout the district or other general education8.33purposesclass sizes, or for other strategies to improve student 8.34 achievement, according to the district's plan approved under 8.35 subdivision 6. 8.36 Subd. 6. [APPROVED PLAN.] (a) A district is eligible for 9.1 class size reduction revenue under section 126C.10, subdivision 9.2 23, if the school board adopts a biennial class size reduction, 9.3 learning and development plan, and the plan is approved by the 9.4 commissioner. 9.5 (b) The plan must include the actual class size as defined 9.6 in subdivision 2, paragraph (b), for kindergarten through grade 9.7 3 for fiscal year 1999, the number of additional classroom 9.8 teachers to be employed each year of the biennium to reduce 9.9 class size below the fiscal year 1999 level, and the proposed 9.10 class size for kindergarten through grade 3 for each year of the 9.11 biennium. The plan must also include a budget summary for the 9.12 class size reduction and learning and development revenue in the 9.13 format prescribed by the commissioner in consultation with 9.14 districts and a statement of assurance that the expenditures 9.15 under the plan supplement, not supplant, programs provided by 9.16 the district during fiscal year 1999 using other revenue sources. 9.17 (c) The first priority for the use of class size reduction 9.18 revenue must be to reduce the district average class size from 9.19 the district's fiscal year 1999 level to 17 for kindergarten 9.20 through grade 3. If the district faces classroom space 9.21 constraints, the board must consider all available options for 9.22 increasing the amount of classroom space available for 9.23 kindergarten through grade 3, including reallocating existing 9.24 space through changes in the grade levels assigned to school 9.25 buildings, and increasing overall space through building leases, 9.26 additions, or new construction. 9.27 (d) If the district has achieved a class size of 17 for 9.28 reading and math instruction in kindergarten through grade 3 and 9.29 there are exceptional circumstances, including unavoidable 9.30 classroom space constraints, statutory operating debt, or the 9.31 loss of operating referendum authority, a district may apply to 9.32 the commissioner for a waiver from the requirement that the 9.33 class size reduction revenue be used first to reduce the 9.34 district average class size from the district's fiscal year 1999 9.35 level to 17 for kindergarten through grade 3 by describing in 9.36 its plan the rationale for the waiver. 10.1 (e) A district's biennial class size reduction, learning 10.2 development plan must be submitted to the commissioner by August 10.3 15 of each odd-numbered year. 10.4 Subd. 7. [ANNUAL REPORT.] By August 15 each year, a 10.5 district receiving class size reduction revenue must submit a 10.6 report to the commissioner in the manner prescribed by the 10.7 commissioner in consultation with districts. The report must 10.8 include the district's class size as defined in subdivision 2, 10.9 paragraph (b), for kindergarten through grade 3 and a summary of 10.10 the district's actual expenditures by program component for the 10.11 preceding fiscal year. In the district's report required under 10.12 section 120B.11, subdivision 5, districts receiving revenue 10.13 under this section shall include data measuring the impact of 10.14 class size reduction on student achievement. 10.15 Sec. 8. Minnesota Statutes 1998, section 126C.13, 10.16 subdivision 2, is amended to read: 10.17 Subd. 2. [GENERAL EDUCATION LEVY.] To obtain general 10.18 education revenue, excluding transition revenue and supplemental 10.19 revenue, a district may levy an amount not to exceed the general 10.20 education tax rate times the adjusted net tax capacity of the 10.21 district for the preceding year. If the amount of the general 10.22 education levy would exceed the general education revenue, 10.23 excluding transition revenue and supplemental revenue, the 10.24 general education levy must be determined according to 10.25 subdivision 3. 10.26 Sec. 9. Minnesota Statutes 1998, section 126C.15, is 10.27 amended to read: 10.28 126C.15 [COMPENSATORY EDUCATIONBASIC SKILLS REVENUE.] 10.29 Subdivision 1. [USE OF THE REVENUE.] Thecompensatory10.30educationbasic skills revenue under section 126C.10, 10.31 subdivision34, and the portion of the transition revenue 10.32 adjustment under section 126C.10, subdivision 20, attributable 10.33 to the compensatory transition allowance under section 126C.10, 10.34 subdivision 19, paragraph (b), must be reserved and used to meet 10.35 the educational needs of pupils who enroll under-prepared to 10.36 learn and whose progress toward meeting state or local content 11.1 or performance standards is below the level that is appropriate 11.2 for learners of their age. Any of the following may be provided 11.3 to meet these learners' needs: 11.4 (1) direct instructional services under the assurance of 11.5 mastery program according to section 124D.66; 11.6 (2) remedial instruction in reading, language arts, 11.7 mathematics, other content areas, or study skills to improve the 11.8 achievement level of these learners; 11.9 (3) additional teachers and teacher aides to provide more 11.10 individualized instruction to these learners through individual 11.11 tutoring, lower instructor-to-learner ratios, or team teaching; 11.12 (4) a longer school day or week during the regular school 11.13 year or through a summer program that may be offered directly by 11.14 the site or under a performance-based contract with a 11.15 community-based organization; 11.16 (5) comprehensive and ongoing staff development consistent 11.17 with district and site plans according to section 122A.60, for 11.18 teachers, teacher aides, principals, and other personnel to 11.19 improve their ability to identify the needs of these learners 11.20 and provide appropriate remediation, intervention, 11.21 accommodations, or modifications; 11.22 (6) instructional materials and technology appropriate for 11.23 meeting the individual needs of these learners; 11.24 (7) programs to reduce truancy, encourage completion of 11.25 high school, enhance self-concept, provide health services, 11.26 provide nutrition services, provide a safe and secure learning 11.27 environment, provide coordination for pupils receiving services 11.28 from other governmental agencies, provide psychological services 11.29 to determine the level of social, emotional, cognitive, and 11.30 intellectual development, and provide counseling services, 11.31 guidance services, and social work services; 11.32 (8) bilingual programs, bicultural programs, and programs 11.33 for learners of limited English proficiency; 11.34 (9) all day kindergarten; 11.35 (10) extended school day and extended school year programs; 11.36 (11) substantial parent involvement in developing and 12.1 implementing remedial education or intervention plans for a 12.2 learner, including learning contracts between the school, the 12.3 learner, and the parent that establish achievement goals and 12.4 responsibilities of the learner and the learner's parent or 12.5 guardian; and 12.6 (12) other methods to increase achievement, as needed. 12.7 Subd. 2. [BUILDING ALLOCATION.] (a) A district must 12.8 allocate its compensatory revenue to each school building in the 12.9 district where the children who have generated the revenue are 12.10 served. 12.11 (b) Notwithstanding paragraph (a), for fiscal years 1999 12.12 and 2000, upon approval by the commissioner, a district may 12.13 allocate up to five percent of the amount of compensatory 12.14 revenue that the district would have received under section 12.15 126C.10, subdivision 3, for fiscal year 1998 to school sites 12.16 according to a plan adopted by the school board. 12.17 (c) For the purposes of this section and section 126C.05, 12.18 subdivision 3, "building" means education site as defined in 12.19 section 123B.04, subdivision 1. 12.20 (d) If the pupil is served at a site other than one owned 12.21 and operated by the district, the revenue shall be paid to the 12.22 district and used for services for pupils who generate the 12.23 revenue. 12.24 Subd. 3. [RECOMMENDATION.] A school site decision-making 12.25 team, as defined in section 123B.04, subdivision 3, paragraph 12.26 (a), or the instruction and curriculum advisory committee under 12.27 section 120B.11, if the school has no school site decision team, 12.28 shall recommend how the compensatory education revenue will be 12.29 used to carry out the purpose of this section. 12.30 Subd. 4. [SEPARATE ACCOUNTS.] Each district that 12.31 receivescompensatory educationbasic skills revenue shall 12.32 maintain separate accounts to identify expenditures for salaries 12.33 and programs related to basic skills revenue. 12.34 Subd. 5. [ANNUAL EXPENDITURE REPORT.] Each year a district 12.35 that receivescompensatory educationbasic skills revenue must 12.36 submit a report identifying the expenditures it incurred to meet 13.1 the needs of eligible learners under subdivision 1. The report 13.2 must conform to uniform financial and reporting standards 13.3 established for this purpose. 13.4 Sec. 10. Minnesota Statutes 1998, section 126C.17, 13.5 subdivision 5, is amended to read: 13.6 Subd. 5. [REFERENDUM EQUALIZATION REVENUE.] (a) A 13.7 district's referendum equalization revenue equals$350the 13.8 referendum equalization allowance times the district's resident 13.9 pupil units for that year. 13.10 (b) The referendum equalization allowance equals $350 for 13.11 fiscal year 2000, $415 for fiscal year 2001, $455 for fiscal 13.12 year 2002, and $465 for fiscal year 2003 and later. 13.13 (c) Referendum equalization revenue must not exceed a 13.14 district's total referendum revenue for that year. 13.15 Sec. 11. Minnesota Statutes 1998, section 127A.45, 13.16 subdivision 2, is amended to read: 13.17 Subd. 2. [DEFINITIONS.] (a) The term "other district 13.18 receipts" means payments by county treasurers pursuant to 13.19 section 276.10, apportionments from the school endowment fund 13.20 pursuant to section 127A.33, apportionments by the county 13.21 auditor pursuant to section 127A.34, subdivision 2, and payments 13.22 to school districts by the commissioner of revenue pursuant to 13.23 chapter 298. 13.24 (b) The term "cumulative amount guaranteed" meansthe sum13.25of the following:13.26(1) one-third of the final adjustment payment according to13.27subdivision 9; plus13.28(2)the product of 13.29(i)(1) the cumulative disbursement percentage shown in 13.30 subdivision 3; times 13.31(ii)(2) the sum of 13.32 (i) 90 percent of the estimated aid and credit entitlements 13.33 paid according to subdivision 13; plus 13.34 (ii) 100 percent of the entitlements paid according to 13.35 subdivisions 11 and 12; plus 13.36 (iii) the other district receipts; plus 14.1 (iv) the final adjustment payment according to subdivision 14.2 9. 14.3 (c) The term "payment date" means the date on which state 14.4 payments to districts are made by the electronic funds transfer 14.5 method. If a payment date falls on a Saturday, a Sunday, or a 14.6 weekday which is a legal holiday, the payment shall be made on 14.7 the immediately following business day. The commissioner may 14.8 make payments on dates other than those listed in subdivision 3, 14.9 but only for portions of payments from any preceding payment 14.10 dates which could not be processed by the electronic funds 14.11 transfer method due to documented extenuating circumstances. 14.12 Sec. 12. Minnesota Statutes 1998, section 127A.47, 14.13 subdivision 7, is amended to read: 14.14 Subd. 7. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general 14.15 education aid for districts must be adjusted for each pupil 14.16 attending a nonresident district under sections 123A.05 to 14.17 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, and 124D.68. The 14.18 adjustments must be made according to this subdivision. 14.19 (a) General education aid paid to a resident district must 14.20 be reduced by an amount equal to the general education 14.21 revenue and referendum equalization revenue exclusive of basic 14.22 skills revenue attributable to the pupil in the resident 14.23 district. 14.24 (b) General education aid paid to a district serving a 14.25 pupil in programs listed in this subdivision must be increased 14.26 by an amount equal to the general education revenue and 14.27 referendum equalization revenue exclusive of basic skills 14.28 revenue attributable to the pupil in the nonresident district. 14.29 (c) If the amount of the reduction to be made from the 14.30 general education aid of the resident district is greater than 14.31 the amount of general education aid otherwise due the district, 14.32 the excess reduction must be made from other state aids due the 14.33 district. 14.34 (d) The district of residence must pay tuition to a 14.35 district or an area learning center, operated according to 14.36 paragraph (e), providing special instruction and services to a 15.1 pupil with a disability, as defined in section 125A.02, or a 15.2 pupil, as defined in section 125A.51, who is enrolled in a 15.3 program listed in this subdivision. The tuition must be equal 15.4 to (1) the actual cost of providing special instruction and 15.5 services to the pupil, including a proportionate amount for debt 15.6 service and for capital expenditure facilities and equipment, 15.7 and debt service but not including any amount for 15.8 transportation, minus (2) the amount of general education aid 15.9 and special education aid, attributable to that pupil, that is 15.10 received by the district providing special instruction and 15.11 services. 15.12 (e) An area learning center operated by a service 15.13 cooperative, intermediate district, education district, or a 15.14 joint powers cooperative may elect through the action of the 15.15 constituent boards to charge tuition for pupils rather than to 15.16 calculate general education aid adjustments under paragraph (a), 15.17 (b), or (c). The tuition must be equal to the greater of the 15.18 average general education revenue per pupil unit attributable to 15.19 the pupil, or the actual cost of providing the instruction, 15.20 excluding transportation costs, if the pupil meets the 15.21 requirements of section 125A.02 or 125A.51. 15.22 Sec. 13. Minnesota Statutes 1998, section 127A.47, 15.23 subdivision 8, is amended to read: 15.24 Subd. 8. [CHARTER SCHOOLS.] (a) The general education aid 15.25 for districts must be adjusted for each pupil attending a 15.26 charter school under section 124D.10. The adjustments must be 15.27 made according to this subdivision. 15.28 (b) General education aid paid to a resident district must 15.29 be reduced by an amount equal to the general education 15.30 revenue and referendum equalization revenue exclusive of basic 15.31 skills revenue attributable to the pupil in the resident 15.32 district. 15.33 (c) General education aid paid to a district in which a 15.34 charter school not providing transportation according to section 15.35 124D.10, subdivision 16, is located must be increased by an 15.36 amount equal to the product of: (1) the sum of an amount equal 16.1 to the product of the formula allowance according to section 16.2 126C.10, subdivision 2, times .0485, plus the transportation 16.3 sparsity allowance for the district, plus the transportation 16.4 transition allowance for the district; times (2) the pupil units 16.5 attributable to the pupil. 16.6 (d) If the amount of the reduction to be made from the 16.7 general education aid of the resident district is greater than 16.8 the amount of general education aid otherwise due the district, 16.9 the excess reduction must be made from other state aids due the 16.10 district. 16.11 Sec. 14. Laws 1996, chapter 412, article 1, section 35, is 16.12 amended to read: 16.13 Sec. 35. [REPEALER.] 16.14 Laws 1993, chapter 224, article 1, section 34, subdivision 16.15 1, is repealed.Section 8 is repealed July 1, 1999.16.16 Sec. 15. Laws 1992, chapter 499, article 7, section 31, as 16.17 amended by Laws 1998, chapter 398, article 1, section 39, is 16.18 amended to read: 16.19 Sec. 31. [REPEALER.] 16.20 Minnesota Statutes 1990, sections 124A.02, subdivision 24; 16.21 124A.23, subdivisions 2 and 3; 124A.26, subdivisions 2 and 3; 16.22 124A.27; 124A.28; and 124A.29, subdivision 2; and Minnesota 16.23 Statutes 1991 Supplement, sections 124A.02, subdivisions 16 and 16.24 23; 124A.03, subdivisions 1b, 1c, 1d, 1e, 1f, 1g, 1h, and 1i; 16.25 124A.04; 124A.22, subdivisions 2, 3, 4, 4a, 4b, 8, and 9; 16.26 124A.23, subdivisions 1, 4, and 5; 124A.24; 124A.26, subdivision 16.27 1; and 124A.29, subdivision 1, are repealed effective June 30, 16.2820012002; Laws 1991, chapter 265, article 7, section 35, is 16.29 repealed. 16.30 Sec. 16. [APPROPRIATIONS.] 16.31 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 16.32 LEARNING.] The sums indicated in this section are appropriated 16.33 from the general fund to the department of children, families, 16.34 and learning for the fiscal years designated. 16.35 Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] For 16.36 general and supplemental education aid: 17.1 $2,994,870,000 ..... 2000 17.2 $3,109,552,000 ..... 2001 17.3 The 2000 appropriation includes $271,839,000 for 1999 and 17.4 $2,723,031,000 for 2000. 17.5 The 2001 appropriation includes $292,309,000 for 2000 and 17.6 $2,817,243,000 for 2001. 17.7 Subd. 3. [TRANSPORTATION SAFETY.] For student 17.8 transportation safety aid according to Minnesota Statutes, 17.9 section 123B.92, subdivision 4: 17.10 $146,000 ..... 2000 17.11 The 2000 appropriation includes $146,000 for 1999. 17.12 Subd. 4. [TRANSPORTATION AID FOR ENROLLMENT OPTIONS.] For 17.13 transportation of pupils attending post-secondary institutions 17.14 according to Minnesota Statutes, section 124D.09, or for 17.15 transportation of pupils attending nonresident districts 17.16 according to Minnesota Statutes, section 124D.03: 17.17 $102,000 ..... 2000 17.18 $102,000 ..... 2001 17.19 Any balance in the first year does not cancel but is 17.20 available in the second year. 17.21 Subd. 5. [DISTRICT COOPERATION REVENUE.] For district 17.22 cooperation revenue aid: 17.23 $5,567,000 ..... 2000 17.24 $ 522,000 ..... 2001 17.25 The 2000 appropriation includes $869,000 for 1999 and 17.26 $4,698,000 for 2000. 17.27 The 2001 appropriation includes $522,000 for 2000 and $0 17.28 for 2001. 17.29 Subd. 6. [LITIGATION COSTS.] For paying the costs a 17.30 district incurs under Minnesota Statutes, section 125A.75, 17.31 subdivision 8: 17.32 $500,000 ..... 2000 17.33 $500,000 ..... 2001 17.34 Subd. 7. [COURT-PLACED SPECIAL EDUCATION REVENUE.] For 17.35 reimbursing serving school districts for unreimbursed eligible 17.36 expenditures attributable to children placed in the serving 18.1 school district by court action under Minnesota Statutes, 18.2 section 125A.79, subdivision 4: 18.3 $350,000 ..... 2000 18.4 $350,000 ..... 2001 18.5 Subd. 8. [AGENCY ASSISTANCE FOR CLASS SIZE.] For the 18.6 department of children, families, and learning to assist school 18.7 districts in implementing Minnesota Statutes, section 126C.12: 18.8 $150,000 ..... 2000 18.9 $150,000 ..... 2001 18.10 Sec. 17. [REPEALER.] 18.11 (a) Minnesota Statutes 1998, sections 123B.89; 123B.90; 18.12 123B.91; 123B.92, subdivisions 2, 6, 7, 8, and 10; and 127A.41, 18.13 subdivisions 8 and 9, are repealed. Laws 1997, First Special 18.14 Session chapter 4, article 1, section 62, subdivision 5, is 18.15 repealed. 18.16 (b) Minnesota Statutes 1998, sections 123B.64, subdivision 18.17 4; and 123B.92, subdivision 4, are repealed effective for 18.18 revenue for fiscal year 2000. 18.19 (c) Minnesota Statutes 1998, section 123B.64, subdivisions 18.20 1, 2, and 3, are repealed effective for revenue for fiscal year 18.21 2001. 18.22 ARTICLE 2 18.23 SPECIAL PROGRAMS 18.24 Section 1. Minnesota Statutes 1998, section 123A.05, 18.25 subdivision 2, is amended to read: 18.26 Subd. 2. [RESERVE REVENUE.] Each district that is a member 18.27 of an area learning center must reserve revenue in an amount 18.28 equal to at least 90 percent of the district average general 18.29 education revenueless compensatoryper pupil unit minus an 18.30 amount equal to the product of the formula allowance according 18.31 to section 126C.10, subdivision 2, times .0485, calculated 18.32 without basic skills revenueunit, transportation sparsity 18.33 revenue, and the transportation portion of the transition 18.34 revenue adjustment, times the number of pupil units attending an 18.35 area learning center program under this section. The amount of 18.36 reserved revenue under this subdivision may only be spent on 19.1 program costs associated with the area learning center. 19.2 Compensatory revenue must be allocated according to section 19.3 126C.15, subdivision 2. 19.4 Sec. 2. Minnesota Statutes 1998, section 124D.453, 19.5 subdivision 3, is amended to read: 19.6 Subd. 3. [SECONDARY VOCATIONAL AID.] A district's 19.7 secondary vocational education aid forafiscal year 2000 equals 19.8 the lesser of: 19.9 (a)$80$42 times the district's average daily membership 19.10 in grades 10 to 12; or 19.11 (b) 25 percent of approved expenditures for the following: 19.12 (1) salaries paid to essential, licensed personnel 19.13 providing direct instructional services to students in that 19.14 fiscal year for services rendered in the district's approved 19.15 secondary vocational education programs; 19.16 (2) contracted services provided by a public or private 19.17 agency other than a Minnesota school district or cooperative 19.18 center under subdivision 7; 19.19 (3) necessary travel between instructional sites by 19.20 licensed secondary vocational education personnel; 19.21 (4) necessary travel by licensed secondary vocational 19.22 education personnel for vocational student organization 19.23 activities held within the state for instructional purposes; 19.24 (5) curriculum development activities that are part of a 19.25 five-year plan for improvement based on program assessment; 19.26 (6) necessary travel by licensed secondary vocational 19.27 education personnel for noncollegiate credit bearing 19.28 professional development; and 19.29 (7) specialized vocational instructional supplies. 19.30 (c) Up to ten percent of a district's secondary vocational 19.31 aid may be spent on equipment purchases. Districts using 19.32 secondary vocational aid for equipment purchases must report to 19.33 the department on the improved learning opportunities for 19.34 students that result from the investment in equipment. 19.35 Sec. 3. Minnesota Statutes 1998, section 124D.453, 19.36 subdivision 5, is amended to read: 20.1 Subd. 5. [AID GUARANTEE.] Notwithstanding subdivision 3, 20.2 the secondary vocational education aid for a district is not 20.3 less than the lesser of: 20.4 (a)9550 percent of the secondary vocational education aid 20.5 the district received for the previous fiscal year; or 20.6 (b) 40 percent of the approved expenditures for secondary 20.7 vocational programs included in subdivision 3, paragraph (b). 20.8 Sec. 4. Minnesota Statutes 1998, section 124D.454, 20.9 subdivision 5, is amended to read: 20.10 Subd. 5. [STATE TOTAL SCHOOL-TO-WORK PROGRAM-DISABLED 20.11 REVENUE.] The state total school-to-work program-disabled 20.12 revenue for fiscal year19982000 equals$8,924,000$7,127,000. 20.13 The state total school-to-work program-disabled revenue for 20.14 fiscal year19992001 equals$8,976,000$8,967,000. The state 20.15 total school-to-work program-disabled revenue for later fiscal 20.16 years equals: 20.17 (1) the state total school-to-work program-disabled revenue 20.18 for the preceding fiscal year; times 20.19 (2) the program growth factor; times 20.20 (3) the ratio of the state total average daily membership 20.21 for the current fiscal year to the state total average daily 20.22 membership for the preceding fiscal year. 20.23 Sec. 5. Minnesota Statutes 1998, section 124D.65, 20.24 subdivision 4, is amended to read: 20.25 Subd. 4. [STATE TOTAL LEP REVENUE.] (a) The state total 20.26 limited English proficiency programs revenue for fiscal 20.27 year19982000 equals$14,629,000$27,454,000. The state total 20.28 limited English proficiency programs revenue for fiscal 20.29 year19992001 equals$16,092,000$31,752,000. 20.30 (b) The state total limited English proficiency programs 20.31 revenue for later fiscal years equals: 20.32 (1) the state total limited English proficiency programs 20.33 revenue for the preceding fiscal year; times 20.34 (2) the program growth factor under section 125A.76 20.35 subdivision 1; times 20.36 (3) the ratio of the state total number of pupils with 21.1 limited English proficiency for the current fiscal year to the 21.2 state total number of pupils with limited English proficiency 21.3 for the preceding fiscal year. 21.4 Sec. 6. Minnesota Statutes 1998, section 124D.86, 21.5 subdivision 6, is amended to read: 21.6 Subd. 6. [ALTERNATIVE ATTENDANCE PROGRAMS.] (a) The 21.7 integration aid under subdivision 5 must be adjusted for each 21.8 pupil attending a nonresident district or a charter school under 21.9 sections 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07,and21.10 124D.08, and 124D.10 if the enrollment of the pupil in the 21.11 nonresident district or a charter school contributes to 21.12 desegregation or integration purposes. The adjustments must be 21.13 made according to this subdivision. 21.14 (b) Aid paid to the district of the pupil's residence must 21.15 be reduced by an amount equal to the revenue per resident pupil 21.16 unit of the resident district times the number of resident pupil 21.17 units attributable to the pupil for the time the pupil is 21.18 enrolled in a nonresident district or a charter school that has 21.19 elected to provide transportation under section 124D.10, 21.20 subdivision 16. Aid paid to the district of the pupil's 21.21 residence must be reduced by an amount equal to the revenue per 21.22 resident pupil unit of the resident district, minus the amount 21.23 per pupil unit specified for the resident district in section 21.24 123B.92, subdivision 8, times the number of resident pupil units 21.25 attributable to the pupil for the time the pupil is enrolled in 21.26 a charter school that has elected not to provide transportation 21.27 under section 124D.10, subdivision 16. 21.28 (c) Aid paid to a district serving nonresidents or a 21.29 charter school must be increased by an amount equal to the aid 21.30 reduction to the resident district under paragraphs (b) and (d). 21.31 (d) If the amount of the reduction to be made from the aid 21.32 of a district is greater than the amount of aid otherwise due 21.33 the district, the excess reduction must be made from other state 21.34 aids due the district. 21.35 Sec. 7. Minnesota Statutes 1998, section 125A.76, 21.36 subdivision 1, is amended to read: 22.1 Subdivision 1. [DEFINITIONS.] For the purposes of this 22.2 sectionand section 125A.77, the definitions in this subdivision 22.3 apply. 22.4 (a) "Base year" for fiscal year 1998 and later fiscal years 22.5 means the second fiscal year preceding the fiscal year for which 22.6 aid will be paid. 22.7 (b) "Basic revenue" has the meaning given it in section 22.8 126C.10, subdivision 2. For the purposes of computing basic 22.9 revenue pursuant to this section, each child with a disability 22.10 shall be counted as prescribed in section 126C.05, subdivision 1. 22.11 (c) "Essential personnel" means teachers, related services, 22.12 and support services staff providing direct services to students. 22.13 (d) "Average daily membership" has the meaning given it in 22.14 section 126C.05. 22.15 (e) "Program growth factor" means1.001.02 for fiscal year 22.1620002002 and later. 22.17(f) "Aid percentage factor" means 60 percent for fiscal22.18year 1996, 70 percent for fiscal year 1997, 80 percent for22.19fiscal year 1998, 90 percent for fiscal year 1999, and 10022.20percent for fiscal years 2000 and later.22.21(g) "Levy percentage factor" means 100 minus the aid22.22percentage factor for that year.22.23 Sec. 8. Minnesota Statutes 1998, section 125A.76, 22.24 subdivision 4, is amended to read: 22.25 Subd. 4. [STATE TOTAL SPECIAL EDUCATIONREVENUEAID.] The 22.26 state total special educationrevenueaid for fiscal year199822.27 2000 equals$358,542,000$463,000,000. The state total special 22.28 educationrevenueaid for fiscal year19992001 equals 22.29$435,322,000$474,000,000. The state total special 22.30 educationrevenueaid for later fiscal years equals: 22.31 (1) the state total special educationrevenueaid for the 22.32 preceding fiscal year; times 22.33 (2) the program growth factor; times 22.34 (3) the ratio of the state total average daily membership 22.35 for the current fiscal year to the state total average daily 22.36 membership for the preceding fiscal year. 23.1 Sec. 9. Minnesota Statutes 1998, section 125A.79, 23.2 subdivision 1, is amended to read: 23.3 Subdivision 1. [DEFINITIONS.] For the purposes of this 23.4 section, the definitions in this subdivision apply. 23.5 (a) "Unreimbursed special education cost" means the sum of 23.6 the following: 23.7 (1) expenditures for teachers' salaries, contracted 23.8 services, supplies, equipment, and transportation services 23.9 eligible for revenue under section 125A.76; plus 23.10 (2) expenditures for tuition bills received under sections 23.11 125A.03 to 125A.24 and 125A.65 for services eligible for revenue 23.12 under sections 125A.76, subdivision 2, and 124.3202, subdivision 23.13 1; minus 23.14 (3) revenue for teachers' salaries, contracted services, 23.15 supplies, and equipment under sections 124.3202 and 124A.76; 23.16 minus 23.17 (4) tuition receipts under sections 125A.03 to 125A.24 and 23.18 125A.65 for services eligible for revenue under sections 23.19 124.3202, subdivision 1, and 124A.76, subdivision 2. 23.20 (b) "General revenue" means for fiscal year 1996, the sum 23.21 of the general education revenue according to section 126C.10, 23.22 subdivision 1, as adjusted according to section 127A.47, 23.23 subdivision 7, plus the total referendum revenue according to 23.24 section 126C.17, subdivision 4. For fiscal years 1997 and 23.25 later, "general revenue" means the sum of the general education 23.26 revenue according to section 126C.10, subdivision 1, as adjusted 23.27 according to section 127A.47, subdivision 7, plus the total 23.28 referendum revenue minus transportation sparsity revenue minus 23.29 total operating capital revenue. 23.30 (c) "Average daily membership" has the meaning given it in 23.31 section 126C.05. 23.32 (d) "Program growth factor" means 1.044 for fiscal year 23.33 2002 and 1.02 for fiscal year 2003 and later. 23.34 Sec. 10. Minnesota Statutes 1998, section 125A.79, 23.35 subdivision 2, is amended to read: 23.36 Subd. 2. [EXCESS COSTREVENUEAID, FISCAL YEARS 2000 AND 24.1 2001.] For1997 and laterfiscal years 2000 and 2001, a 24.2 district's special education excess costrevenueaid equals the 24.3 greatest of: 24.4 (a) 70 percent of the difference between (1) the district's 24.5 unreimbursed special education cost and (2)5.74.36 percentfor24.6fiscal year 1997 and later yearsof the district's general 24.7 revenue; 24.8 (b) 70 percent of the difference between (1) the increase 24.9 in the district's unreimbursed special education cost between 24.10 the base year as defined in section 125A.76, subdivision 1, and 24.11 the current year and (2) 1.6 percent of the district's general 24.12 revenue; or 24.13 (c) zero. 24.14 Sec. 11. Minnesota Statutes 1998, section 125A.79, is 24.15 amended by adding a subdivision to read: 24.16 Subd. 5. [INITIAL EXCESS COST AID.] For fiscal years 2002 24.17 and later, a district's initial excess cost aid equals the 24.18 greatest of: 24.19 (1) 70 percent of the difference between (i) the district's 24.20 unreimbursed special education cost and (ii) 4.36 percent of the 24.21 district's general revenue; 24.22 (2) 70 percent of the difference between (i) the increase 24.23 in the district's unreimbursed special education cost between 24.24 the base year as defined in section 125A.76, subdivision 1, and 24.25 the current year and (ii) 1.6 percent of the district's general 24.26 revenue; or 24.27 (3) zero. 24.28 Sec. 12. Minnesota Statutes 1998, section 125A.79, is 24.29 amended by adding a subdivision to read: 24.30 Subd. 6. [STATE TOTAL SPECIAL EDUCATION EXCESS COST 24.31 AID.] The state total special education excess cost aid for 24.32 fiscal year 2002 and later fiscal years equals: 24.33 (1) the state total special education excess cost aid for 24.34 the preceding fiscal year; times 24.35 (2) the program growth factor; times 24.36 (3) the ratio of the state total average daily membership 25.1 for the current fiscal year to the state total average daily 25.2 membership for the preceding fiscal year. 25.3 Sec. 13. Minnesota Statutes 1998, section 125A.79, is 25.4 amended by adding a subdivision to read: 25.5 Subd. 7. [DISTRICT SPECIAL EDUCATION EXCESS COST AID.] A 25.6 district's special education excess cost aid for fiscal year 25.7 2002 and later equals the state total special education excess 25.8 cost aid times the ratio of the district's initial excess cost 25.9 aid to the state total initial excess cost aid. 25.10 Sec. 14. [APPROPRIATIONS.] 25.11 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 25.12 LEARNING.] The sums indicated in this section are appropriated 25.13 from the general fund to the department of children, families, 25.14 and learning for the fiscal years designated. 25.15 Subd. 2. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAMS.] 25.16 For grants to American Indian language and culture education 25.17 programs according to Minnesota Statutes, section 124D.81, 25.18 subdivision 1: 25.19 $730,000 ..... 2000 25.20 $730,000 ..... 2001 25.21 The 2000 appropriation includes $73,000 for 1999 and 25.22 $657,000 for 2000. 25.23 The 2001 appropriation includes $73,000 for 2000 and 25.24 $657,000 for 2001. 25.25 Any balance in the first year does not cancel but is 25.26 available in the second year. 25.27 Subd. 3. [AMERICAN INDIAN EDUCATION.] (a) For certain 25.28 American Indian education programs in school districts: 25.29 $175,000 ..... 2000 25.30 $175,000 ..... 2001 25.31 The 2000 appropriation includes $17,000 for 1999 and 25.32 $158,000 for 2000. 25.33 The 2001 appropriation includes $17,000 for 2000 and 25.34 $158,000 for 2001. 25.35 (b) These appropriations are available for expenditure with 25.36 the approval of the commissioner of the department of children, 26.1 families, and learning. 26.2 (c) The commissioner must not approve the payment of any 26.3 amount to a school district or school under this subdivision 26.4 unless that school district or school is in compliance with all 26.5 applicable laws of this state. 26.6 (d) Up to the following amounts may be distributed to the 26.7 following schools and school districts for each fiscal year: 26.8 $54,800 Pine Point School; $9,800 to independent school district 26.9 No. 166, Cook county; $14,900 to independent school district No. 26.10 432, Mahnomen; $14,200 to independent school district No. 435, 26.11 Waubun; $42,200 to independent school district No. 707, Nett 26.12 Lake; and $39,100 to independent school district No. 38, Red 26.13 Lake. These amounts must be spent only for the benefit of 26.14 American Indian pupils and to meet established state educational 26.15 standards or statewide requirements. 26.16 (e) Before a district or school can receive money under 26.17 this subdivision, the district or school must submit, to the 26.18 commissioner, evidence that it has complied with the uniform 26.19 financial accounting and reporting standards act, Minnesota 26.20 Statutes, sections 123B.75 to 123B.83. 26.21 Subd. 4. [AMERICAN INDIAN POST-SECONDARY PREPARATION 26.22 GRANTS.] For American Indian post-secondary preparation grants 26.23 according to Minnesota Statutes, section 124D.85: 26.24 $982,000 ..... 2000 26.25 $982,000 ..... 2001 26.26 Any balance in the first year does not cancel but is 26.27 available in the second year. 26.28 Subd. 5. [AMERICAN INDIAN SCHOLARSHIPS.] For American 26.29 Indian scholarships according to Minnesota Statutes, section 26.30 124D.84: 26.31 $1,875,000 ..... 2000 26.32 $1,875,000 ..... 2001 26.33 Any balance in the first year does not cancel but is 26.34 available in the second year. 26.35 Subd. 6. [INDIAN TEACHER PREPARATION GRANTS.] (a) For 26.36 joint grants to assist Indian people to become teachers: 27.1 $190,000 ..... 2000 27.2 $190,000 ..... 2001 27.3 (b) Up to $70,000 each year is for a joint grant to the 27.4 University of Minnesota at Duluth and the Duluth school district. 27.5 (c) Up to $40,000 each year is for a joint grant to each of 27.6 the following: 27.7 (1) Bemidji state university and the Red Lake school 27.8 district; 27.9 (2) Moorhead state university and a school district located 27.10 within the White Earth reservation; and 27.11 (3) Augsburg college, independent school district No. 625, 27.12 St. Paul, and the Minneapolis school district. 27.13 (d) Money not used for students at one location may be 27.14 transferred for use at another location. 27.15 (e) Any balance in the first year does not cancel but is 27.16 available in the second year. 27.17 Subd. 7. [TRIBAL CONTRACT SCHOOLS.] For tribal contract 27.18 school aid according to Minnesota Statutes, section 124D.83: 27.19 $2,706,000 ..... 2000 27.20 $2,791,000 ..... 2001 27.21 The 2000 appropriation includes $283,000 for 1999 and 27.22 $2,423,000 for 2000. 27.23 The 2001 appropriation includes $269,000 for 2000 and 27.24 $2,522,000 for 2001. 27.25 Subd. 8. [EARLY CHILDHOOD PROGRAMS AT TRIBAL SCHOOLS.] For 27.26 early childhood family education programs at tribal contract 27.27 schools: 27.28 $68,000 ..... 2000 27.29 $68,000 ..... 2001 27.30 Subd. 9. [MAGNET SCHOOL GRANTS.] For magnet school and 27.31 program grants: 27.32 $1,750,000 ..... 2000 27.33 $1,750,000 ..... 2001 27.34 These amounts may be used for magnet school programs 27.35 according to Minnesota Statutes, section 124D.88. 27.36 Subd. 10. [INTEGRATION PROGRAMS.] For grants according to: 28.1 minority fellowship grants according to Laws 1994, chapter 647, 28.2 article 8, section 29; minority teacher incentives according to 28.3 Minnesota Statutes, section 122A.65; teachers of color grants 28.4 according to Minnesota Statutes, section 122A.64; and cultural 28.5 exchange grants according to Minnesota Statutes, section 124D.89: 28.6 $1,000,000 ..... 2000 28.7 $1,000,000 ..... 2001 28.8 Any balance in the first year does not cancel but is 28.9 available in the second year. 28.10 In awarding teacher of color grants, priority must be given 28.11 to districts that have students who are currently in the process 28.12 of completing their academic program. 28.13 Subd. 11. [SPECIAL EDUCATION AID.] For special education 28.14 aid according to Minnesota Statutes, section 125A.75: 28.15 $456,030,000 ..... 2000 28.16 $472,900,000 ..... 2001 28.17 The 2000 appropriation includes $39,315,000 for 1999 and 28.18 $416,715,000 for 2000. 28.19 The 2001 appropriation includes $46,300,000 for 2000 and 28.20 $426,600,000 for 2001. 28.21 Subd. 12. [AID FOR CHILDREN WITH A DISABILITY.] For aid 28.22 according to Minnesota Statutes, section 125A.75, subdivision 3, 28.23 for children with a disability placed in residential facilities 28.24 within the district boundaries for whom no district of residence 28.25 can be determined: 28.26 $644,000 ..... 2000 28.27 $644,000 ..... 2001 28.28 If the appropriation for either year is insufficient, the 28.29 appropriation for the other year is available. Any balance in 28.30 the first year does not cancel but is available in the second 28.31 year. 28.32 Subd. 13. [TRAVEL FOR HOME-BASED SERVICES.] For aid for 28.33 teacher travel for home-based services according to Minnesota 28.34 Statutes, section 125A.75, subdivision 1: 28.35 $133,000 ..... 2000 28.36 $139,000 ..... 2001 29.1 The 2000 appropriation includes $11,000 for 1999 and 29.2 $122,000 for 2000. 29.3 The 2001 appropriation includes $13,000 for 2000 and 29.4 $126,000 for 2001. 29.5 Subd. 14. [SPECIAL EDUCATION EXCESS COST AID.] For excess 29.6 cost aid: 29.7 $56,788,000 ..... 2000 29.8 $75,636,000 ..... 2001 29.9 The 2000 appropriation includes $4,693,000 for 1999 and 29.10 $52,095,000 for 2000. 29.11 The 2001 appropriation includes $5,788,000 for 2000 and 29.12 $69,848,000 for 2001. 29.13 Subd. 15. [SCHOOL-TO-WORK PROGRAMS; STUDENTS WITH 29.14 DISABILITIES.] For aid for school-to-work programs for pupils 29.15 with disabilities according to Minnesota Statutes, section 29.16 124D.454: 29.17 $7,223,000 ..... 2000 29.18 $8,783,000 ..... 2001 29.19 The 2000 appropriation includes $808,000 for 1999 and 29.20 $6,415,000 for 2000. 29.21 The 2001 appropriation includes $712,000 for 2000 and 29.22 $8,071,000 for 2001. 29.23 Subd. 16. [SPECIAL PROGRAMS EQUALIZATION AID.] For special 29.24 education levy equalization aid according to Minnesota Statutes, 29.25 section 125A.77: 29.26 $126,000 ..... 2000 29.27 The 2000 appropriation includes $126,000 for 1999 and $0 29.28 for 2000. 29.29 Subd. 17. [INTEGRATION AID.] For integration aid: 29.30 $36,418,000 ..... 2000 29.31 $43,127,000 ..... 2001 29.32 The 2000 appropriation includes $2,902,000 for 1999 and 29.33 $33,516,000 for 2000. 29.34 The 2001 appropriation includes $3,717,000 for 2000 and 29.35 $39,410,000 for 2001. 29.36 Subd. 18. [ADDITIONAL REVENUE FOR HOMELESS STUDENTS.] For 30.1 additional revenue for homeless students according to Minnesota 30.2 Statutes, section 124D.70: 30.3 $4,000 ..... 2000 30.4 The 2000 appropriation includes $4,000 for 1999 and $0 for 30.5 2000. 30.6 Subd. 19. [INTERDISTRICT DESEGREGATION OR INTEGRATION 30.7 TRANSPORTATION GRANTS.] For interdistrict desegregation or 30.8 integration transportation grants under Minnesota Statutes, 30.9 section 124D.87: 30.10 $970,000 ..... 2000 30.11 $970,000 ..... 2001 30.12 Any balance in the first year does not cancel but is 30.13 available in the second year. 30.14 Sec. 15. [REPEALER.] 30.15 Minnesota Statutes 1998, sections 122A.31; 124D.65, 30.16 subdivision 3; 124D.70; 125A.09; 125A.76, subdivision 6; 30.17 125A.77; and 125A.79, subdivision 3, are repealed. Laws 1995, 30.18 First Special Session chapter 3, article 3, section 11; Laws 30.19 1997, First Special Session chapter 4, article 2, section 51, 30.20 subdivision 10; and Laws 1998, chapter 398, article 2, section 30.21 57, are repealed. 30.22 ARTICLE 3 30.23 LIFEWORK DEVELOPMENT 30.24 Section 1. [APPROPRIATIONS.] 30.25 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 30.26 LEARNING.] The sums indicated in this section are appropriated 30.27 from the general fund to the department of children, families, 30.28 and learning for the fiscal years designated. 30.29 Subd. 2. [SECONDARY VOCATIONAL EDUCATION AID.] For 30.30 secondary vocational education aid according to Minnesota 30.31 Statutes, section 124D.453: 30.32 $7,973,000 ..... 2000 30.33 $ 881,000 ..... 2001 30.34 The 2000 appropriation includes $1,160,000 for 1999 and 30.35 $6,813,000 for 2000. 30.36 The 2001 appropriation includes $881,000 for 2000 and $0 31.1 for 2001. 31.2 Subd. 3. [YOUTHWORKS PROGRAM.] For funding youthworks 31.3 programs according to Minnesota Statutes, sections 124D.37 to 31.4 124D.45: 31.5 $1,788,000 ..... 2000 31.6 $1,788,000 ..... 2001 31.7 A grantee organization may provide health and child care 31.8 coverage to the dependents of each participant enrolled in a 31.9 full-time youth works program to the extent such coverage is not 31.10 otherwise available. 31.11 Any balance in the first year does not cancel but is 31.12 available in the second year. 31.13 Subd. 4. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM 31.14 GRANTS.] For education and employment transitions programming 31.15 under Minnesota Statutes, section 124D.46: 31.16 $5,900,000 ..... 2000 31.17 $8,600,000 ..... 2001 31.18 Of this appropriation, $100,000 each year is for ISEEK. 31.19 Subd. 5. [LEARN AND EARN GRADUATION ACHIEVEMENT PROGRAM.] 31.20 For the learn and earn graduation achievement program according 31.21 to Minnesota Statutes, section 124D.32: 31.22 $950,000 ..... 2000 31.23 $950,000 ..... 2001 31.24 Any balance in the first year does not cancel but is 31.25 available in the second year. 31.26 Sec. 2. [REPEALER.] 31.27 Minnesota Statutes 1998, sections 124D.453, subdivision 1; 31.28 and 136A.233, are repealed. 31.29 ARTICLE 4 31.30 FACILITIES AND TECHNOLOGY 31.31 Section 1. Minnesota Statutes 1998, section 124C.55, is 31.32 amended by adding a subdivision to read: 31.33 Subd. 10. [CONTINUING DISCLOSURE AGREEMENTS.] The 31.34 commissioner of finance may enter into written agreements or 31.35 contracts relating to the continuing disclosure of information 31.36 necessary to facilitate the issuance of debt obligations by 32.1 school districts in accordance with federal securities laws, 32.2 rules, and regulations, including securities and exchange 32.3 commission rules and regulations, section 240.15c2-12. Such 32.4 agreements or contracts may be in any form deemed reasonable and 32.5 in the best interests of the state by the commissioner of 32.6 finance. 32.7 Sec. 2. Minnesota Statutes 1998, section 124D.88, 32.8 subdivision 3, is amended to read: 32.9 Subd. 3. [GRANT APPLICATION PROCESS.] (a) Any group of 32.10 school districts that meets the criteria required under 32.11 paragraph (b)(i) may apply for a magnet school grant in an 32.12 amount not to exceed $15,000,000 for the approved costs or 32.13 expansion of a magnet school facility. 32.14 (b)(i) Any group of districts that submits an application 32.15 for a grant shall submit a proposal to the commissioner for 32.16 review and comment under section 123B.71, and the commissioner 32.17 shall prepare a review and comment on the proposed magnet school 32.18 facility, regardless of the amount of the capital expenditure 32.19 required to design, acquire, construct, remodel, improve, 32.20 furnish, or equip the facility. The commissioner must not 32.21 approve an application for a magnet school grant for any 32.22 facility unless the facility receives a favorable review and 32.23 comment under section 123B.71 and the participating districts: 32.24 (1) establish a joint powers board under section 471.59 to 32.25 represent all participating districts and govern the magnet 32.26 school facility; 32.27 (2) design the planned magnet school facility to meet the 32.28 applicable requirements contained in Minnesota Rules, chapter 32.29 3535; 32.30 (3) submit a statement of need, including reasons why the 32.31 magnet school will facilitate integration and improve learning; 32.32 (4) prepare an educational plan that includes input from 32.33 both community and professional staff; and 32.34 (5) develop an education program that will improve learning 32.35 opportunities for students attending the magnet school. 32.36 (ii) The districts may develop a plan that permits social 33.1 service, health, and other programs serving students and 33.2 community residents to be located within the magnet school 33.3 facility. The commissioner shall consider this plan when 33.4 preparing a review and comment on the proposed facility. 33.5 (c) When two or more districts enter into an agreement 33.6 establishing a joint powers board to govern the magnet school 33.7 facility, all member districts shall have the same powers. 33.8 (d) A joint powers board of participating school districts 33.9 established under paragraphs (b) and (c) that intends to apply 33.10 for a grant must adopt a resolution stating the costs of the 33.11 proposed project, the purpose for which the debt is to be 33.12 incurred, and an estimate of the dates when the contracts for 33.13 the proposed project will be completed. A copy of the 33.14 resolution must accompany any application for a state grant 33.15 under this section. 33.16 (e)(i) The commissioner shall examine and consider all 33.17 grant applications. If the commissioner finds that any joint 33.18 powers district is not a qualified grant applicant, the 33.19 commissioner shall promptly notify that joint powers board. The 33.20 commissioner shall make awards to no more than two qualified 33.21 applicants whose applications have been on file with the 33.22 commissioner more than 30 days. 33.23 (ii) A grant award is subject to verification by the joint 33.24 powers board under paragraph (f). A grant award must not be 33.25 made until the participating districts determine the site of the 33.26 magnet school facility. If the total amount of the approved 33.27 applications exceeds the amount of grant funding that is or can 33.28 be made available, the commissioner shall allot the available 33.29 amount equally between the approved applicant districts. The 33.30 commissioner shall promptly certify to each qualified joint 33.31 powers board the amount, if any, of the grant awarded to it. 33.32 (f) Each grant must be evidenced by a contract between the 33.33 joint powers board and the state acting through the 33.34 commissioner. The contract obligates the state to pay to the 33.35 joint powers board an amount computed according to paragraph 33.36 (e)(ii) and a schedule, and terms and conditions acceptable to 34.1 the commissioner of finance. 34.2 (g) Notwithstanding the provisions of section 123B.02, 34.3 subdivision 3, the joint powers and its individual members may 34.4 enter into long-term lease agreements as part of the magnet 34.5 school program. 34.6 Sec. 3. [APPROPRIATIONS.] 34.7 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 34.8 LEARNING.] The sums indicated in this section are appropriated 34.9 from the general fund to the department of children, families, 34.10 and learning for the fiscal years designated. 34.11 Subd. 2. [HEALTH AND SAFETY AID.] For health and safety 34.12 aid according to Minnesota Statutes, section 123B.57, 34.13 subdivision 5: 34.14 $17,615,000 ..... 2000 34.15 $18,000,000 ..... 2001 34.16 The 2000 appropriation includes $1,415,000 for 1999 and 34.17 $16,200,000 for 2000. 34.18 The 2001 appropriation includes $1,800,000 for 2000 and 34.19 $16,200,000 for 2001. 34.20 Subd. 3. [DEBT SERVICE AID.] For debt service aid 34.21 according to Minnesota Statutes, section 123B.53, subdivision 6: 34.22 $33,289,000 ..... 2000 34.23 $32,071,000 ..... 2001 34.24 The 2000 appropriation includes $3,842,000 for 1999 and 34.25 $29,447,000 for 2000. 34.26 The 2001 appropriation includes $3,271,000 for 2000 and 34.27 $28,800,000 for 2001. 34.28 Subd. 4. [INTERACTIVE TELEVISION (ITV) AID.] For 34.29 interactive television (ITV) aid under Minnesota Statutes, 34.30 section 126C.40, subdivision 4: 34.31 $4,197,000 ..... 2000 34.32 $2,851,000 ..... 2001 34.33 The 2000 appropriation includes $405,000 for 1999 and 34.34 $3,792,000 for 2000. 34.35 The 2001 appropriation includes $421,000 for 2000 and 34.36 $2,430,000 for 2001. 35.1 Subd. 5. [ALTERNATIVE FACILITIES BONDING AID.] For 35.2 alternative facilities bonding aid, according to Minnesota 35.3 Statutes, section 123B.59, subdivision 1: 35.4 $18,855,000 ..... 2000 35.5 $19,271,000 ..... 2001 35.6 The 2000 appropriation includes $1,635,000 for 2000 and 35.7 $17,220,000 for 2001. 35.8 The 2001 appropriation includes $1,913,000 for 2000 and 35.9 $17,358,000 for 2001. 35.10 ARTICLE 5 35.11 EDUCATION EXCELLENCE 35.12 Section 1. Minnesota Statutes 1998, section 124D.11, 35.13 subdivision 1, is amended to read: 35.14 Subdivision 1. [GENERAL EDUCATION REVENUE.] General 35.15 education revenue must be paid to a charter school as though it 35.16 were a district. The general education revenue for each pupil 35.17 unit is the state average general education revenue per pupil 35.18 unit minus an amount equal to the product of the formula 35.19 allowance according to section 126C.10, subdivision 2, times 35.20 .0485, calculated without basic skills revenue, transportation 35.21 sparsity revenue, and the transportation portion of the 35.22 transition revenue adjustment, plus basic skills revenue as 35.23 though the school were a school district, plus an amount equal 35.24 to the lesser of the referendum equalization allowance under 35.25 section 126C.17, subdivision 5, paragraph (b), or the referendum 35.26 equalization revenue per pupil unit for the district in which 35.27 the charter school is located. 35.28 Sec. 2. Minnesota Statutes 1998, section 124D.11, 35.29 subdivision 6, is amended to read: 35.30 Subd. 6. [OTHER AID, GRANTS, REVENUE.] (a) A charter 35.31 school is eligible to receive other aids, grants, and revenue 35.32 according to chapters 120A to 129C, as though it were a district. 35.33except that, notwithstanding section 127A.45, subdivision 3, the35.34payments must be of an equal amount on each of the 23 payment35.35dates unless a charter school is in its first year of operation35.36in which case it shall receive on its first payment date ten36.1percent of its cumulative amount guaranteed for the year and 2236.2payments of an equal amount thereafter the sum of which shall be36.390 percent of the cumulative amount guaranteed. However, it36.4 (b) Notwithstanding paragraph (a), a charter school may not 36.5 receive aid, a grant, or revenue if a levy is required to obtain 36.6 the money, except as otherwise provided in this section. 36.7 (c) Federal aid received by the state must be paid to the 36.8 school, if it qualifies for the aid as though it were a school 36.9 district. 36.10(b)(d) A charter school may receive money from any source 36.11 for capital facilities needs. In the year-end report to the 36.12 state board of education, the charter school shall report the 36.13 total amount of funds received from grants and other outside 36.14 sources. 36.15 Sec. 3. Minnesota Statutes 1998, section 124D.11, is 36.16 amended by adding a subdivision to read: 36.17 Subd. 9. [PAYMENT OF AIDS TO CHARTER SCHOOLS.] (a) 36.18 Notwithstanding section 127A.45, subdivision 3, aid payments for 36.19 the current fiscal year to a charter school not in its first 36.20 year of operation shall be of an equal amount on each of the 23 36.21 payment dates. A charter school in its first year of operation 36.22 shall receive, on its first payment date, ten percent of its 36.23 cumulative amount guaranteed for the year and 22 payments of an 36.24 equal amount thereafter the sum of which shall be 90 percent of 36.25 the cumulative amount guaranteed. 36.26 (b) Notwithstanding section 127A.45, subdivision 3, and 36.27 paragraph (a), 90 percent of the start-up cost aid under 36.28 subdivision 8 shall be paid within 30 days of receipt of a fall 36.29 enrollment report from the charter school. 36.30 Sec. 4. [124D.129] [EXTENDED INSTRUCTION PROGRAM GRANTS.] 36.31 Subdivision 1. [ESTABLISHMENT.] A grant program is 36.32 established to provide additional instructional time to ensure 36.33 the pupils are successful on the basic skills test. 36.34 Subd. 2. [ELIGIBILITY.] A district is eligible for a grant 36.35 under this section if it does not have access to an area 36.36 learning center, a public alternative program, a contracted 37.1 alternative program, or a learning year site. Grants will be 37.2 provided if the school board adopts a biennial plan for extended 37.3 day, week, or year programs that is approved by the commissioner 37.4 of children, families, and learning. 37.5 Subd. 3. [APPLICATION PROCESS.] To obtain a grant for 37.6 providing an extended day, year, or week program, a district 37.7 must submit an application to the commissioner in the form and 37.8 manner and according to the time line established by the 37.9 commissioner. The grant application must describe how the 37.10 applicant will: 37.11 (1) identify pupils to participate in the extended 37.12 instruction; 37.13 (2) structure the additional learning time provided for the 37.14 pupils; 37.15 (3) evaluate student success as a result of the program 37.16 based on test scores; 37.17 (4) provide alternative methods of instruction; and 37.18 (5) describe barriers that prohibit the district from 37.19 accessing an area learning center, a public alternative program, 37.20 a contracted alternative program, or establishing a learning 37.21 year site. 37.22 The grant application must also include any additional 37.23 information as required by the commissioner. 37.24 Subd. 4. [REVENUE.] (a) The revenue for a district with an 37.25 approved application equals the product of the extended 37.26 instruction pupil units times the general education formula 37.27 allowance under section 126C.10, subdivision 2. 37.28 (b) For an elementary pupil, the extended instruction pupil 37.29 units shall equal the ratio of the number of hours the pupil is 37.30 enrolled in the extended instruction program during the fiscal 37.31 year to 952 hours times 1.06. 37.32 (c) For a secondary pupil, the extended instruction pupil 37.33 units shall equal the ratio of the number of hours the pupil is 37.34 enrolled in the extended instruction program during the fiscal 37.35 year to 1038 hours times 1.3. 37.36 Sec. 5. Minnesota Statutes 1998, section 125B.05, 38.1 subdivision 3, is amended to read: 38.2 Subd. 3. [SOFTWARE DEVELOPMENT.]The commissioner may38.3charge school districts or cooperative units for the actual cost38.4of software development used by the district or cooperative38.5unit. Any amount received is annually appropriated to the38.6department of children, families, and learning for this38.7purpose.A school district, charter school, or cooperative unit 38.8 may not implement apayrollfinancial, student, or staff 38.9 software systemafter June 30, 1994,until the system has been 38.10 reviewed by the department to ensure that it provides the 38.11 required data elements and format. 38.12 Sec. 6. [APPROPRIATIONS.] 38.13 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 38.14 LEARNING.] The sums indicated in this section are appropriated 38.15 from the general fund to the department of children, families, 38.16 and learning for the fiscal years designated. 38.17 Subd. 2. [STATEWIDE TESTING.] For supporting 38.18 implementation of the graduation standards: 38.19 $10,000,000 ..... 2000 38.20 $10,000,000 ..... 2001 38.21 Any balance in the first year does not cancel but is 38.22 available in the second year. 38.23 Subd. 3. [ADVANCED PLACEMENT AND INTERNATIONAL 38.24 BACCALAUREATE PROGRAMS.] For the state advanced placement and 38.25 international baccalaureate programs: 38.26 $1,875,000 ..... 2000 38.27 $1,875,000 ..... 2001 38.28 Notwithstanding Minnesota Statutes, section 120B.13, 38.29 subdivisions 1 and 2, $375,000 each year is for teachers to 38.30 attend subject matter summer training programs and follow-up 38.31 support workshops approved by the advanced placement or 38.32 international baccalaureate programs. The amount of the subsidy 38.33 for each teacher attending an advanced placement or 38.34 international baccalaureate summer training program or workshop 38.35 shall be the same. The commissioner shall determine the payment 38.36 process and the amount of the subsidy. 39.1 Notwithstanding Minnesota Statutes, section 120B.13, 39.2 subdivision 3, in each year to the extent of available 39.3 appropriations, the commissioner shall pay all examination fees 39.4 for all students sitting for an advanced placement examination, 39.5 international baccalaureate examination, or both. If this 39.6 amount is not adequate, the commissioner may pay less than the 39.7 full examination fee. 39.8 Any balance in the first year does not cancel but is 39.9 available in the second year. 39.10 Subd. 4. [COLLABORATIVE URBAN EDUCATOR PROGRAMS.] For 39.11 grants to collaborative urban educator programs that prepare and 39.12 license people of color to teach: 39.13 $500,000 ..... 2000 39.14 $500,000 ..... 2001 39.15 Any balance in the first year does not cancel but is 39.16 available in the second year. These appropriations are one-time 39.17 only. 39.18 Subd. 5. [CHARTER SCHOOL BUILDING LEASE AID.] For building 39.19 lease aid according to Minnesota Statutes, section 124D.11, 39.20 subdivision 4: 39.21 $2,470,000 ..... 2000 39.22 $2,954,000 ..... 2001 39.23 The 2000 appropriation includes $184,000 for 1999 and 39.24 $2,286,000 for 2000. 39.25 The 2001 appropriation includes $254,000 for 2000 and 39.26 $2,700,000 for 2001. 39.27 Subd. 6. [CHARTER SCHOOL START-UP GRANTS.] For charter 39.28 school start-up cost aid under Minnesota Statutes, section 39.29 124D.11: 39.30 $1,789,000 ..... 2000 39.31 $1,877,000 ..... 2001 39.32 The 2000 appropriation includes $100,000 for 1999 and 39.33 $1,689,000 for 2000. 39.34 The 2001 appropriation includes $188,000 for 1999 and 39.35 $1,689,000 for 2001. 39.36 Any balance in the first year does not cancel but is 40.1 available in the second year. This appropriation may also be 40.2 used for grants to convert existing schools into charter schools. 40.3 Subd. 7. [LEARNING ACADEMY.] For training and staff 40.4 development for learning academies: 40.5 $500,000 ..... 2000 40.6 $500,000 ..... 2001 40.7 Any balance in the first year does not cancel but is 40.8 available in the second year. 40.9 Subd. 8. [ST. PAUL COMMUNITY-BASED SCHOOL PROGRAM.] For a 40.10 grant to independent school district No. 625, St. Paul, for the 40.11 operation of a community-based school program. The school 40.12 district must report to the legislature on the academic and 40.13 social results of this program by January 15, 2000. 40.14 $3,000,000 ..... 2000 40.15 Any balance in the first year does not cancel but is 40.16 available in the second year. This appropriation is one-time 40.17 only. 40.18 Subd. 9. [CONNECTING HIGHER EDUCATION TO K-12 40.19 EDUCATION.] For a grant to the University of Minnesota for 40.20 development and implementation of regional partnership centers 40.21 to connect K-12 schools with higher education research and 40.22 resources. 40.23 $900,000 ..... 2000 40.24 This appropriation is one-time only. 40.25 Subd. 10. [RESIDENTIAL ACADEMIES OPERATING COSTS.] For 40.26 operating costs associated with the three residential academies 40.27 created under Laws 1998, chapter 398, article 5, sections 46 and 40.28 54, subdivision 3: 40.29 $ 900,000 ..... 2000 40.30 $2,000,000 ..... 2001 40.31 Any balance in the first year does not cancel but is 40.32 available in the second year. 40.33 Subd. 11. [EXTENDED INSTRUCTION GRANTS.] For extended 40.34 instruction grants under Minnesota Statutes, section 124D.129: 40.35 $1,800,000 ..... 2000 40.36 $2,000,000 ..... 2001 41.1 Any balance in the first year does not cancel but is 41.2 available in the second year. 41.3 Sec. 7. [REPEALER.] 41.4 Minnesota Statutes 1998, section 124D.90, is repealed. 41.5 ARTICLE 6 41.6 OTHER PROGRAMS 41.7 Section 1. Minnesota Statutes 1998, section 120A.24, 41.8 subdivision 1, is amended to read: 41.9 Subdivision 1. [REPORTS TO SUPERINTENDENT.] The person in 41.10 charge of providing instruction to a child must submit the 41.11 following information to the superintendent of the district in 41.12 which the child resides: 41.13 (1) by October 1 of each school year, the name,agebirth 41.14 date, and address of each child receiving instruction; 41.15 (2) the name of each instructor and evidence of compliance 41.16 with one of the requirements specified in section 120A.22, 41.17 subdivision 10; 41.18 (3) an annual instructional calendar; and 41.19 (4) for each child instructed by a parent who meets only 41.20 the requirement of section 120A.22, subdivision 10, clause (6), 41.21 a quarterly report card on the achievement of the child in each 41.22 subject area required in section 120A.22, subdivision 9. 41.23 Sec. 2. Minnesota Statutes 1998, section 122A.26, is 41.24 amended by adding a subdivision to read: 41.25 Subd. 3. [ENGLISH AS A SECOND LANGUAGE.] Notwithstanding 41.26 subdivision 2, a person who possesses a bachelor's or master's 41.27 degree in English as a second language, applied linguistics, 41.28 bilingual education or who possesses a related degree as 41.29 approved by the commissioner of children, families, and 41.30 learning, shall be permitted to teach English as a second 41.31 language in an adult basic education program which receives 41.32 funding under section 124D.53. A person employed under this 41.33 provision shall be required to meet the continuing education 41.34 requirements specified under the board of teaching continuing 41.35 education rule in Minnesota Rules, part 8700.0900. The required 41.36 continuing education clock hours must be relevant to the field 42.1 of adult basic education. 42.2 Sec. 3. Minnesota Statutes 1998, section 123A.48, 42.3 subdivision 10, is amended to read: 42.4 Subd. 10. [DISTRICT BOARD ADOPTION OF PROPOSED PLAT.] The 42.5 board of any independent district maintaining a secondary 42.6 school, the board of any common district maintaining a secondary 42.7 school, all or part of whose land is included in the proposed 42.8 new district, must, within 45 days of the approval of the plat 42.9 by the commissioner, either adopt or reject the plan as proposed 42.10 in the approved plat. If the board of any such district 42.11 entitled to act on the petition rejects the proposal, the 42.12 proceedings are terminated and dismissed. If any board fails to 42.13 act on the plat within the time allowed, the proceedings are 42.14 terminated. If any school board is unable to obtain a majority 42.15 of its members votes to accept or reject the plat and plan, a 42.16 petition of residents of the district unable to obtain a 42.17 majority of votes equal to 20 percent of the votes cast in the 42.18 last school election in that district may be submitted to the 42.19 county auditor requesting a public vote to accept or reject the 42.20 plat and plan. The vote shall be scheduled on the next 42.21 available election date. The county auditor shall notify the 42.22 commissioner of the scheduled vote and certify the results of 42.23 the election to the commission. Other affected school boards 42.24 that approve the plat and plan may chose to hold an election. 42.25 If elections are conducted in each affected school district, 42.26 results shall be separate and a majority vote to approve the 42.27 plat and plan must be reached in each of the affected 42.28 districts. If the plat and plan are rejected by the voters, a 42.29 new plat and plan cannot be submitted, except by school board 42.30 resolution in a district where the plat and plan were rejected, 42.31 until January 1 of the year following the next school board 42.32 election. 42.33 Sec. 4. Minnesota Statutes 1998, section 126C.46, is 42.34 amended to read: 42.35 126C.46 [ABATEMENT LEVY.] 42.36 (a) Each year, a school district may levy an amount to 43.1 replace the net revenue lost to abatements that have occurred 43.2 under chapter 278, section 270.07, 375.192, or otherwise. The 43.3 maximum abatement levy is the sum of: 43.4 (1) the amount of the net revenue loss determined under 43.5 section 127A.49, subdivision 2, that is not paid in state aid 43.6 including any aid amounts not paid due to proration; 43.7 (2) the difference of (i) the amount of any abatements that 43.8 have been reported by the county auditor for the first six 43.9 months of the calendar year during which the abatement levy is 43.10 certified that the district chooses to levy, (ii) less any 43.11 amount actually levied under this clause that was certified in 43.12 the previous calendar year for the first six months of the 43.13 previous calendar year; and 43.14 (3) an amount equal to any interest paid on abatement 43.15 refunds. 43.16 (b) A district may spread this levy over a period not to 43.17 exceedthreetwo years. With the approval of the commissioner, 43.18 a district may spread this levy over a period not to exceed 43.19 three years. 43.20 By July 15, the county auditor shall separately report the 43.21 abatements that have occurred during the first six calendar 43.22 months of that year to the commissioner and each district 43.23 located within the county. 43.24 Sec. 5. Minnesota Statutes 1998, section 124D.94, 43.25 subdivision 3, is amended to read: 43.26 Subd. 3. [BOARD OF DIRECTORS.] The board of directors of 43.27 the foundation shall consist of the commissioner of children, 43.28 families, and learning, a member of the state board of education43.29selected by the state board who shall serve as chairand 20 43.30 members to be appointed by the governor. Of the 20 members 43.31 appointed by the governor, eight shall represent a variety of 43.32 education groups and 12 shall represent a variety of business 43.33 groups. The commissioner of children, families, and learning 43.34 shall serve as secretary for the board of directors and provide 43.35 administrative support to the foundation. An executive 43.36 committee of the foundation board composed of the board officers 44.1 and chairs of board committees, may only advise and make 44.2 recommendations to the foundation board. 44.3 Sec. 6. Minnesota Statutes 1998, section 124D.94, 44.4 subdivision 6, is amended to read: 44.5 Subd. 6. [CONTRACTS.] The foundation board shall review 44.6 and approve each contract of the board. Each contract of the 44.7 foundation board shall be subject to the same review and 44.8 approval procedures as a contract of thestate board of44.9educationdepartment of children, families, and learning. 44.10 Sec. 7. Minnesota Statutes 1998, section 124D.94, 44.11 subdivision 7, is amended to read: 44.12 Subd. 7. [FOUNDATION STAFF.] (a) Thestate board44.13 foundation board with review by the commissioner shall appoint 44.14 the executive director and other staff who shall perform duties 44.15 and have responsibilities solely related to the foundation. 44.16 (b) As part of the annual plan of work, the foundation, 44.17under the direction ofwith review by thestate44.18boardcommissioner, may appoint up to three employees. The 44.19 employees appointed under this paragraph are not state employees 44.20 under chapter 43A, but are covered under section 3.736. At the 44.21 foundation board's discretion, the employees may participate in 44.22 the state health and state insurance plans for employees in 44.23 unclassified service. The employees shall be supervised by the 44.24 executive director. 44.25 Sec. 8. [APPROPRIATIONS.] 44.26 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 44.27 LEARNING.] The sums indicated in this section are appropriated 44.28 from the general fund to the department of children, families, 44.29 and learning for the fiscal years designated. 44.30 Subd. 2. [ABATEMENT AID.] For abatement aid according to 44.31 Minnesota Statutes, section 127A.49: 44.32 $10,752,000 ..... 2000 44.33 $ 9,689,000 ..... 2001 44.34 The 2000 appropriation includes $1,352,000 for 1999 and 44.35 $9,400,000 for 2000. 44.36 The 2001 appropriation includes $1,044,000 for 2000 and 45.1 $8,645,000 for 2001. 45.2 Subd. 3. [NONPUBLIC PUPIL AID.] For nonpublic pupil 45.3 education aid according to Minnesota Statutes, sections 123.79 45.4 and 123B.40 to 123B.43: 45.5 $10,954,000 ..... 2000 45.6 $11,578,000 ..... 2001 45.7 The 2000 appropriation includes $970,000 for 1999 and 45.8 $9,984,000 for 2000. 45.9 The 2001 appropriation includes $1,109,000 for 2000 and 45.10 $10,469,000 for 2001. 45.11 Subd. 4. [CONSOLIDATION TRANSITION AID.] For districts 45.12 consolidating under Minnesota Statutes, section 123A.485: 45.13 $716,000 ..... 2000 45.14 $670,000 ..... 2001 45.15 The 2000 appropriation includes $113,000 for 1999 and 45.16 $603,000 for 2000. 45.17 The 2001 appropriation includes $67,000 for 2000 and 45.18 $603,000 for 2001. 45.19 Any balance in the first year does not cancel but is 45.20 available in the second year. 45.21 Subd. 5. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic 45.22 pupil transportation aid under Minnesota Statutes, section 45.23 123B.92, subdivision 9: 45.24 $16,877,000 ..... 2000 45.25 $17,919,000 ..... 2001 45.26 The 2000 appropriation includes $1,848,000 for 2000 and 45.27 $15,029,000 for 2001. 45.28 The 2001 appropriation includes $1,669,000 for 2000 and 45.29 $16,250,000 for 2001. 45.30 Sec. 9. [REPEALER.] 45.31 Minnesota Statutes 1998, sections 124D.24; 124D.25; 45.32 124D.26; 124D.27; 124D.28; 124D.29; and 124D.30, are repealed. 45.33 ARTICLE 7 45.34 NUTRITION PROGRAMS 45.35 Section 1. [124D.1155] [FAST BREAK TO LEARNING GRANTS.] 45.36 Subdivision 1. [ESTABLISHMENT.] A grant program is 46.1 established to ensure that all children have an opportunity to 46.2 eat a nutritious breakfast each school day and that barriers 46.3 such as social stigma of poverty, facilities, or transportation 46.4 do not impede student access to nutritious food. 46.5 Subd. 2. [ELIGIBILITY.] An applicant for a grant must be a 46.6 public elementary school that participates in the federal school 46.7 breakfast and lunch programs. First priority will be given to 46.8 schools where at least 33 percent of the lunches the school 46.9 served to children during the preceding school year were 46.10 provided free or at a reduced price. Second priority will be 46.11 given to all other public elementary schools. 46.12 Subd. 3. [APPLICATION PROCESS.] To obtain a grant to 46.13 receive reimbursement for providing breakfasts to all children, 46.14 a public elementary school must submit an application to the 46.15 commissioner of children, families, and learning in the form and 46.16 manner the commissioner prescribes. The application must 46.17 describe how the applicant will encourage all children in the 46.18 school to participate in the breakfast program. The applicant 46.19 must also demonstrate to the commissioner that the applicant 46.20 will collect a $1 local match of funding for every $3 of state 46.21 funding the applicant receives. The applicant must raise the 46.22 local match by charging student households not eligible for 46.23 federal free or reduced price meals. The applicant can 46.24 determine the method for charging student households for school 46.25 breakfast however it must include a consideration of the 46.26 household's ability to pay. The applicant cannot collect local 46.27 funds from student households for school breakfast that exceeds 46.28 the difference between the revenue from federal and state aids 46.29 and the actual cost of providing the breakfast. The 46.30 commissioner may require additional information from the 46.31 applicant. 46.32 Subd. 4. [GRANT AWARDS.] The commissioner shall award 46.33 grants to the 41 grant recipients under Laws 1997, First Special 46.34 Session chapter 4, article 6, section 19, and then according to 46.35 need as determined by the percentage of students enrolled in the 46.36 school who are eligible for federal free or reduced price meals 47.1 and that meet the requirements of subdivisions 2 and 3 until 47.2 funding under this section is expended. The commissioner shall 47.3 determine the amount of the grant using average statewide 47.4 statistics and individual school statistics adjusted for other 47.5 state and federal reimbursements. Grant recipients must use the 47.6 proceeds to provide breakfast to school children every day 47.7 school is in session. 47.8 Subd. 5. [EXPIRATION.] This section expires June 30, 2004. 47.9 Sec. 2. [APPROPRIATIONS.] 47.10 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 47.11 LEARNING.] The sums indicated in this section are appropriated 47.12 from the general fund to the department of children, families, 47.13 and learning for the fiscal years designated. 47.14 Subd. 2. [SCHOOL LUNCH AND FOOD STORAGE AID.] (a) For 47.15 school lunch aid according to Minnesota Statutes, section 47.16 124D.111, and Code of Federal Regulations, title 7, section 47.17 210.17, and for food storage and transportation costs for United 47.18 States Department of Agriculture donated commodities; and for a 47.19 temporary transfer to the commodity processing revolving fund to 47.20 provide cash flow to permit schools and other recipients of 47.21 donated commodities to take advantage of volume processing rates 47.22 and for school milk aid according to Minnesota Statutes, section 47.23 124D.118: 47.24 $7,770,000 ..... 2000 47.25 $7,770,000 ..... 2001 47.26 (b) Any unexpended balance remaining from the 47.27 appropriations in this subdivision shall be prorated among 47.28 participating schools based on the number of free, reduced, and 47.29 fully paid federally reimbursable student lunches served during 47.30 that school year. 47.31 (c) If the appropriation amount attributable to either year 47.32 is insufficient, the rate of payment for each fully paid student 47.33 lunch shall be reduced and the aid for that year shall be 47.34 prorated among participating schools so as not to exceed the 47.35 total authorized appropriation for that year. 47.36 (d) Any temporary transfer processed in accordance with 48.1 this subdivision to the commodity processing fund will be 48.2 returned by June 30 in each year so that school lunch aid and 48.3 food storage costs can be fully paid as scheduled. 48.4 (e) Not more than $800,000 of the amount appropriated each 48.5 year may be used for school milk aid. 48.6 (f) The commissioner may reduce other future aid and grant 48.7 payments due to school districts and other organizations for the 48.8 costs of processing and storage of commodities used by the 48.9 district or organization. 48.10 Subd. 3. [SCHOOL BREAKFAST OUTREACH.] To initiate school 48.11 breakfast programs under Minnesota Statutes, section 124D.115, 48.12 at school sites not currently providing a school breakfast 48.13 program or at schools that initiated a school breakfast program 48.14 during the 1996-1997 school year: 48.15 $15,000 ..... 2000 48.16 $15,000 ..... 2001 48.17 Subd. 4. [SUMMER FOOD SERVICE REPLACEMENT AID.] For summer 48.18 food service replacement aid under Minnesota Statutes, section 48.19 124D.119: 48.20 $150,000 ..... 2000 48.21 $150,000 ..... 2001 48.22 Subd. 5. [FAST BREAK TO LEARNING GRANTS.] For fast break 48.23 to learning grants under Minnesota Statutes, section 124D.1155: 48.24 $2,956,000 ..... 2000 48.25 $2,956,000 ..... 2001 48.26 Any balance in the first year does not cancel but is 48.27 available in the second year. 48.28 Sec. 3. [REPEALER.] 48.29 Minnesota Statutes 1998, section 124D.112, is repealed. 48.30 ARTICLE 8 48.31 LIBRARIES 48.32 Section 1. [APPROPRIATIONS.] 48.33 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 48.34 LEARNING.] The sums indicated in this section are appropriated 48.35 from the general fund to the department of children, families, 48.36 and learning for the fiscal years designated. 49.1 Subd. 2. [BASIC SUPPORT GRANTS.] For basic support grants 49.2 according to Minnesota Statutes, sections 134.32 to 134.35: 49.3 $8,495,000 ..... 2000 49.4 $8,570,000 ..... 2001 49.5 The 2000 appropriation includes $782,000 for 1999 and 49.6 $7,713,000 for 2000. 49.7 The 2001 appropriation includes $857,000 for 2000 and 49.8 $7,713,000 for 2001. 49.9 Subd. 3. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For 49.10 grants according to Minnesota Statutes, sections 134.353 and 49.11 134.354, to multicounty, multitype library systems: 49.12 $903,000 ..... 2000 49.13 $903,000 ..... 2001 49.14 The 2000 appropriation includes $90,000 for 1999 and 49.15 $813,000 for 2000. 49.16 The 2001 appropriation includes $90,000 for 2000 and 49.17 $813,000 for 2001. 49.18 Subd. 4. [REGIONAL LIBRARY TELECOMMUNICATIONS AID.] For 49.19 grants to regional public library systems under Minnesota 49.20 Statutes, section 125B.20, subdivision 3: 49.21 $1,700,000 ..... 2000 49.22 $1,700,000 ..... 2001 49.23 Any balance in the first year does not cancel but is 49.24 available in the second year. 49.25 Sec. 2. [REPEALER.] 49.26 Minnesota Statutes 1998, section 134.155, is repealed. 49.27 Laws 1997, First Special Session chapter 4, article 3, section 49.28 5; and article 8, section 5, are repealed. 49.29 ARTICLE 9 49.30 CHILDREN AND FAMILY SUPPORT PROGRAMS 49.31 Section 1. Minnesota Statutes 1998, section 13.46, 49.32 subdivision 2, is amended to read: 49.33 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 49.34 a statute specifically provides a different classification, data 49.35 on individuals collected, maintained, used, or disseminated by 49.36 the welfare system is private data on individuals, and shall not 50.1 be disclosed except: 50.2 (1) according to section 13.05; 50.3 (2) according to court order; 50.4 (3) according to a statute specifically authorizing access 50.5 to the private data; 50.6 (4) to an agent of the welfare system, including a law 50.7 enforcement person, attorney, or investigator acting for it in 50.8 the investigation or prosecution of a criminal or civil 50.9 proceeding relating to the administration of a program; 50.10 (5) to personnel of the welfare system who require the data 50.11 to determine eligibility, amount of assistance, and the need to 50.12 provide services of additional programs to the individual; 50.13 (6) to administer federal funds or programs; 50.14 (7) between personnel of the welfare system working in the 50.15 same program; 50.16 (8) the amounts of cash public assistance and relief paid 50.17 to welfare recipients in this state, including their names, 50.18 social security numbers, income, addresses, and other data as 50.19 required, upon request by the department of revenue to 50.20 administer the property tax refund law, supplemental housing 50.21 allowance, early refund of refundable tax credits, and the 50.22 income tax. "Refundable tax credits" means the dependent care 50.23 credit under section 290.067, the Minnesota working family 50.24 credit under section 290.0671, the property tax refund under 50.25 section 290A.04, and, if the required federal waiver or waivers 50.26 are granted, the federal earned income tax credit under section 50.27 32 of the Internal Revenue Code; 50.28 (9) between the department of human services, department of 50.29 children, families, and learning, and the Minnesota department 50.30 of economic security for the purpose of monitoring the 50.31 eligibility of the data subject for reemployment insurance, for 50.32 any employment or training program administered, supervised, or 50.33 certified by that agency, for the purpose of administering any 50.34 rehabilitation program or child care assistance program, whether 50.35 alone or in conjunction with the welfare system, or to monitor 50.36 and evaluate the statewide Minnesota family investment program 51.1 by exchanging data on recipients and former recipients of food 51.2 stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 51.3 child care assistance under chapter 119B, or medical programs 51.4 under chapter 256B, 256D, or 256L; 51.5 (10) to appropriate parties in connection with an emergency 51.6 if knowledge of the information is necessary to protect the 51.7 health or safety of the individual or other individuals or 51.8 persons; 51.9 (11) data maintained by residential programs as defined in 51.10 section 245A.02 may be disclosed to the protection and advocacy 51.11 system established in this state according to Part C of Public 51.12 Law Number 98-527 to protect the legal and human rights of 51.13 persons with mental retardation or other related conditions who 51.14 live in residential facilities for these persons if the 51.15 protection and advocacy system receives a complaint by or on 51.16 behalf of that person and the person does not have a legal 51.17 guardian or the state or a designee of the state is the legal 51.18 guardian of the person; 51.19 (12) to the county medical examiner or the county coroner 51.20 for identifying or locating relatives or friends of a deceased 51.21 person; 51.22 (13) data on a child support obligor who makes payments to 51.23 the public agency may be disclosed to the higher education 51.24 services office to the extent necessary to determine eligibility 51.25 under section 136A.121, subdivision 2, clause (5); 51.26 (14) participant social security numbers and names 51.27 collected by the telephone assistance program may be disclosed 51.28 to the department of revenue to conduct an electronic data match 51.29 with the property tax refund database to determine eligibility 51.30 under section 237.70, subdivision 4a; 51.31 (15) the current address of a recipient of aid to families 51.32 with dependent children or Minnesota family investment 51.33 program-statewide may be disclosed to law enforcement officers 51.34 who provide the name of the recipient and notify the agency that: 51.35 (i) the recipient: 51.36 (A) is a fugitive felon fleeing to avoid prosecution, or 52.1 custody or confinement after conviction, for a crime or attempt 52.2 to commit a crime that is a felony under the laws of the 52.3 jurisdiction from which the individual is fleeing; or 52.4 (B) is violating a condition of probation or parole imposed 52.5 under state or federal law; 52.6 (ii) the location or apprehension of the felon is within 52.7 the law enforcement officer's official duties; and 52.8 (iii) the request is made in writing and in the proper 52.9 exercise of those duties; 52.10 (16) the current address of a recipient of general 52.11 assistance or general assistance medical care may be disclosed 52.12 to probation officers and corrections agents who are supervising 52.13 the recipient and to law enforcement officers who are 52.14 investigating the recipient in connection with a felony level 52.15 offense; 52.16 (17) information obtained from food stamp applicant or 52.17 recipient households may be disclosed to local, state, or 52.18 federal law enforcement officials, upon their written request, 52.19 for the purpose of investigating an alleged violation of the 52.20 Food Stamp Act, according to Code of Federal Regulations, title 52.21 7, section 272.1(c); 52.22 (18) the address, social security number, and, if 52.23 available, photograph of any member of a household receiving 52.24 food stamps shall be made available, on request, to a local, 52.25 state, or federal law enforcement officer if the officer 52.26 furnishes the agency with the name of the member and notifies 52.27 the agency that: 52.28 (i) the member: 52.29 (A) is fleeing to avoid prosecution, or custody or 52.30 confinement after conviction, for a crime or attempt to commit a 52.31 crime that is a felony in the jurisdiction the member is 52.32 fleeing; 52.33 (B) is violating a condition of probation or parole imposed 52.34 under state or federal law; or 52.35 (C) has information that is necessary for the officer to 52.36 conduct an official duty related to conduct described in subitem 53.1 (A) or (B); 53.2 (ii) locating or apprehending the member is within the 53.3 officer's official duties; and 53.4 (iii) the request is made in writing and in the proper 53.5 exercise of the officer's official duty; 53.6 (19) certain information regarding child support obligors 53.7 who are in arrears may be made public according to section 53.8 518.575; 53.9 (20) data on child support payments made by a child support 53.10 obligor and data on the distribution of those payments excluding 53.11 identifying information on obligees may be disclosed to all 53.12 obligees to whom the obligor owes support, and data on the 53.13 enforcement actions undertaken by the public authority, the 53.14 status of those actions, and data on the income of the obligor 53.15 or obligee may be disclosed to the other party; 53.16 (21) data in the work reporting system may be disclosed 53.17 under section 256.998, subdivision 7; 53.18 (22) to the department of children, families, and learning 53.19 for the purpose of matching department of children, families, 53.20 and learning student data with public assistance data to 53.21 determine students eligible for free and reduced price meals, 53.22 meal supplements, and free milk according to United States Code, 53.23 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 53.24 produce accurate numbers of students receiving aid to families 53.25 with dependent children or Minnesota family investment 53.26 program-statewide as required by section 126C.06; to allocate 53.27 federal and state funds that are distributed based on income of 53.28 the student's family; and to verify receipt of energy assistance 53.29 for the telephone assistance plan; 53.30 (23) the current address and telephone number of program 53.31 recipients and emergency contacts may be released to the 53.32 commissioner of health or a local board of health as defined in 53.33 section 145A.02, subdivision 2, when the commissioner or local 53.34 board of health has reason to believe that a program recipient 53.35 is a disease case, carrier, suspect case, or at risk of illness, 53.36 and the data are necessary to locate the person; 54.1 (24) to other state agencies, statewide systems, and 54.2 political subdivisions of this state, including the attorney 54.3 general, and agencies of other states, interstate information 54.4 networks, federal agencies, and other entities as required by 54.5 federal regulation or law for the administration of the child 54.6 support enforcement program; 54.7 (25) to personnel of public assistance programs as defined 54.8 in section 256.741, for access to the child support system 54.9 database for the purpose of administration, including monitoring 54.10 and evaluation of those public assistance programs; or 54.11 (26) to monitor and evaluate the statewide Minnesota family 54.12 investment program by exchanging data between the departments of 54.13 human services and children, families, and learning, on 54.14 recipients and former recipients of food stamps, cash assistance 54.15 under chapter 256, 256D, 256J, or 256K, child care assistance 54.16 under chapter 119B, or medical programs under chapter 256B, 54.17 256D, or 256L. 54.18 (b) Information on persons who have been treated for drug 54.19 or alcohol abuse may only be disclosed according to the 54.20 requirements of Code of Federal Regulations, title 42, sections 54.21 2.1 to 2.67. 54.22 (c) Data provided to law enforcement agencies under 54.23 paragraph (a), clause (15), (16), (17), or (18), or paragraph 54.24 (b), are investigative data and are confidential or protected 54.25 nonpublic while the investigation is active. The data are 54.26 private after the investigation becomes inactive under section 54.27 13.82, subdivision 5, paragraph (a) or (b). 54.28 (d) Mental health data shall be treated as provided in 54.29 subdivisions 7, 8, and 9, but is not subject to the access 54.30 provisions of subdivision 10, paragraph (b). 54.31 Sec. 2. Minnesota Statutes 1998, section 119B.01, 54.32 subdivision 2, is amended to read: 54.33 Subd. 2. [APPLICANT.] "Child care fund applicants" means 54.34 all parents, stepparents, legal guardians, or eligible 54.35 relativecaretakerscaregivers who reside in thehousehold54.36 family that applies for child care assistance under the child 55.1 care fund. 55.2 Sec. 3. Minnesota Statutes 1998, section 119B.01, 55.3 subdivision 10, is amended to read: 55.4 Subd. 10. [FAMILY.] "Family" means parents, stepparents, 55.5 guardians and their spouses, or other eligible 55.6 relativecaretakerscaregivers and their spouses, and their 55.7 blood related dependent children and adoptive siblings under the 55.8 age of 18 years living in the same home including children 55.9 temporarily absent from the household in settings such as 55.10 schools, foster care, and residential treatment facilities or 55.11 parents, stepparents, guardians and their spouses, or other 55.12 relative caregivers and their spouses temporarily absent from 55.13 the household in settings such as schools, military service, or 55.14 rehabilitation programs. When a minor parent or parents and 55.15 his, her, or their child or children are living with other 55.16 relatives, and the minor parent or parents apply for a child 55.17 care subsidy, "family" means only the minor parent or parents 55.18 andthetheir child or children.An adult may be considered a55.19dependent member of the family unit if 50 percent of the adult's55.20support is being provided by the parents, stepparents, guardians55.21and their spouses, or eligible relative caretakers and their55.22spouses, residing in the same household.An adult age 18 or 55.23 older who meets this definition of family and is a full-time 55.24 high school student and can reasonably be expected to graduate 55.25 before age 19 may be considered a dependent member of the family 55.26 unit. 55.27 Sec. 4. Minnesota Statutes 1998, section 119B.01, 55.28 subdivision 12, is amended to read: 55.29 Subd. 12. [INCOME.] "Income" means earned or unearned 55.30 income received by all family members, including public 55.31 assistance cash benefits and at-home infant care subsidy 55.32 payments, unless specifically excluded. The following are 55.33 excluded from income: funds used to pay for health insurance 55.34 premiums for family members, Supplemental Security Income, 55.35 scholarships, work-study income, and grants that cover costs or 55.36 reimbursement for tuition, fees, books, and educational 56.1 supplies; student loans for tuition, fees, books, supplies, and 56.2 living expenses; state and federal earned income tax credits; 56.3 in-kind income such as food stamps, energy assistance, foster 56.4 care assistance, medical assistance, child care assistance, and 56.5 housing subsidies; earned income of full or part-time secondary 56.6 school students up to the age of 19, who have not earned a high 56.7 school or general equivalency diploma including earnings from 56.8 summer employment; grant awards under the family subsidy 56.9 program; nonrecurring lump sum income only to the extent that it 56.10 is earmarked and used for the purpose for which it is paid; and 56.11 any income assigned to the public authority according to section 56.12 256.74 or 256.741, if enacted. 56.13 Sec. 5. Minnesota Statutes 1998, section 119B.01, 56.14 subdivision 13, is amended to read: 56.15 Subd. 13. [PROVIDER.] "Provider" means a child care 56.16 license holder who operates a familydaychild care home, a 56.17 group familydaychild care home, adaychild care center, a 56.18 nursery school, a day nursery, an extended day school age child 56.19 care program; alegal nonlicensedlicense exempt extended day 56.20 school age child care program which operates under the auspices 56.21 of a local school board or a park or recreation board of the 56.22 first class that has adopted school age child carestandards56.23 guidelines which meet or exceedstandardsguidelines recommended 56.24 by the state department of children, families, and learning, or 56.25 a legal nonlicensedcaregiverregistered provider who is at 56.26 least 18 years of age, and who is not a member of the 56.27AFDCMinnesota family investment program assistance unit or a 56.28 member of the family receiving child care assistance under this 56.29 chapter. 56.30 Sec. 6. Minnesota Statutes 1998, section 119B.01, 56.31 subdivision 15, is amended to read: 56.32 Subd. 15. [AFDCMINNESOTA FAMILY INVESTMENT 56.33 PROGRAM.]"AFDC" means the aid to families with dependent56.34children program under sections 256.72 to 256.87;"Minnesota 56.35 family investment program" means the state's TANF program under 56.36 Public Law Number 104-193, title I, and includes the MFIP 57.1 programunder sections 256.031 to 256.0361 and 256.0475 to57.2256.049; the MFIP-S programunder chapter 256J; and the work 57.3 first program under chapter 256K, whichever program is in effect. 57.4 Sec. 7. Minnesota Statutes 1998, section 119B.01, 57.5 subdivision 16, is amended to read: 57.6 Subd. 16. [TRANSITION YEAR FAMILIES.] "Transition year 57.7 families" means families who have receivedAFDCassistance under 57.8 the Minnesota family investment program, or who were eligible to 57.9 receiveAFDCassistance under the Minnesota family investment 57.10 program after choosing to discontinue receipt of the cash 57.11 portion ofMFIP-SMFIP assistance under section 256J.31, 57.12 subdivision 12, for at least three of the last six months before 57.13 losing eligibility forAFDCMinnesota family investment program 57.14 due toincreased hours of employment, orincreased income from 57.15 employment or child or spousal support or families participating 57.16 in work first under chapter 256K who meet the requirements of 57.17 section 256K.07. 57.18 Sec. 8. Minnesota Statutes 1998, section 119B.01, 57.19 subdivision 17, is amended to read: 57.20 Subd. 17. [CHILD CARE FUND.] "Child care fund" means a 57.21 program under this chapter providing: 57.22 (1) financial assistance for child care to parents engaged 57.23 in employmentor the short-term provision of at-home infant care57.24for their own child, job search, or education and training 57.25 leading to employment or an at-home infant care subsidy; and 57.26 (2) grants to develop, expand, and improve the access and 57.27 availability of child care services statewide. 57.28 Sec. 9. Minnesota Statutes 1998, section 119B.02, 57.29 subdivision 1, is amended to read: 57.30 Subdivision 1. [CHILD CARE SERVICES.] The commissioner 57.31 shall develop standards for county and human services boards to 57.32 provide child care services to enable eligible families to 57.33 participate in employment, training, or education programs. 57.34 Within the limits of available appropriations, the commissioner 57.35 shall distribute money to counties to reduce the costs of child 57.36 care for eligible families. The commissioner shall adopt rules 58.1 to govern the program in accordance with this section. The 58.2 rules must establish a sliding schedule of fees for parents 58.3 receiving child care services. The rules shall provide that 58.4 funds received as a lump sum payment of child support arrearages 58.5 shall not be counted as income to a family in the month received 58.6 but shall be prorated over the 12 months following receipt and 58.7 added to the family income during those months. In the rules 58.8 adopted under this section, county and human services boards 58.9 shall be authorized to establish policies for payment of child 58.10 care spaces for absent children, when the payment is required by 58.11 the child's regular provider. The rules shall not set a maximum 58.12 number of days for which absence payments can be made, but 58.13 instead shall direct the county agency to set limits and pay for 58.14 absences according to the prevailing market practice in the 58.15 county. County policies for payment of absences shall be 58.16 subject to the approval of the commissioner. The commissioner 58.17 shall maximize the use of federal moneyin section 256.736under 58.18 Public Law Number 104-193, titles I and VI, and other programs 58.19 that provide federal or state reimbursement for child care 58.20 services for low-income families who are in education, training, 58.21 job search, or other activities allowed under those programs. 58.22 Money appropriated under this section must be coordinated with 58.23 the programs that provide federal reimbursement for child care 58.24 services to accomplish this purpose. Federal reimbursement 58.25 obtained must be allocated to the county that spent money for 58.26 child care that is federally reimbursable under programs that 58.27 provide federal reimbursement for child care services. The 58.28 counties shall use the federal money to expand child care 58.29 services. The commissioner may adopt rules under chapter 14 to 58.30 implement and coordinate federal program requirements. 58.31 Sec. 10. Minnesota Statutes 1998, section 119B.02, is 58.32 amended by adding a subdivision to read: 58.33 Subd. 3. [SUPERVISION OF COUNTIES.] The commissioner shall 58.34 supervise child care programs administered by the counties 58.35 through standard-setting, technical assistance to the counties, 58.36 approval of county plans, and distribution of public money for 59.1 services. The commissioner shall provide training and other 59.2 support services to assist counties in planning for and 59.3 implementing child care assistance programs. The commissioner 59.4 shall adopt rules under chapter 14 that establish minimum 59.5 administrative and service standards for the provision of child 59.6 care services by county boards of commissioners. 59.7 Sec. 11. Minnesota Statutes 1998, section 119B.03, 59.8 subdivision 3, is amended to read: 59.9 Subd. 3. [ELIGIBLE RECIPIENTS.] Families that meet the 59.10 eligibility requirements under sections 119B.07, 119B.09, except 59.11AFDC recipients,MFIP recipients, work first recipients, and 59.12 transition year families, and 119B.10 are eligible for child 59.13 care assistance under the basic sliding fee program. Families 59.14 enrolled in the basic sliding fee program shall be continued 59.15 until they are no longer eligible. Child care assistance 59.16 provided through the child care fund is considered assistance to 59.17 the parent. 59.18 Sec. 12. Minnesota Statutes 1998, section 119B.03, 59.19 subdivision 4, is amended to read: 59.20 Subd. 4. [FUNDING PRIORITY.] (a) First priority for child 59.21 care assistance under the basic sliding fee program must be 59.22 given to eligiblenon-AFDCnon-Minnesota family investment 59.23 program families who do not have a high school or general 59.24 equivalency diploma or who need remedial and basic skill courses 59.25 in order to pursue employment or to pursue education leading to 59.26 employment. Within this priority, the following subpriorities 59.27 must be used: 59.28 (1) child care needs of minor parents; 59.29 (2) child care needs of parents under 21 years of age; and 59.30 (3) child care needs of other parents within the priority 59.31 group described in this paragraph. 59.32 (b) Second priority must be given to parents who have 59.33 completed theirAFDCMinnesota family investment program or work 59.34 first transition year. 59.35 (c) Third priority must be given to families who are 59.36 eligible for portable basic sliding fee assistance through the 60.1 portability pool under subdivision 9. 60.2 Sec. 13. Minnesota Statutes 1998, section 119B.03, 60.3 subdivision 9, is amended to read: 60.4 Subd. 9. [PORTABILITY POOL.] (a) The commissioner shall 60.5 establish a pool of up to five percent of the annual 60.6 appropriation for the basic sliding fee program to provide 60.7 continuous child care assistance for eligible families who move 60.8 between Minnesota counties. At the end of each allocation 60.9 period, any unspent funds in the portability pool must beadded60.10to the funds available for reallocationused for assistance 60.11 under the basic sliding fee program. If expenditures from the 60.12 portability pool exceed the amount of money available, the 60.13 reallocation pool must be reduced to cover these shortages. 60.14 (b) To be eligible for portable basic sliding fee 60.15 assistance, a family that has moved from a county in which it 60.16 was receiving basic sliding fee assistance to a county with a 60.17 waiting list for the basic sliding fee program must: 60.18 (1) meet the income and eligibility guidelines for the 60.19 basic sliding fee program; and 60.20 (2) notify the new county of residence within 30 days of 60.21 moving and apply for basic sliding fee assistance in the new 60.22 county of residence. 60.23 (c) The receiving county must: 60.24 (1) accept administrative responsibility for applicants for 60.25 portable basic sliding fee assistance at the end of the two 60.26 months of assistance under the Unitary Residency act; 60.27 (2) continue basic sliding fee assistance for the lesser of 60.28 six months or until the family is able to receive assistance 60.29 under the county's regular basic sliding program; and 60.30 (3) notify the commissioner through the quarterly reporting 60.31 process of any family that meets the criteria of the portable 60.32 basic sliding fee assistance pool. 60.33 Sec. 14. Minnesota Statutes 1998, section 119B.04, 60.34 subdivision 1, is amended to read: 60.35 Subdivision 1. [COMMISSIONER TO ADMINISTER PROGRAM.] The 60.36 commissioner of children, families, and learning is authorized 61.1 and directed to receive, administer, and expend funds available 61.2 under the child care and development fund under Public Law 61.3 Number 104-193, TitleIVI. 61.4 Sec. 15. Minnesota Statutes 1998, section 119B.05, 61.5 subdivision 1, is amended to read: 61.6 Subdivision 1. [ELIGIBLE RECIPIENTS.] Families eligible 61.7 for child care assistance under theAFDCMinnesota family 61.8 investment program child care program are: 61.9 (1)persons receiving services under sections 256.031 to61.10256.0361 and 256.047 to 256.048;61.11(2) AFDCMinnesota family investment program recipients who 61.12 are employed or in job search and meet the requirements of 61.13 section 119B.10; 61.14(3)(2) persons who are members of transition year families 61.15 under section 119B.01, subdivision 16; 61.16(4) members of the control group for the STRIDE evaluation61.17conducted by the Manpower Demonstration Research Corporation;61.18(5) AFDC caretakers who are participating in the STRIDE and61.19non-STRIDE AFDC child care program;61.20(6)(3) families who are participating in employment 61.21 orientation or job search, or other employment or training 61.22 activities that are included in an approved employability 61.23 development plan under chapter 256K; and 61.24(7) MFIP-S(4) MFIP families who are participating in work 61.25 activities as required in their job search support or employment 61.26 plan, or in appeals, hearings, assessments, or orientations 61.27 according to chapter 256J. Child care assistance to support 61.28 work activities as described in section 256J.49 must be 61.29 available according to sections 119A.54, 119B.01, subdivision 8, 61.30 124D.13, 256E.08, and 611A.32 and titles IVA, IVB, IVE, and XX 61.31 of the Social Security Act. 61.32 Sec. 16. Minnesota Statutes 1998, section 119B.061, is 61.33 amended to read: 61.34 119B.061 [AT-HOME INFANT CHILD CARE PROGRAM.] 61.35 Subdivision 1. [ESTABLISHMENT.] Beginning July 1, 1998, a 61.36 familyreceiving or eligible toin which a parent provides care 62.1 for the family's infant child may receive a subsidy in lieu of 62.2 assistance if the family is eligible for, or is receiving 62.3 assistance under the basic sliding fee programis eligible for62.4assistance for a parent to provide short-term child care for the62.5family's infant child. An eligible family must meet the 62.6 eligibility factors under section 119B.09, the income criteria 62.7 under section 119B.12, and the requirements of this section. 62.8 The commissioner shall establish a pool of up to seven percent 62.9 of the annual appropriation for the basic sliding fee program to 62.10 provide assistance under the at-home infant child care program. 62.11 At the end of the fiscal year, any unspent funds must be used 62.12 for assistance under the basic sliding fee program. 62.13 Subd. 2. [ELIGIBLE FAMILIES.] A family with an infant 62.14 under the age of one year is eligible for assistance if: 62.15 (1) the family is not receivingMFIP-SMFIP, other cash 62.16 assistance, or other child care assistance; 62.17 (2) the family has not previously received all of the 62.18 one-year exemption from the work requirement for infant care 62.19 under theMFIP-SMFIP program; 62.20 (3) the family has not previously received a lifelong total 62.21 of 12 months of assistance under this section; and 62.22 (4) the family is participating in the basic sliding fee 62.23 program or, for the first child in a family, provides 62.24 verification ofemploymentparticipation in an authorized 62.25 activity at the time of application and meets the program 62.26 requirements. 62.27 Subd. 3. [ELIGIBLE PARENT.]OnlyA family is eligible for 62.28 assistance under this section if one parent, in a two-parent62.29family, is eligible for assistancecares for the family's infant 62.30 child. The eligible parent must: 62.31 (1) be over the age of 18; 62.32 (2)providecare for the infant full-timecare for the62.33childin the child's home; and 62.34 (3)provide childcare for any other children in the family 62.35thatwho are eligible for child care assistance under chapter 62.36 119B. 63.1 Subd. 4. [ASSISTANCE.] (a) A family is limited to a 63.2 lifetime total of 12 months of assistance under this section. 63.3 The maximum rate of assistance must be at 75 percent of the rate 63.4 established under section 119B.13 for care of infants in 63.5 licensed family day care in the applicant's county of 63.6 residence. Assistance must be calculated to reflect the copay 63.7 requirement and the family's income level. 63.8 (b) A participating family must continue to report income 63.9 and other family changes as specified in the county's plan under 63.10 section 119B.08, subdivision 3. The family must treat any 63.11 assistance received under this section as unearned income. 63.12 (c) Participation in the at-home infant child care program 63.13 must be considered participation in the basic sliding fee 63.14 program for purposes of continuing eligibility under section 63.15 119B.03, subdivision 3. 63.16 (d) The time that a family that receives assistance under 63.17 this sectionis ineligible formust be deducted from the 63.18 one-year exemption from work requirements under theMFIP-SMFIP 63.19 program. 63.20 (e) Assistance under this section does not establish an 63.21 employer-employee relationship between any member of the 63.22 assisted family and the county or state. 63.23 Subd. 5. [IMPLEMENTATION.] By July 1, 1998, the 63.24 commissioner shall implement the at-home infant child care 63.25 program under this section. The commissioner shall evaluate 63.26 this program and report the impact to the legislature by January 63.27 1, 2000. The evaluation must include data on the number of 63.28 families participating in the program; the number of families 63.29 continuing to pursue employment or education while participating 63.30 in the program; the average income of families prior to, during, 63.31 and after participation in the program; family size; and single 63.32 parent and two-parent status. 63.33 Sec. 17. Minnesota Statutes 1998, section 119B.07, is 63.34 amended to read: 63.35 119B.07 [USE OF MONEY.] 63.36 Money for persons listed in sections 119B.03, subdivision 64.1 3, and 119B.05, subdivision 1, shall be used to reduce the costs 64.2 of child care for students, including the costs of child care 64.3 for students while employed if enrolled in an eligible education 64.4 program at the same time and making satisfactory progress 64.5 towards completion of the program. Counties may not limit the 64.6 duration of child care subsidies for a person in an employment 64.7 or educational program, except when the person is found to be 64.8 ineligible under the child care fund eligibility standards. Any 64.9 limitation must be based on a person's employability plan in the 64.10 case ofan AFDCa Minnesota family investment program recipient, 64.11 and county policies included in the child care allocation plan. 64.12 The maximum length of time a student is eligible for child care 64.13 assistance under the child care fund for education and training 64.14 is no more than the time necessary to complete the credit 64.15 requirements for an associate or baccalaureate degree as 64.16 determined by the educational institution, excluding basic or 64.17 remedial education programs needed to prepare for post-secondary 64.18 education or employment. To be eligible, the student must be in 64.19 good standing and be making satisfactory progress toward the 64.20 degree. Time limitations for child care assistance do not apply 64.21 to basic or remedial educational programs needed to prepare for 64.22 post-secondary education or employment. These programs 64.23 include: high school, general equivalency diploma, and English 64.24 as a second language. Programs exempt from this time limit must 64.25 not run concurrently with a post-secondary program. High school 64.26 students who are participating in a post-secondary options 64.27 program and who receive a high school diploma issued by the 64.28 school district are exempt from the time limitations while 64.29 pursuing a high school diploma.Financially eligible students64.30who have received child care assistance for one academic year64.31shall be provided child care assistance in the following64.32academic year if funds allocated under sections 119B.03 and64.33119B.05 are available.Ifan AFDCa Minnesota family investment 64.34 program recipient who is receivingAFDCMinnesota family 64.35 investment program child care assistance under this chapter 64.36 moves to another county, continues to participate in educational 65.1 or training programs authorized in their employability 65.2 development plans, and continues to be eligible forAFDC65.3 Minnesota family investment program child care assistance under 65.4 this chapter, theAFDC caretakerMinnesota family investment 65.5 program caregiver must receive continued child care assistance 65.6 from the county responsible for their current employability 65.7 development plan,without interruptionaccording to Minnesota 65.8 Statutes, section 256G.07. 65.9 Sec. 18. Minnesota Statutes 1998, section 119B.08, 65.10 subdivision 3, is amended to read: 65.11 Subd. 3. [CHILD CARE FUND PLAN.] Effective January 1, 65.12 1992, the county will include the plan required under this 65.13 subdivision in its biennial community social services plan 65.14required in this section, for the group described in section65.15256E.03, subdivision 2, paragraph (h). The commissioner shall 65.16 establish the dates by which the county must submitthesethe 65.17 child care fund plans. The county and designated administering 65.18 agency shall submit to the commissioner an annual child care 65.19 fund allocation plan. The plan shall include: 65.20 (1) a narrative of the total program for child care 65.21 services, including all policies and procedures that affect 65.22 eligible families and are used to administer the child care 65.23 funds; 65.24 (2) the methods used by the county to inform eligible 65.25 groups of the availability of child care assistance and related 65.26 services; 65.27 (3) the provider rates paid for all children by provider 65.28 type; 65.29 (4) the county prioritization policy for all eligible 65.30groupsfamilies under the basic sliding fee programand AFDC65.31child care program; and 65.32 (5) other information as requested by the department to 65.33 ensure compliance with the child care fund statutes and rules 65.34 promulgated by the commissioner. 65.35 The commissioner shall notify counties within 60 days of 65.36 the date the plan is submitted whether the plan is approved or 66.1 the corrections or information needed to approve the plan. The 66.2 commissioner shall withhold a county's allocation until it has 66.3 an approved plan. Plans not approved by the end of the second 66.4 quarter after the plan is due may result in a 25 percent 66.5 reduction in allocation. Plans not approved by the end of the 66.6 third quarter after the plan is due may result in a 100 percent 66.7 reduction in the allocation to the county. Counties are to 66.8 maintain services despite any reduction in their allocation due 66.9 to plans not being approved. 66.10 Sec. 19. Minnesota Statutes 1998, section 119B.09, 66.11 subdivision 1, is amended to read: 66.12 Subdivision 1. [GENERAL ELIGIBILITY REQUIREMENTS FOR ALL 66.13 APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care services 66.14 must be available to families who need child care to find or 66.15 keep employment or to obtain the training or education necessary 66.16 to find employment and who: 66.17 (1) meet the requirements of section 119B.05; receiveaid66.18to families with dependent children, MFIP-S, or work first,66.19whichever is in effectMFIP; and arereceivingparticipating in 66.20 employment and training services undersection 256.736 or66.21 chapter 256J or 256K; 66.22 (2) have household income below the eligibility levels for 66.23aid to families with dependent childrenMinnesota family 66.24 investment program; or 66.25 (3) have household income within a range established by the 66.26 commissioner. 66.27 (b) Child care servicesfor the families receiving aid to66.28families with dependent childrenmust be made available as 66.29 in-kind services, to cover any difference between the actual66.30cost and the amount disregarded under the aid to families with66.31dependent children program. Child care services to families66.32whose incomes are below the threshold of eligibility for aid to66.33families with dependent children, but are not AFDC caretakers,66.34must be made available with the same copayment required of AFDC66.35caretakers or MFIP-S caregivers. 66.36 (c) All applicants for child care assistance and families 67.1 currently receiving child care assistance must be assisted and 67.2 required to cooperate in establishment of paternity and 67.3 enforcement of child support obligations for all children in the 67.4 family as a condition of program eligibility. For purposes of 67.5 this section, a family is considered to meet the requirement for 67.6 cooperation when the family complies with the requirements of 67.7 section 256.741, if enacted. 67.8 Sec. 20. Minnesota Statutes 1998, section 119B.09, 67.9 subdivision 3, is amended to read: 67.10 Subd. 3. [PRIORITIES; ALLOCATIONS.] If a county projects 67.11 that its child care allocation is insufficient to meet the needs 67.12 of all eligible groups, it may prioritize among the groups that 67.13 remain to be served after the county has complied with the 67.14 priority requirements of section 119B.03. Counties that have 67.15 established a priority fornon-AFDCnon-Minnesota family 67.16 investment plan families beyond those established under section 67.17 119B.03 must submit the policy in the annualallocationchild 67.18 care fund plan. 67.19 Sec. 21. Minnesota Statutes 1998, section 119B.09, 67.20 subdivision 7, is amended to read: 67.21 Subd. 7. [ELIGIBILITY FOR ASSISTANCE.] The date of 67.22 eligibility for child care assistance under this chapter is the 67.23 later of the date the application was signed; the beginning date 67.24 of employment, education, or training; or the date a 67.25 determination has been made that the applicant is a participant 67.26 in employment and training services under Minnesota Rules, part 67.27 3400.0080, subpart 2a,section 256.736,or chapter 256J or 67.28 256K. The date of eligibility for the basic sliding fee at-home 67.29 infant child care program is the later of the date the infant is 67.30 born or, in a county with a basic sliding fee wait list, the 67.31 date the family applies for at-home infant child care. Payment 67.32 ceases for a family under the at-home infant child care program 67.33 when a family has used a total of 12 months of assistance as 67.34 specified under section 119B.061. Payment of child care 67.35 assistance for employed persons onAFDCMFIP is effective the 67.36 date of employment or the date ofAFDCMFIP eligibility, 68.1 whichever is later. Payment of child care assistance forMFIP-S68.2 MFIP or work first participants in employment and training 68.3 services is effective the date of commencement of the services 68.4 or the date ofMFIP-SMFIP or work first eligibility, whichever 68.5 is later. Payment of child care assistance for transition year 68.6 child care must be made retroactive to the date of eligibility 68.7 for transition year child care. 68.8 Sec. 22. Minnesota Statutes 1998, section 119B.09, 68.9 subdivision 5, is amended to read: 68.10 Subd. 5. [PROVIDER CHOICE.] Parents may choose child care 68.11 providers as defined under section 119B.01, subdivision 13, that 68.12 best meet the needs of their family. Counties shall make 68.13 resources available to parents in choosing quality child care 68.14 services. Countiesmayshall require a parent to sign a release 68.15 stating their knowledge and responsibilities in choosing a legal 68.16 provider described under section 119B.01, subdivision 13, and a 68.17 release to allow transfer of the registered provider's name and 68.18 address to the child care resource and referral agency. When a 68.19 county knows that a particular provider is unsafe, or that the 68.20 circumstances of the child care arrangement chosen by the parent 68.21 are unsafe, the county may deny a child care subsidy. The 68.22 county shall not deny a child care subsidy to a child care 68.23 provider with a valid license under section 245A.03. A county 68.24 may not restrict access to a general category of provider 68.25 allowed under section 119B.01, subdivision 13. 68.26 Nonlicensed providers who meet the licensure exemptions 68.27 defined in section 245A.03, subdivision 2, must be registered. 68.28 Counties shall provide each nonlicensed, registered provider 68.29 with health and safety information, which shall include 68.30 information about immunizations. Nonlicensed, registered 68.31 providers shall keep immunization records in accordance with 68.32 section 121A.15 and have these records available to the county 68.33 upon request. Parents shall provide their child's immunization 68.34 records to their nonlicensed, registered provider. The child 68.35 must have received the age appropriate immunizations or have 68.36 commenced a schedule of immunizations within 90 days following 69.1 the first day of child care with the nonlicensed, registered 69.2 provider. In addition to other registration requirements, the 69.3 parent and provider must comply with state and local health 69.4 ordinances, including the required child immunizations, and 69.5 building and fire codes applicable to the premises where child 69.6 care is provided. 69.7 Counties may choose to have additional registration 69.8 requirements. These additional requirements must be identified 69.9 in the county's child care fund allocation plan, as described in 69.10 section 119B.08, subdivision 3. If a county has identified 69.11 successful completion of a criminal background check, Federal 69.12 Bureau of Investigation record check, or both, as an additional 69.13 health and safety check in the child care fund allocation plan 69.14 as a provider registration requirement, the county may request a 69.15 criminal history background check from the superintendent of the 69.16 bureau of criminal apprehension, the Federal Bureau of 69.17 Investigation, or both. 69.18 When the county has reasonable cause to believe that 69.19 further pertinent information may exist on the nonlicensed 69.20 provider, the subject shall provide a set of classifiable 69.21 fingerprints obtained from an authorized law enforcement 69.22 agency. For purposes of requiring fingerprints, the county 69.23 shall be considered to have reasonable cause under, but not 69.24 limited to, the following circumstances: 69.25 (1) information from the bureau of criminal apprehension 69.26 indicates that the subject is a multistate offender; 69.27 (2) information from the bureau of criminal apprehension 69.28 indicates that multistate offender status is undetermined; or 69.29 (3) the county has received a report from the subject or 69.30 third party indicating that the subject has a criminal history 69.31 in a jurisdiction other than Minnesota. 69.32 Sec. 23. Minnesota Statutes 1998, section 119B.10, 69.33 subdivision 1, is amended to read: 69.34 Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND 69.35 RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 69.36 and who are eligible for assistance under this section are 70.1 eligible to receive up to 240 hours of child care assistance per 70.2 calendar year. 70.3 (b) Employed persons who work at least an average of 70.4 20 hours and full-time students who work at least an average of 70.5 ten hours a week and receive at least a minimum wage for all 70.6 hours worked are eligible for continued child care 70.7 assistance for employment. Child care assistance during 70.8 employment must be authorized as provided in paragraphs (c) and 70.9 (d). 70.10 (c) When thecaregiverperson works for an hourly wage and 70.11 the hourly wage is equal to or greater than the applicable 70.12 minimum wage, child care assistance shall be provided for the 70.13 actual hours of employment, break, and mealtime during the 70.14 employment and travel time up to two hours per day. 70.15 (d) When thecaregiverperson does not work for an hourly 70.16 wage, child care assistance must be provided for the lesser of: 70.17 (1) the amount of child care determined by dividing gross 70.18 earned income by the applicable minimum wage, up to one hour 70.19 every eight hours for meals and break time, plus up to two hours 70.20 per day for travel time; or 70.21 (2) the amount of child care equal to the actual amount of 70.22 child care used during employment, including break and mealtime 70.23 during employment, and travel time up to two hours per day. 70.24 Sec. 24. Minnesota Statutes 1998, section 119B.12, 70.25 subdivision 2, is amended to read: 70.26 Subd. 2. [PARENT FEE.] A family's monthly parent fee must 70.27 be a fixed percentage of its annual gross income. Parent fees 70.28 must apply to families eligible for child care assistance under 70.29 sections 119B.03 and 119B.05. Income must be as defined in 70.30 section 119B.01, subdivision 12. The fixed percent is based on 70.31 the relationship of the family's annual gross income to 100 70.32 percent of state median income. Beginning January 1, 1998, 70.33 parent fees must begin at 75 percent of the poverty level. The 70.34 minimum parent fees for families between 75 percent and 100 70.35 percent of poverty level must be $5 per month.Parent fees for70.36families with incomes at or above the poverty level must not71.1decrease due to the addition of family members after the71.2family's initial eligibility determination.Parent fees must be 71.3 established in rule and must provide for graduated movement to 71.4 full payment. 71.5 Sec. 25. Minnesota Statutes 1998, section 119B.13, is 71.6 amended to read: 71.7 119B.13 [CHILD CARE RATES.] 71.8 Subdivision 1. [SUBSIDY RESTRICTIONS.]Effective July 1,71.91991,The maximum rate paid for child care assistance under the 71.10 child care fundis the maximum rate eligible for federal71.11reimbursement. The ratemay not exceed the 75th percentile rate 71.12 for like-care arrangements in the county as surveyed by the 71.13 commissioner. A rate which includes a provider bonus paid under 71.14 subdivision 2 or a special needs rate paid under subdivision 3 71.15 may be in excess of the maximum rate allowed under this 71.16 subdivision. The department of children, families, and learning 71.17 shall monitor the effect of this paragraph on provider rates. 71.18 The county shall pay the provider's full charges for every child 71.19 in care up to the maximum established. The commissioner shall 71.20 determine the maximum rate for each type of care, including 71.21 special needs and handicapped care. Not less than once every 71.22 two years, the county shall evaluateratesmarket practices for 71.23 payment ofabsent spacesabsences and shall establish policies 71.24 for payment of absent days that reflect current market practice. 71.25 When the provider charge is greater than the maximum 71.26 provider rate allowed, the parent is responsible for payment of 71.27 the difference in the rates in addition to any family copayment 71.28 fee. 71.29 Subd. 2. [PROVIDER RATE BONUS FOR ACCREDITATION.] 71.30Currently accredited child care centers shall be paid a ten71.31percent bonus above the maximum rate established in subdivision71.321, up to the actual provider rate.A family day care 71.33 provider or child care center shall be paid a ten percent bonus 71.34 above the maximum rate established in subdivision 1, if the 71.35 provider or center holds a current early childhood development 71.36 credential approved by the commissioner, up to the actual 72.1 provider rate.For purposes of this subdivision, "accredited"72.2means accredited by the National Association for the Education72.3of Young Children.72.4 Subd. 3. [PROVIDER RATE FOR CARE OF CHILDREN WITH 72.5 HANDICAPS OR SPECIAL NEEDS.] Counties shall reimburse providers 72.6 for the care of children with handicaps or special needs, at a 72.7 special rate to besetapproved by the county for care of these 72.8 children, subject to the approval of the commissioner. 72.9 Subd. 4. [RATES CHARGED TO PUBLICLY SUBSIDIZED FAMILIES.] 72.10 Child care providers receiving reimbursement under this chapter 72.11 may not charge a rate to clients receiving assistance under this 72.12 chapter that is higher than the private, full-paying client rate. 72.13 Subd. 5. [PROVIDER NOTICE.] The county shall inform both 72.14 the family receiving assistance under this chapter and the child 72.15 care provider of the payment amount and how and when payment 72.16 will be received. If the county sends a family a notice that 72.17 child care assistance will be terminated, the county shall 72.18 inform the provider that unless the family requests to continue 72.19 to receive assistance pending an appeal, child care payments 72.20 will no longer be made. The notice to thevendorprovider must 72.21 not contain any private data on the family or information on why 72.22 payment will no longer be made. 72.23 Subd. 6. [PROVIDER PAYMENTS.] Counties shall make vendor 72.24 payments to the child care provider or pay the parent directly 72.25 for eligible child care expenses.If payments for child care72.26assistance are made to providers,The provider or parent shall 72.27 bill the county for services provided within ten days of the end 72.28 of the month of service. If bills are submitted in accordance 72.29 with the provisions of this subdivision, a county shall issue 72.30 paymentto the provider offor child care assistance under the 72.31 child care fund within 30 days of receiving an invoice from the 72.32 provider. Counties may establish policies that make payments on 72.33 a more frequent basis. A county's payment policies must be 72.34 included in the county's child care plan under section 119B.08, 72.35 subdivision 3. 72.36 Sec. 26. Minnesota Statutes 1998, section 119B.14, is 73.1 amended to read: 73.2 119B.14 [EXTENSION OF EMPLOYMENT OPPORTUNITIES.] 73.3 The county board shall insure that child care services 73.4 available to eligible residents are well advertised and that 73.5 everyone who receives or applies foraid to families with73.6dependent childrenassistance under the MFIP program is informed 73.7 of training and employment opportunities and programs, including 73.8 child care assistance and child care resource and referral 73.9 services. 73.10 Sec. 27. Minnesota Statutes 1998, section 119B.15, is 73.11 amended to read: 73.12 119B.15 [ADMINISTRATIVE EXPENSES.] 73.13 The commissioner shall use up to 1/21 of the state and 73.14 federal funds available for the basic sliding fee program and 73.15 1/21 of the state and federal funds available for theAFDCMFIP 73.16 child care program for payments to counties for administrative 73.17 expenses. 73.18 Sec. 28. Minnesota Statutes 1998, section 121.8355, is 73.19 amended by adding a subdivision to read: 73.20 Subd. 2b. [INSURANCE.] The commissioner of children, 73.21 families, and learning may designate one collaborative to act as 73.22 a lead collaborative for purposes of obtaining liability 73.23 coverage for participating collaboratives. 73.24 Sec. 29. Minnesota Statutes 1998, section 124D.19, 73.25 subdivision 11, is amended to read: 73.26 Subd. 11. [EXTENDED DAYSCHOOL-AGE CARE PROGRAMS.] (a) A 73.27 school board may offer, as part of a community education 73.28 program,an extended daya school-age care program for children 73.29 from kindergarten through grade 6 for the purpose of expanding 73.30 students' learning opportunities. If the school board chooses 73.31 not to offer a school-age care program, it may allow an 73.32 appropriate insured community group, for profit entity or 73.33 nonprofit organization to use available school facilities for 73.34 the purpose of offering a school-age care program. 73.35 (b) A school-age care program must include the following: 73.36 (1) adult supervised programs while school is not in 74.1 session; 74.2 (2) parental involvement in program design and direction; 74.3 (3) partnerships with the kindergarten through grade 12 74.4 system, and other public, private, or nonprofit entities;and74.5 (4) opportunities for trained secondary school pupils to 74.6 work with younger children in a supervised setting as part of a 74.7 community service program.; and 74.8 (5) access to available school facilities, including the 74.9 gymnasium, sports equipment, computer labs, and media centers, 74.10 when not otherwise in use as part of the operation of the 74.11 school. The school district may establish reasonable rules 74.12 relating to access to these facilities and may require that: 74.13 (i) the organization request access to the facilities and 74.14 prepare and maintain a schedule of proposed use; 74.15 (ii) the organization provide evidence of adequate 74.16 insurance to cover the activities to be conducted in the 74.17 facilities; and 74.18 (iii) the organization prepare and maintain a plan 74.19 demonstrating the adequacy and training of staff to supervise 74.20 the use of the facilities. 74.21(b)(c) The district may charge a sliding fee based upon 74.22 family income forextended dayschool-age care programs. The 74.23 district may receive money from other public or private sources 74.24 for theextended dayschool-age care program. The board of the 74.25 district must develop standards for school-age child care 74.26 programs.Districts must adopt standards within one year after74.27the district first offers services under a program authorized by74.28this subdivision.The state board of education may not adopt 74.29 rules forextended dayschool-age care programs. 74.30(c)(d) The district shall maintain a separate account 74.31 within the community services fund for all funds related to the 74.32extended dayschool-age care program. 74.33 (e) A district is encouraged to coordinate the school-age 74.34 care program with its special education, vocational education, 74.35 adult basic education, early childhood family education 74.36 programs, kindergarten through grade 12 instruction and 75.1 curriculum services, youth development and youth service 75.2 agencies, and with related services provided by other 75.3 governmental agencies and nonprofit agencies. 75.4 Sec. 30. Minnesota Statutes 1998, section 124D.22, is 75.5 amended to read: 75.6 124D.22 [EXTENDED DAYSCHOOL-AGE CARE REVENUE.] 75.7 Subdivision 1. [ELIGIBILITY.] A district that offersan75.8extended dayschool-age care program according to section 75.9 124D.19, subdivision 11, is eligible forextended dayschool-age 75.10 care revenue for the additional costs of providing services to 75.11 children with disabilities or to children experiencing family or 75.12 related problems of a temporary nature who participate in 75.13 theextended dayschool-age care program. 75.14 Subd. 2. [EXTENDED DAYSCHOOL-AGE CARE REVENUE.] The 75.15extended dayschool-age care revenue for an eligible district 75.16 equals the approved additional cost of providing services to 75.17 children with disabilities or children experiencing family or 75.18 related problems of a temporary nature who participate in 75.19 theextended dayschool-age care program. 75.20 Subd. 3. [EXTENDED DAYSCHOOL-AGE CARE LEVY.] To obtain 75.21extended dayschool-age care revenue, a school district may levy 75.22 an amount equal to the district'sextended dayschool-age care 75.23 revenue as defined in subdivision 2 multiplied by the lesser of 75.24 one, or the ratio of the quotient derived by dividing the 75.25 adjusted net tax capacity of the district for the year before 75.26 the year the levy is certified by the resident pupil units in 75.27 the district for the school year to which the levy is 75.28 attributable, to $3,767. 75.29 Subd. 4. [EXTENDED DAYSCHOOL-AGE CARE AID.] A district's 75.30extended dayschool-age care aid is the difference between 75.31 itsextended dayschool-age care revenue and itsextended75.32dayschool-age care levy. If a district does not levy the 75.33 entire amount permitted,extended dayschool-age care aid must 75.34 be reduced in proportion to the actual amount levied. 75.35 Sec. 31. Minnesota Statutes 1998, section 466.01, 75.36 subdivision 1, is amended to read: 76.1 Subdivision 1. [MUNICIPALITY.] For the purposes of 76.2 sections 466.01 to 466.15, "municipality" means any city, 76.3 whether organized under home rule charter or otherwise, any 76.4 county, town, public authority, public corporation, nonprofit 76.5 firefighting corporation that has associated with it a relief 76.6 association as defined in section 424A.001, subdivision 4, 76.7 special district, school district, however organized, county 76.8 agricultural society organized pursuant to chapter 38, joint 76.9 powers board or organization created under section 471.59 or 76.10 other statute, public library, regional public library system, 76.11 multicounty multitype library system, the following local 76.12 collaboratives whose plans have been approved by the children's 76.13 cabinet: family servicescollaborativecollaboratives 76.14 established under section 124D.23, children's mental health 76.15 collaboratives established under sections 245.491 to 245.496, or 76.16 a collaborative established by the merger of a children's mental 76.17 health collaborative and a family services collaborative, other 76.18 political subdivision, or community action agency. 76.19 Sec. 32. [APPROPRIATIONS.] 76.20 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 76.21 LEARNING.] The sums indicated in this section are appropriated 76.22 from the general fund to the department of children, families, 76.23 and learning for the fiscal years designated. 76.24 Subd. 2. [LEARNING READINESS PROGRAM REVENUE.] For revenue 76.25 for learning readiness programs according to Minnesota Statutes, 76.26 sections 124D.15 and 124D.16: 76.27 $10,395,000 ..... 2000 76.28 $10,395,000 ..... 2001 76.29 The 2000 appropriation includes $1,040,000 for 1999 and 76.30 $9,355,000 for 2000. 76.31 The 2001 appropriation includes $1,040,000 for 2000 and 76.32 $9,355,000 for 2001. 76.33 Any balance in the first year does not cancel but is 76.34 available in the second year. 76.35 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 76.36 childhood family education aid according to Minnesota Statutes, 77.1 section 124D.135: 77.2 $17,991,000 ..... 2000 77.3 $19,240,000 ..... 2001 77.4 The 2000 appropriation includes $1,390,000 for 1999 and 77.5 $16,601,000 for 2000. 77.6 The 2001 appropriation includes $1,844,000 for 2000 and 77.7 $17,396,000 for 2001. 77.8 Any balance in the first year does not cancel but is 77.9 available in the second year. 77.10 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 77.11 health and developmental screening aid according to Minnesota 77.12 Statutes, sections 121A.17 and 121A.19: 77.13 $3,050,000 ..... 2000 77.14 $3,050,000 ..... 2001 77.15 The 2000 appropriation includes $155,000 for 1999 and 77.16 $2,895,000 for 2000. 77.17 The 2001 appropriation includes $305,000 for 2000 and 77.18 $2,745,000 for 2001. 77.19 Any balance in the first year does not cancel but is 77.20 available in the second year. 77.21 Subd. 5. [WAY TO GROW.] For grants for existing way to 77.22 grow programs according to Minnesota Statutes, section 124D.17: 77.23 $475,000 ..... 2000 77.24 $475,000 ..... 2001 77.25 Any balance in the first year does not cancel but is 77.26 available in the second year. 77.27 Subd. 6. [HEAD START PROGRAM.] For Head Start programs 77.28 according to Minnesota Statutes, section 119A.52: 77.29 $18,375,000 ..... 2000 77.30 $18,375,000 ..... 2001 77.31 Any balance in the first year does not cancel but is 77.32 available in the second year. 77.33 Subd. 7. [EXTENDED DAY AID.] For extended day aid 77.34 according to Minnesota Statutes, section 124D.22: 77.35 $274,000 ..... 2000 77.36 $216,000 ..... 2001 78.1 The 2000 appropriation includes $30,000 for 1999 and 78.2 $244,000 for 2000. 78.3 The 2001 appropriation includes $27,000 for 2000 and 78.4 $189,000 for 2001. 78.5 Any balance in the first year does not cancel but is 78.6 available in the second year. 78.7 Subd. 8. [BASIC SLIDING FEE CHILD CARE.] For child care 78.8 assistance according to Minnesota Statutes, section 119B.03: 78.9 $20,751,000 ..... 2000 78.10 $20,751,000 ..... 2001 78.11 Any balance in the first year does not cancel but is 78.12 available the second year. 78.13 Subd. 9. [MFIP CHILD CARE.] For child care assistance 78.14 according to Minnesota Statutes, section 119B.05: 78.15 $91,709,000 ..... 2000 78.16 $93,512,000 ..... 2001 78.17 Any balance in the first year does not cancel but is 78.18 available in the second year. 78.19 Subd. 10. [CHILD CARE DEVELOPMENT.] For child care 78.20 development grants according to Minnesota Statutes, section 78.21 119B.21: 78.22 $1,865,000 ..... 2000 78.23 $1,865,000 ..... 2001 78.24 Any balance in the first year does not cancel but is 78.25 available in the second year. 78.26 Sec. 33. [FEDERAL TANF TRANSFERS.] 78.27 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, and 78.28 LEARNING.] The sums indicated in this section are transferred 78.29 from the federal TANF fund to the child care and development 78.30 fund and appropriated to the department of children, families, 78.31 and learning for the fiscal years designated. 78.32 Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care 78.33 assistance according to Minnesota Statutes, section 119B.03: 78.34 $30,000,000 ..... 2000 78.35 $30,000,000 ..... 2001 78.36 Sec. 34. [REPEALER.] 79.1 Minnesota Statutes 1998, sections 119B.01, subdivision 12a; 79.2 119B.03, subdivision 7; 119B.05, subdivision 6; 119B.075; 79.3 119B.17; and 124D.14, are repealed. 79.4 ARTICLE 10 79.5 COMMUNITY AND SYSTEMS CHANGE 79.6 Section 1. [APPROPRIATIONS.] 79.7 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 79.8 LEARNING.] The sums indicated in this section are appropriated 79.9 from the general fund to the department of children, families, 79.10 and learning for the fiscal years designated. 79.11 Subd. 2. [FAMILY COLLABORATIVES.] For family 79.12 collaboratives according to Laws 1995, First Special Session 79.13 chapter 3, article 4, section 29, subdivision 10: 79.14 $6,825,000 ..... 2000 79.15 $6,825,000 ..... 2001 79.16 No new family services collaboratives shall be funded with 79.17 this appropriation after June 30, 1999. 79.18 Any balance in the first year does not cancel but is 79.19 available in the second year. 79.20 Subd. 3. [COMMUNITY EDUCATION AID.] For community 79.21 education aid according to Minnesota Statutes, section 124D.20: 79.22 $14,136,000 ..... 2000 79.23 $14,696,000 ..... 2001 79.24 The 2000 appropriation includes $161,000 for 1999 and 79.25 $13,975,000 for 2000. 79.26 The 2001 appropriation includes $1,552,000 for 2000 and 79.27 $13,144,000 for 2001. 79.28 Any balance the first year does not cancel but is available 79.29 in the second year. 79.30 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For 79.31 adults with disabilities programs according to Minnesota 79.32 Statutes, section 124D.56: 79.33 $670,000 ..... 2000 79.34 $670,000 ..... 2001 79.35 Any balance in the first year does not cancel but is 79.36 available in the second year. 80.1 Subd. 5. [HEARING-IMPAIRED ADULTS.] For programs for 80.2 hearing-impaired adults according to Minnesota Statutes, section 80.3 124D.57: 80.4 $70,000 ..... 2000 80.5 $70,000 ..... 2001 80.6 Any balance in the first year does not cancel but is 80.7 available in the second year. 80.8 ARTICLE 11 80.9 PREVENTION AND INTERVENTION 80.10 Section 1. [APPROPRIATIONS.] 80.11 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 80.12 LEARNING.] The sums indicated in this section are appropriated 80.13 from the general fund to the department of children, families, 80.14 and learning for the fiscal years designated. 80.15 Subd. 2. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 80.16 violence prevention education grants according to Minnesota 80.17 Statutes, section 120B.23: 80.18 $1,450,000 ..... 2000 80.19 $1,450,000 ..... 2001 80.20 Any balance in the first year does not cancel but is 80.21 available in the second year. 80.22 Subd. 3. [ABUSED CHILDREN.] For abused children programs 80.23 according to Minnesota Statutes, section 119A.21: 80.24 $945,000 ..... 2000 80.25 $945,000 ..... 2001 80.26 Any balance in the first year does not cancel but is 80.27 available in the second year. 80.28 Subd. 4. [CHILDREN'S TRUST FUND.] For children's trust 80.29 fund according to Minnesota Statutes, sections 119A.12 and 80.30 119A.13: 80.31 $225,000 ..... 2000 80.32 $225,000 ..... 2001 80.33 Any balance in the first year does not cancel but is 80.34 available in the second year. 80.35 Subd. 5. [AFTER SCHOOL ENRICHMENT GRANTS.] For after 80.36 school enrichment grants according to Laws 1996, chapter 412, 81.1 article 4, section 30: 81.2 $5,760,000 ..... 2000 81.3 $5,760,000 ..... 2001 81.4 Of this amount, $200,000 each year is for programs that 81.5 make state armories available to communities for youth 81.6 recreational and enrichment activities. 81.7 Any balance in the first year does not cancel but is 81.8 available in the second year. 81.9 Subd. 6. [ALCOHOL-IMPAIRED DRIVER.] (a) For grants with 81.10 funds received under Minnesota Statutes, section 171.29, 81.11 subdivision 2, paragraph (b), clause (4): 81.12 $200,000 ..... 2000 81.13 $200,000 ..... 2001 81.14 (b) These appropriations are from the alcohol-impaired 81.15 driver account of the special revenue fund to the department of 81.16 children, families, and learning for chemical abuse prevention 81.17 grants. 81.18 Sec. 2. [REPEALER.] 81.19 Minnesota Statutes 1998, section 124D.22, is repealed. 81.20 ARTICLE 12 81.21 SELF-SUFFICIENCY AND LIFELONG LEARNING 81.22 Section 1. Minnesota Statutes 1998, section 16B.405, 81.23 subdivision 2, is amended to read: 81.24 Subd. 2. [SOFTWARE SALE FUND.] (a) Except as provided in 81.25 paragraph (b), proceeds of the sale or licensing of software 81.26 products or services by the commissioner must be credited to the 81.27 intertechnologies revolving fund. If a state agency other than 81.28 the department of administration has contributed to the 81.29 development of software sold or licensed under this section, the 81.30 commissioner may reimburse the agency by discounting computer 81.31 services provided to that agency. 81.32 (b) Proceeds of the sale or licensing of software products 81.33 or services developed by the pollution control agency, or custom 81.34 developed by a vendor for the agency, must be credited to the 81.35 environmental fund. 81.36 (c) Proceeds of the sale or licensing of software products 82.1 or services developed by the department of children, families, 82.2 and learning, or custom developed by a vendor for the agency, to 82.3 support the achieved savings assessment program, must be 82.4 credited to the weatherization program to support weatherization 82.5 activities. 82.6 Sec. 2. Minnesota Statutes 1998, section 124D.53, 82.7 subdivision 3, is amended to read: 82.8 Subd. 3. [AID.] Adult basic education aid for each 82.9 approved program equals65 percent of the general education82.10formula allowance$2,295 for fiscal year 2000 and $2,338 for 82.11 fiscal year 2001 and later fiscal years times the number of 82.12 full-time equivalent students in its adult basic education 82.13 program. 82.14 Sec. 3. Minnesota Statutes 1998, section 124D.54, 82.15 subdivision 1, is amended to read: 82.16 Subdivision 1. [AID ELIGIBILITY.]For fiscal years 199882.17and later,Adult high school graduation aid for eligible pupils 82.18 age 21 or over,equals65 percent of the general education82.19formula allowance$2,295 for fiscal year 2000 and $2,338 for 82.20 fiscal year 2001 and later fiscal years times 1.30 times the 82.21 average daily membership under section 126C.05, subdivision 12. 82.22 Adult high school graduation aid must be paid in addition to any 82.23 other aid to the district. Pupils age 21 or over may not be 82.24 counted by the district for any purpose other than adult high 82.25 school graduation aid. 82.26 Sec. 4. [APPROPRIATIONS.] 82.27 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 82.28 LEARNING.] The sums indicated in this section are appropriated 82.29 from the general fund to the department of children, families, 82.30 and learning for the fiscal years designated. 82.31 Subd. 2. [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 82.32 Minnesota economic opportunity grants: 82.33 $8,514,000 ..... 2000 82.34 $8,514,000 ..... 2001 82.35 Any balance in the first year does not cancel but is 82.36 available in the second year. 83.1 Subd. 3. [TRANSITIONAL HOUSING PROGRAMS.] For transitional 83.2 housing programs according to Minnesota Statutes, section 83.3 119A.43: 83.4 $1,642,000 ..... 2000 83.5 $1,642,000 ..... 2001 83.6 Any balance in the first year does not cancel but is 83.7 available in the second year. 83.8 Subd. 4. [FOOD BANK PROGRAM.] For foodshelf programs 83.9 according to Minnesota Statutes, section 119A.44: 83.10 $1,228,000 ..... 2000 83.11 $1,228,000 ..... 2001 83.12 Any balance in the first year does not cancel but is 83.13 available in the second year. 83.14 Subd. 5. [ADULT BASIC EDUCATION AID.] For adult basic 83.15 education aid according to Minnesota Statutes, section 124D.52 83.16 in fiscal year 2000 and Minnesota Statutes, section 124D.53 in 83.17 fiscal year 2001: 83.18 $19,104,000 ..... 2000 83.19 $22,545,000 ..... 2001 83.20 The 2000 appropriation includes $1,227,000 for 1999 and 83.21 $17,877,000 for 2000. 83.22 The 2001 appropriation includes $1,986,000 for 2000 and 83.23 $20,559,000 for 2001. 83.24 Subd. 6. [ADULT GRADUATION AID.] For adult graduation aid 83.25 according to Minnesota Statutes, section 124D.54: 83.26 $4,264,000 ..... 2000 83.27 $4,852,000 ..... 2001 83.28 The 2000 appropriation includes $258,000 for 1999 and 83.29 $4,006,000 for 2000. 83.30 The 2001 appropriation includes $445,000 for 2000 and 83.31 $4,407,000 for 2001. 83.32 Subd. 7. [GED TESTS.] For payment of 60 percent of the 83.33 costs of GED tests according to Laws 1993, chapter 224, article 83.34 4, section 44, subdivision 10: 83.35 $125,000 ..... 2000 83.36 $125,000 ..... 2001 84.1 Any balance in the first year does not cancel but is 84.2 available in the second year. 84.3 Sec. 5. [REPEALER.] 84.4 Minnesota Statutes 1998, section 119A.46, is repealed. 84.5 ARTICLE 13 84.6 STATE AGENCIES 84.7 Section 1. Minnesota Statutes 1998, section 119A.01, is 84.8 amended to read: 84.9 119A.01 [ABOLISHMENT; ESTABLISHMENT; PURPOSE; AND GOALS.] 84.10 Subdivision 1. [ABOLISHMENT.] The position of commissioner 84.11 of education and the department of education are abolished. The 84.12 employees of the department of education are transferred to the 84.13 department of education, children, and families, and learning84.14 under section 15.039, subdivision 7. 84.15 Subd. 2. [ESTABLISHMENT.] The department of education, 84.16 children, and families, and learningis established. 84.17 Subd. 3. [PURPOSE.] The purposein creatingof the 84.18 department is to increase the capacity of Minnesota communities 84.19 to measurably improve the well-being of children and families by: 84.20 (1) adopting goals for and exercising general supervision 84.21 over a general and uniform system of public education as 84.22 provided in the Minnesota Constitution, article XIII, section 1, 84.23 and according to the provisions of chapters 120A to 129C and 84.24 other related education provisions under law; 84.25 (2) coordinating and integrating state funded and locally 84.26 administered family and children programs; 84.27(2)(3) improving flexibility in the design, funding, and 84.28 delivery of programs affecting children and families; 84.29(3)(4) providing greater focus on strategies designed to 84.30 prevent problems affecting the well-being of children and 84.31 families; 84.32(4)(5) enhancing local decision making, collaboration, and 84.33 the development of new governance models; 84.34(5)(6) improving public accountability through the 84.35 provision of research, information, and the development of 84.36 measurable program outcomes; 85.1(6)(7) increasing the capacity of communities to respond 85.2 to the whole child by improving the ability of families to gain 85.3 access to services; 85.4(7)(8) encouraging all members of a community to nurture 85.5 all the children in the community; 85.6(8)(9) supporting parents in their dual roles as 85.7 breadwinners and parents; and 85.8(9)(10) reducing the condition of poverty for families and 85.9 children through comprehensive, community-based strategies. 85.10 Sec. 2. [TRANSFER OF PROGRAMS.] 85.11 The powers and duties of the department of children, 85.12 families, and learning with respect to drug policy and violence 85.13 prevention under Minnesota Statutes 1998, sections 119A.25, 85.14 119A.26, 119A.27, 119A.28, 119A.29, 119A.31, 119A.32, 119A.33, 85.15 and 119A.34, are transferred to the department of public safety 85.16 under Minnesota Statutes, section 15.039. 85.17 Sec. 3. [EXEMPTION TO LABOR DAY SCHOOL START RESTRICTION.] 85.18 Notwithstanding Minnesota Statutes, section 120A.40, 85.19 subdivision 1, the Lola and Rudy Perpich Minnesota Center for 85.20 Arts Education may begin the 1999-2000 and 2000-2001 school 85.21 years any day prior to Labor Day. 85.22 Sec. 4. [APPROPRIATIONS; DEPARTMENT OF CHILDREN, FAMILIES, 85.23 AND LEARNING.] 85.24 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 85.25 LEARNING.] The sums indicated in this section are appropriated 85.26 from the general fund to the department of children, families, 85.27 and learning for the fiscal years designated. 85.28 Subd. 2. [DEPARTMENT.] For the department of children, 85.29 families, and learning: 85.30 $33,267,000 ..... 2000 85.31 $30,867,000 ..... 2001 85.32 (a) Any balance in the first year does not cancel but is 85.33 available in the second year. 85.34 (b) $21,000 each year is from the trunk highway fund. 85.35 (c) $634,000 in 2000 and $642,000 in 2001 is for the 85.36 academic excellence foundation. 86.1 (d) $165,000 in 2000 is for the state board of education. 86.2 (e) $687,000 in 2000 and $692,000 in 2001 is for the board 86.3 of teaching. 86.4 (f) The expenditures of federal grants and aids as shown in 86.5 the biennial budget document and its supplements are approved 86.6 and appropriated and shall be spent as indicated. 86.7 (g) At least $50,000 is to ensure compliance with state and 86.8 federal laws prohibiting discrimination because of race, 86.9 religion, or sex. The department shall use the appropriation to 86.10 provide state-level leadership on equal education opportunities 86.11 which promote elimination of discriminatory practices in the 86.12 areas of race, religion, and sex in public schools and public 86.13 educational agencies under its general supervision and on 86.14 activities including, at least, compliance monitoring and 86.15 voluntary compliance when local school district deficiencies are 86.16 found. 86.17 (h) Notwithstanding Minnesota Statutes, section 15.53, 86.18 subdivision 2, the commissioner of children, families, and 86.19 learning may contract with a school district for a period no 86.20 longer than five consecutive years to work in the development or 86.21 implementation of the graduation rule. The commissioner may 86.22 contract for services and expertise as necessary. The contracts 86.23 are not subject to Minnesota Statutes, sections 16B.06 to 16B.08. 86.24 (i) $2,000,000 in 2000 is for litigation costs and may only 86.25 be used for those purposes. These appropriations are one-time 86.26 only. 86.27 (j) The department must provide a written update of their 86.28 strategic plan for technology to the department of finance and 86.29 the office of technology by April 1, 2000. 86.30 Sec. 5. [APPROPRIATIONS; LOLA AND RUDY PERPICH MINNESOTA 86.31 CENTER FOR ARTS EDUCATION.] 86.32 The sums indicated in this section are appropriated from 86.33 the general fund to the center for arts education for the fiscal 86.34 years designated: 86.35 $7,189,000 ..... 2000 86.36 $7,350,000 ..... 2001 87.1 Of each year's appropriation, $154,000 is to fund artist 87.2 and arts organization participation in the education residency 87.3 and education technology projects, $75,000 is for school support 87.4 for the residency project, $121,000 is for further development 87.5 of the partners: arts and school for students (PASS) program, 87.6 including pilots, and $220,000 is to fund the center for arts 87.7 education base for asset preservation and facility repair. The 87.8 guidelines for the education residency project and the pass 87.9 program shall be developed and defined by the center for arts 87.10 education in cooperation with the Minnesota arts board. The 87.11 Minnesota arts board shall participate in the review and 87.12 allocation process. The center for arts education and the 87.13 Minnesota arts board shall cooperate to fund these projects. 87.14 Any balance in the first year does not cancel but is 87.15 available in the second year. 87.16 Sec. 6. [APPROPRIATIONS; FARIBAULT ACADEMIES.] 87.17 The sums indicated in this section are appropriated from 87.18 the general fund to the Faribault academies for the deaf and the 87.19 blind for the fiscal years designated: 87.20 $10,110,000 ..... 2000 87.21 $10,329,000 ..... 2001 87.22 Any balance in the first year does not cancel but is 87.23 available in the second year. 87.24 Of this appropriation, $75,000 in each fiscal year is 87.25 appropriated in the department base for asset preservation and 87.26 facility repair. 87.27 Sec. 7. [REVISOR INSTRUCTION.] 87.28 (a) In the next and subsequent editions of Minnesota 87.29 Statutes and Minnesota Rules, all references to the commissioner 87.30 of children, families, and learning shall be changed to the 87.31 commissioner of education, children, and families and all 87.32 references to the department of children, families, and learning 87.33 shall be changed to the department of education, children, and 87.34 families. 87.35 (b) In the next and subsequent editions of Minnesota 87.36 Statutes the revisor shall renumber each section in column A 88.1 with the corresponding number in column B. The revisor shall 88.2 correct all cross-references to be consistent with the 88.3 renumbering. 88.4 Column A Column B 88.5 119A.25 299A.291 88.6 119A.26 299A.292 88.7 119A.27 299A.293 88.8 119A.28 299A.294 88.9 119A.29 299A.295 88.10 119A.31 299A.296 88.11 119A.32 299A.297 88.12 119A.33 299A.298 88.13 119A.34 299A.299 88.14 Sec. 8. [REPEALER.] 88.15 Minnesota Statutes 1998, section 119A.04, subdivision 5, is 88.16 repealed.