as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; amending and repealing unneeded 1.3 and obsolete education provisions; amending Minnesota 1.4 Statutes 2000, sections 120B.11, subdivision 5; 1.5 121A.15, as amended; 121A.55; 122A.09, subdivision 6; 1.6 122A.15; 122A.22; 122A.40, subdivisions 5, 8; 122A.58, 1.7 subdivision 1; 122A.60, subdivision 1; 122A.68, 1.8 subdivisions 1, 7; 122A.69; 122A.70, subdivision 2; 1.9 122A.91; 122A.92; 123A.06, subdivision 1; 123B.02, 1.10 subdivision 1; 123B.04, subdivision 5; 123B.147; 1.11 123B.43; 123B.49, subdivision 1; 123B.51, subdivisions 1.12 1, 5; 123B.83, subdivision 1; 123B.90, subdivision 2; 1.13 124D.02, subdivision 1; 124D.09, subdivisions 5, 6; 1.14 124D.10, subdivisions 1, 6; 124D.115, subdivision 3; 1.15 124D.118, subdivisions 2, 3; 124D.37; 124D.40, 1.16 subdivision 2; 124D.41; 124D.42, subdivision 7; 1.17 124D.46, subdivision 1; 124D.47, subdivision 2; 1.18 124D.50, subdivisions 2, 3; 124D.65, subdivision 6; 1.19 124D.892, as amended; 124D.94, subdivision 4; 125B.05, 1.20 subdivisions 1, 2; 127A.05, subdivision 3; 127A.06; 1.21 127A.41, subdivision 7; Minnesota Statutes 2001 1.22 Supplement, sections 123B.36, subdivision 1; 129C.10, 1.23 subdivision 3; repealing Minnesota Statutes 2000, 1.24 sections 121A.03, subdivision 3; 121A.16; 122A.19, 1.25 subdivision 2; 122A.32; 122A.40, subdivision 6; 1.26 122A.52; 122A.53; 122A.71; 122A.72; 122A.75; 123A.15, 1.27 subdivision 1; 123A.35; 123A.36; 123A.37; 123A.38; 1.28 123A.39, subdivisions 1, 2, 4; 123A.40; 123A.41, 1.29 subdivisions 1, 4; 123A.43; 123B.02, subdivisions 5, 1.30 9, 10, 13; 123B.15; 123B.16; 123B.17; 123B.18; 1.31 123B.19; 123B.744; 123B.93; 123B.95, subdivision 3; 1.32 124D.02, subdivision 4; 124D.06; 124D.081, subdivision 1.33 1; 124D.118, subdivision 1; 124D.124; 124D.47; 1.34 124D.91; 124D.92; 124D.93, subdivisions 2, 3, 6; 1.35 125B.02; 127A.41, subdivision 4; Minnesota Rules, 1.36 parts 3505.4300; 3520.0400; 3545.0600; 3545.0700; 1.37 3545.0800; 3545.0900; 3550.0100. 1.38 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.39 ARTICLE 1 1.40 CURRICULUM AND ASSESSMENT 1.41 Section 1. Minnesota Statutes 2000, section 120B.11, 2.1 subdivision 5, is amended to read: 2.2 Subd. 5. [REPORT.] (a) By October 1 of each year, the 2.3 school board shall use standard statewide reporting procedures 2.4 the commissioner develops and adopt a report that includes the 2.5 following: 2.6 (1) student performance goals for meeting state graduation 2.7 standards adopted for that year; 2.8 (2) results of local assessment data, and any additional 2.9 test data; 2.10 (3) the annual school district improvement plans; 2.11 (4) information about district and learning site progress 2.12 in realizing previously adopted improvement plans; and 2.13 (5) the amount and type of revenue attributed to each 2.14 education site as defined in section 123B.04. 2.15 (b) The school board shall publish the report in the local 2.16 newspaper with the largest circulation in the district or by 2.17 mail. The board shall make a copy of the report available to 2.18 the public for inspection. The board shall send a copy of the 2.19 report to the commissioner of children, families, and learning 2.20 by October 15 of each year. 2.21 (c) The title of the report shall contain the name and 2.22 number of the school district and read "Annual Report on 2.23 Curriculum, Instruction, and Student Performance."The report2.24must include at least the following information about advisory2.25committee membership:2.26(1) the name of each committee member and the date when2.27that member's term expires;2.28(2) the method and criteria the school board uses to select2.29committee members; and2.30(3) the date by which a community resident must apply to2.31next serve on the committee.2.32 ARTICLE 2 2.33 STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR 2.34 Section 1. Minnesota Statutes 2000, section 121A.15, as 2.35 amended by Laws 2001, chapter 9, article 1, sections 24, 25, and 2.36 62, is amended to read: 3.1 121A.15 [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.] 3.2 Subdivision 1. Except as provided in subdivisions 3, 4, 3.3 and 10, no person over two months old may be allowed to enroll 3.4 or remain enrolled in any elementary or secondary school or 3.5 child care facility in this state until the person has submitted 3.6 to the administratoror other person having general control and3.7supervision of the school or child care facility,one of the 3.8 following statements: 3.9 (1) a statement froma physician or a public clinic which3.10provides immunizationsan immunization provider stating that the 3.11 person has received immunization, consistent with medically 3.12 acceptable standards, against measles after having attained the 3.13 age of 12 months, rubella, diphtheria, tetanus, pertussis, 3.14 polio, mumps, haemophilus influenza type b, and hepatitis B; or 3.15 (2) a statement froma physician or a public clinic which3.16provides immunizationsan immunization provider stating that the 3.17 person has received immunizations, consistent with medically 3.18 acceptable standards, against measles after having attained the 3.19 age of 12 months, rubella, mumps, and haemophilus influenza type 3.20 b and that the person has commenced a schedule of immunizations 3.21 for diphtheria, tetanus, pertussis, polio, and hepatitis B and 3.22 which indicates the month and year of each immunization received. 3.23 Subd. 2. [SCHEDULE OF IMMUNIZATIONS.] No person who has 3.24 commenced a treatment schedule of immunization pursuant to 3.25 subdivision 1, clause (2), may remain enrolled in any child care 3.26 facility, elementary, or secondary school in this state after 18 3.27 months of enrollment unless there is submitted to the 3.28 administrator, or other person having general control and3.29supervision of the school or child care facility, a statement3.30from a physician or a public clinic which provides immunizations3.31 an immunization provider's statement that the person has 3.32 completed the primary schedule of immunizations for diphtheria, 3.33 tetanus, pertussis, polio, and hepatitis B. The statement must 3.34 include the month, day, and year of each additional immunization 3.35 received. For a child less than seven years of age, a primary 3.36 schedule of immunizations shall consist of four doses of vaccine 4.1 for diphtheria, tetanus, and pertussis and three doses of 4.2 vaccine for poliomyelitis and hepatitis B. For a child seven 4.3 years of age or older, a primary schedule of immunizations shall 4.4 consist of three doses of vaccine for diphtheria, tetanus, 4.5 polio, and hepatitis B, as specified in subdivision 10. 4.6 Subd. 3. [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 4.7 is at least seven years old and has not been immunized against 4.8 pertussis, the person must not be required to be immunized 4.9 against pertussis. 4.10 (b) If a person is at least 18 years old and has not 4.11 completed a series of immunizations against poliomyelitis, the 4.12 person must not be required to be immunized against 4.13 poliomyelitis. 4.14 (c) If a statement, signed by a physician, is submitted to 4.15 the administratoror other person having general control and4.16supervision of the school or child care facilitystating that an 4.17 immunization is contraindicated for medical reasons or that 4.18 laboratory confirmation of the presence of adequate immunity 4.19 exists, the immunization specified in the statement need not be 4.20 required. 4.21 (d) If a notarized statement signed by the minor child's 4.22 parent or guardian or by the emancipated person is submitted to 4.23 the administratoror other person having general control and4.24supervision of the school or child care facilitystating that 4.25 the person has not been immunized as prescribed in subdivision 1 4.26 because of the conscientiously held beliefs of the parent or 4.27 guardian of the minor child or of the emancipated person, the 4.28 immunizations specified in the statement shall not be required. 4.29 This statement must also be forwarded to the commissioner of the 4.30 department of health. 4.31 (e) If the person is under 15 months, the person is not 4.32 required to be immunized against measles, rubella, or mumps. 4.33 (f) If a person is at least five years old and has not been 4.34 immunized against haemophilus influenza type b, the person is 4.35 not required to be immunized against haemophilus influenza type 4.36 b. 5.1 Subd. 3a. [DISCLOSURES REQUIRED.] (a) This paragraph 5.2 applies to any written information about immunization 5.3 requirements for enrollment in a school or child care facility 5.4 that is provided: 5.5 (1)is providedto a person to be immunized or enrolling or 5.6 enrolled in a school or child care facility, or to the person's 5.7 parent or guardian if the person is under 18 years of age and 5.8 not emancipated; and 5.9 (2)is providedby the department of health; the department 5.10 of children, families, and learning; the department of human 5.11 services; an immunization provider; or a school or child care 5.12 facility. 5.13 Such written information must describe the exemptions from 5.14 immunizations permitted under subdivision 3, paragraphs (c) and 5.15 (d). The information on exemptions from immunizations provided 5.16 according to this paragraph must be in a font size at least 5.17 equal to the font size of the immunization requirements, in the 5.18 same font style as the immunization requirements, and on the 5.19 same page of the written document as the immunization 5.20 requirements. 5.21 (b) Before immunizing a person, an immunization provider 5.22 must provide the person, or the person's parent or guardian if 5.23 the person is under 18 years of age and not emancipated, with 5.24 the following information in writing: 5.25 (1) a list of the immunizations required for enrollment in 5.26 a school or child care facility; 5.27 (2) a description of the exemptions from immunizations 5.28 permitted under subdivision 3, paragraphs (c) and (d); 5.29 (3) a list of additional immunizations currently 5.30 recommended by the commissioner; and 5.31 (4) in accordance with federal law, a copy of the vaccine 5.32 information sheet from the federal Department of Health and 5.33 Human Services that lists possible adverse reactions to the 5.34 immunization to be provided. 5.35 Subd. 4. [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 5.36 who is enrolling or enrolled in an elementary or secondary 6.1 school or child care facility may substitute a statement from 6.2 the emancipated person or a parent or guardian if the person is 6.3 a minor child in lieu of the statement froma physician or6.4public clinic which provides immunizationsan immunization 6.5 provider. If the statement is from a parent or guardian or 6.6 emancipated person, the statement must indicate the month and 6.7 year of each immunization given. 6.8 (b) In order for the statement to be acceptable for a 6.9 person who is enrolling in an elementary school and who is six 6.10 years of age or younger, it must indicate that the following was 6.11 given: no less than one dose of vaccine each for measles, 6.12 mumps, and rubellagiven separately or in combination; no less 6.13 than four doses of vaccine for poliomyelitis, unless the third 6.14 dose was given after the fourth birthday, then three doses are 6.15 minimum; no less than five doses of vaccine for diphtheria, 6.16 tetanus, and pertussis, unless the fourth dose was given after 6.17 the fourth birthday, then four doses are minimum; and no less 6.18 than three doses of vaccine for hepatitis B as specified in 6.19 subdivision 10. 6.20 (c) In order for the statement to be consistent with 6.21 subdivision 10 and acceptable for a person who is enrolling in 6.22 an elementary or secondary school and is age seven through age 6.23 19, the statement must indicate that the person has received no 6.24 less than one dose of vaccine each for measles, mumps, and 6.25 rubellagiven separately or in combination, and no less than 6.26 three doses of vaccine for poliomyelitis, diphtheria, tetanus, 6.27 and hepatitis B. 6.28 (d) In order for the statement to be acceptable for a 6.29 person who is enrolling in a secondary school, and who was born 6.30 after 1956 and is 20 years of age or older, the statement must 6.31 indicate that the person has received no less than one dose of 6.32 vaccine each for measles, mumps, and rubellagiven separately or6.33in combination, and no less than one dose of vaccine for 6.34 diphtheria and tetanus within the preceding ten years. 6.35 (e) In order for the statement to be acceptable for a 6.36 person who is enrolling in a child care facility and who is at 7.1 least 15 months old but who has not reached five years of age, 7.2 it must indicate that the following were given: no less than 7.3 one dose of vaccine each for measles, mumps, and rubellagiven7.4separately or in combination; no less than one dose of vaccine 7.5 for haemophilus influenza type b; no less than four doses of 7.6 vaccine for diphtheria, tetanus, and pertussis; and no less than 7.7 three doses of vaccine for poliomyelitis. 7.8 (f) In order for the statement to be acceptable for a 7.9 person who is enrolling in a child care facility and who is five 7.10 or six years of age, it must indicate that the following was 7.11 given: no less than one dose of vaccine each for measles, 7.12 mumps, and rubellagiven separately or in combination; no less 7.13 than four doses of vaccine for diphtheria, tetanus, and 7.14 pertussis; and no less than three doses of vaccine for 7.15 poliomyelitis. 7.16 (g) In order for the statement to be acceptable for a 7.17 person who is enrolling in a child care facility and who is 7.18 seven years of age or older, the statement must indicate that 7.19 the person has received no less than one dose of vaccine each 7.20 for measles, mumps, and rubellagiven separately or in7.21combination, and consistent with subdivision 10, and no less 7.22 than three doses of vaccine for poliomyelitis, diphtheria, and 7.23 tetanus. 7.24 (h) The commissioner of health, on finding that any of the 7.25 above requirements are not necessary to protect the public's 7.26 health, may suspend for one year that requirement. 7.27 Subd. 5. [TRANSFER OF IMMUNIZATION STATEMENTS.] If a 7.28 person transfers from one elementary or secondary school to 7.29 another, the school board of a public school district or the 7.30 administrator of a nonpublic school may allow the person up to a 7.31 maximum of 30 days to submit one or more of the statements as 7.32 specified in subdivision 1 or 3, during which time the person 7.33 may enroll in and attend the school. If a person enrolls in a 7.34 child care facility in which at least 75 percent of children in 7.35 the facility participate on a one-time only or occasional basis 7.36 to a maximum of 45 hours per child, per month, or is placed in a 8.1 facility by a crisis nursery, the person shall be exempt from 8.2 all requirements of this section for up to five consecutive 8.3 days, starting from the first day of attendance. 8.4 Subd. 7. [FILE ON IMMUNIZATION RECORDS.] Each school or 8.5 child care facility shall maintain on file immunization records 8.6 for all persons in attendance that contain the information 8.7 required by subdivisions 1, 2, and 3. The school shall maintain 8.8 the records for at least five years after the person attains the 8.9 age of majority. The department of health and the board of 8.10 health, as defined in section 145A.02, subdivision 2, in whose 8.11 jurisdiction the school or child care facility is located, shall 8.12 have access to the files maintained pursuant to this 8.13 subdivision. When a person transfers to another elementary or 8.14 secondary school or child care facility, the administratoror8.15other person having general control and supervision of the8.16school or child care facilityshall assist the person's parent 8.17 or guardian in the transfer of the immunization file to the 8.18 person's new school or child care facility within 30 days of the 8.19 transfer. Upon the request of a public or private 8.20 post-secondary educational institution, as defined in section 8.21 135A.14, the administratoror other person having general8.22control or supervision of a schoolshall assist in the transfer 8.23 of a student's immunization file to the post-secondary 8.24 institution. 8.25 Subd. 8. [REPORT.] The administratoror other person8.26having general control and supervisionof the elementary or 8.27 secondary school shall file a report with the commissioner on 8.28 all persons enrolled in the school. The superintendent of each 8.29 district shall file a report with the commissioner for all 8.30 persons within the district receiving instruction in a home 8.31 school in compliance with sections 120A.22 and 120A.24. The 8.32 parent of persons receiving instruction in a home school shall 8.33 submit the statements as required by subdivisions 1, 2, 3, and 4 8.34 to the superintendent of the district in which the person 8.35 resides by October 1 of each school year. The school report 8.36 must be prepared on forms developed jointly by the commissioner 9.1 of health and the commissioner of children, families, and 9.2 learning and be distributed to the local districts by the 9.3 commissioner of health. The school report must state the number 9.4 of persons attending the school, the number of persons who have 9.5 not been immunized according to subdivision 1 or 2, and the 9.6 number of persons who received an exemption under subdivision 3, 9.7 clause (c) or (d). The school report must be filed with the 9.8 commissioner of children, families, and learning within 60 days 9.9 of the commencement of each new school term. Upon request, a 9.10 district must be given a 60-day extension for filing the school 9.11 report. The commissioner of children, families, and learning 9.12 shall forward the report, or a copy thereof, to the commissioner 9.13 of health who shall provide summary reports to boards of health 9.14 as defined in section 145A.02, subdivision 2. The administrator 9.15or other person having general control and supervisionof the 9.16 child care facility shall file a report with the commissioner of 9.17 human services on all persons enrolled in the child care 9.18 facility. The child care facility report must be prepared on 9.19 forms developed jointly by the commissioner of health and the 9.20 commissioner of human services and be distributed to child care 9.21 facilities by the commissioner of health. The child care 9.22 facility report must state the number of persons enrolled in the 9.23 facility, the number of persons with no immunizations, the 9.24 number of persons who received an exemption under subdivision 3, 9.25 clause (c) or (d), and the number of persons with partial or 9.26 full immunization histories. The child care facility report 9.27 must be filed with the commissioner of human services by 9.28 November 1 of each year. The commissioner of human services 9.29 shall forward the report, or a copy thereof, to the commissioner 9.30 of health who shall provide summary reports to boards of health 9.31 as defined in section 145A.02, subdivision 2. The report 9.32 required by this subdivision is not required of a family child 9.33 care or group family child care facility, for prekindergarten 9.34 children enrolled in any elementary or secondary school provided 9.35 services according to sections 125A.05 and 125A.06, nor for 9.36 child care facilities in which at least 75 percent of children 10.1 in the facility participate on a one-time only or occasional 10.2 basis to a maximum of 45 hours per child, per month. 10.3 Subd. 9. [DEFINITIONS.] As used in this section the 10.4 following terms have the meanings given them. 10.5 (a) "Elementary or secondary school" includes any public 10.6 school as defined in section 120A.05, subdivisions 9, 11, 13, 10.7 and 17, or nonpublic school, church, or religious organization, 10.8 or home school in which a child is provided instruction in 10.9 compliance with sections 120A.22 and 120A.24. 10.10 (b) "Person enrolled in any elementary or secondary school" 10.11 means a personborn after 1956 andenrolled ingrades10.12 kindergarten through grade 12, and a child with a disability 10.13 receiving special instruction and services as required 10.14 insectionssection 125A.03to 125A.24 and 125A.65, excluding a 10.15 child being provided services according to section 125A.05, 10.16 paragraph(c), or 125A.06, paragraph (d)(a), clause (3) or (7). 10.17 (c) "Child care facility" includes those child care 10.18 programs subject to licensure under chapter 245A, and Minnesota 10.19 Rules, chapters 9502 and 9503. 10.20 (d) "Family child care" means child care for no more than 10.21 ten children at one time of which no more than six are under 10.22 school age. The licensed capacity must include all children of 10.23 any caregiver when the children are present in the residence. 10.24 (e) "Group family child care" means child care for no more 10.25 than 14 children at any one time. The total number of children 10.26 includes all children of any caregiver when the children are 10.27 present in the residence. 10.28 (f) "Administrator" means any person having general control 10.29 and supervision of a school or child care facility. 10.30 (g) "Immunization provider" means any physician, health 10.31 care provider, or public clinic that provides immunizations. 10.32 Subd. 10. [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] A 10.33 statement required to be submitted under subdivisions 1, 2, and 10.34 4 to document evidence of immunization shall include month, day, 10.35 and year for immunizations administered after January 1, 1990. 10.36 (a)For persons enrolled in grades 7 and 12 during the11.11996-1997 school term, the statement must indicate that the11.2person has received a dose of tetanus and diphtheria toxoid no11.3earlier than 11 years of age.11.4(b) Except as specified in paragraph (e), for persons11.5enrolled in grades 7, 8, and 12 during the 1997-1998 school11.6term, the statement must indicate that the person has received a11.7dose of tetanus and diphtheria toxoid no earlier than 11 years11.8of age.11.9(c)Except as specified in paragraph(e)(c), for persons 11.10 enrolled in grades 7 through 12 during the 1998-1999 school term 11.11 and for each year thereafter, the statement must indicate that 11.12 the person has received a dose of tetanus and diphtheria toxoid 11.13 no earlier than 11 years of age. 11.14(d)(b) For persons enrolled in grades 7 through 12during11.15the 1996-1997 school year and for each year thereafter, the 11.16 statement must indicate that the person has received at least 11.17 two doses of vaccine against measles, mumps, and rubella, given11.18alone or separately andgiven not less than one month apart. 11.19(e)(c) A person who has received at least three doses of 11.20 tetanus and diphtheria toxoids, with the most recent dose given 11.21 after age six and before age 11, is not required to have 11.22 additional immunization against diphtheria and tetanus until ten 11.23 years have elapsed from the person's most recent dose of tetanus 11.24 and diphtheria toxoid. 11.25(f)(d) The requirement for hepatitis B vaccination shall 11.26 apply to persons enrolling in kindergarten beginning with the 11.27 2000-2001 school term. 11.28(g)(e) The requirement for hepatitis B vaccination shall 11.29 apply to persons enrolling in grade 7 beginning with the 11.30 2001-2002 school term. 11.31 Subd. 11. [COMMISSIONER OF HUMAN SERVICES; CONTINUED 11.32 RESPONSIBILITIES.] Nothing in this section relieves the 11.33 commissioner of human services of the responsibility, under 11.34 chapter 245A, to inspect and assure that statements required by 11.35 this section are on file at child care programs subject to 11.36 licensure. 12.1 Subd. 12. [MODIFICATIONS TO SCHEDULE.] (a) The 12.2 commissioner of health may adopt modifications to the 12.3 immunization requirements of this section. A proposed 12.4 modification made under this subdivision must be part of the 12.5 current immunization recommendations of each of the following 12.6 organizations: the United States Public Health Service's 12.7 Advisory Committee on Immunization Practices, the American 12.8 Academy of Family Physicians, and the American Academy of 12.9 Pediatrics. In proposing a modification to the immunization 12.10 schedule, the commissioner must: 12.11 (1) consult with the commissioner of children, families, 12.12 and learning; the commissioner of human services; the chancellor 12.13 of the Minnesota state colleges and universities; and the 12.14 president of the University of Minnesota; and 12.15 (2) consider the following criteria: the epidemiology of 12.16 the disease, the morbidity and mortality rates for the disease, 12.17 the safety and efficacy of the vaccine, the cost of a 12.18 vaccination program, the cost of enforcing vaccination 12.19 requirements, and a cost-benefit analysis of the vaccination. 12.20 (b) Before a proposed modification may be adopted, the 12.21 commissioner must notify the chairs of the house and senate 12.22 committees with jurisdiction over health policy issues. If the 12.23 chairs of the relevant standing committees determine a public 12.24 hearing regarding the proposed modifications is in order, the 12.25 hearing must be scheduled within 60 days of receiving notice 12.26 from the commissioner. If a hearing is scheduled, the 12.27 commissioner may not adopt any proposed modifications until 12.28 after the hearing is held. 12.29 (c) The commissioner shall comply with the requirements of 12.30 chapter 14 regarding the adoption of any proposed modifications 12.31 to the immunization schedule. 12.32 (d) In addition to the publication requirements of chapter 12.33 14, the commissioner of health must inform all immunization 12.34 providers of any adopted modifications to the immunization 12.35 schedule in a timely manner. 12.36 Sec. 2. Minnesota Statutes 2000, section 121A.55, is 13.1 amended to read: 13.2 121A.55 [POLICIES TO BE ESTABLISHED.] 13.3 (a) The commissioner of children, families, and learning 13.4 shall promulgate guidelines to assist each school board. Each 13.5 school board shall establish uniform criteria for dismissal and 13.6 adopt written policies and rules to effectuate the purposes of 13.7 sections 121A.40 to 121A.56. The policies shall emphasize 13.8 preventing dismissals through early detection of problems and 13.9 shall be designed to address students' inappropriate behavior 13.10 from recurring. The policies shall recognize the continuing 13.11 responsibility of the school for the education of the pupil 13.12 during the dismissal period. The alternative educational 13.13 services, if the pupil wishes to take advantage of them, must be 13.14 adequate to allow the pupil to make progress towards meeting the 13.15 graduation standards adopted under section 120B.02 and help 13.16 prepare the pupil for readmission. 13.17 (b) An area learning center under section 123A.05 may not 13.18 prohibit an expelled or excluded pupil from enrolling solely 13.19 because a district expelled or excluded the pupil. The board of 13.20 the area learning center may use the provisions of the Pupil 13.21 Fair Dismissal Act to exclude a pupil or to require an admission 13.22 plan. 13.23(c) The commissioner shall actively encourage and assist13.24school districts to cooperatively establish alternative13.25educational services within school buildings or at alternative13.26program sites that offer instruction to pupils who are dismissed13.27from school for willfully engaging in dangerous, disruptive, or13.28violent behavior, including for possessing a firearm in a school13.29zone.13.30 Sec. 3. [REPEALER.] 13.31 Minnesota Statutes 2000, sections 121A.03, subdivision 3; 13.32 and 121A.16, are repealed. 13.33 ARTICLE 3 13.34 TEACHERS AND OTHER EDUCATORS 13.35 Section 1. Minnesota Statutes 2000, section 122A.09, 13.36 subdivision 6, is amended to read: 14.1 Subd. 6. [REGISTER OF PERSONS LICENSED.] The executive 14.2 secretary of the board of teaching shall keep a record of the 14.3 proceedings of and a register of all persons licensed pursuant 14.4 to the provisions of this chapter.The register must show the14.5name, address, license number and the renewal of the license.14.6The board must on July 1, of each year or as soon thereafter as14.7is practicable, compile a list of such duly licensed teachers14.8and transmit a copy of the list to the board.A copy of the 14.9 register must be available during business hours at the office 14.10 of the board to any interested person. 14.11 Sec. 2. Minnesota Statutes 2000, section 122A.15, is 14.12 amended to read: 14.13 122A.15 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 14.14 DEFINITIONS, LICENSURE.] 14.15 Subdivision 1. [TEACHERS.] The term "teachers" for the 14.16 purpose of licensure, means all persons employed in a public 14.17 school or education district or by a service cooperative as 14.18 members of the instructional, supervisory, and support staff 14.19 including superintendents, principals, supervisors, secondary 14.20 vocational and other classroom teachers, librarians, counselors, 14.21 school psychologists, school nurses, school social workers, 14.22 audio-visual directors and coordinators, recreation personnel, 14.23 media generalists, media supervisors, andspeech14.24therapistseducational speech-language pathologists. 14.25 Subd. 2. [SUPERVISORY PERSONNEL.] "Supervisory personnel" 14.26 for the purpose of licensure means superintendents, principals, 14.27 and professional employees who devote 50 percent or more of 14.28 their time to administrative or supervisory duties over other 14.29 personnel, and includes athletic coaches. 14.30 Sec. 3. Minnesota Statutes 2000, section 122A.22, is 14.31 amended to read: 14.32 122A.22 [DISTRICT RECORDING OF TEACHER LICENSES.] 14.33 No person shall be accounted a qualified teacher until the 14.34 person has filed either a teaching license for record or a 14.35 certified copy of a teaching license with the district 14.36 superintendent where the person intends to teacha license, or15.1certified copy of a license, authorizing the person to teach15.2school in the district school system. 15.3 Sec. 4. Minnesota Statutes 2000, section 122A.40, 15.4 subdivision 5, is amended to read: 15.5 Subd. 5. [PROBATIONARY PERIOD.] (a) The first three 15.6 consecutive years of a teacher's first teaching experience in 15.7 Minnesota in a single district is deemed to be a probationary 15.8 period of employment, and after completion thereof, the 15.9 probationary period in each district in which the teacher is 15.10 thereafter employed shall be one year. The school board must 15.11 adopt a plan for written evaluation of teachers during the 15.12 probationary period. Evaluation must occur at least three times 15.13 each year for a teacher performing services on 120 or more 15.14 school days, at least two times each year for a teacher 15.15 performing services on 60 to 119 school days, and at least one 15.16 time each year for a teacher performing services on fewer than 15.17 60 school days. Days devoted to parent-teacher conferences, 15.18 teachers' workshops, and other staff development opportunities 15.19 and days on which a teacher is absent from school must not be 15.20 included in determining the number of school days on which a 15.21 teacher performs services. Except as otherwise provided in 15.22 paragraph (b), during the probationary period any annual 15.23 contract with any teacher may or may not be renewed as the 15.24 school board shall see fit.However,The board must give any 15.25suchprobationary teacher whose contract it declines to renew 15.26 for the following school year written notice to that effect 15.27 before July 1. If the teacher requests reasons for any 15.28 nonrenewal of a teaching contract, the board must give the 15.29 teacher its reason in writing, including a statement that 15.30 appropriate supervision was furnished describing the nature and 15.31 the extent of such supervision furnished the teacher during the 15.32 employment by the board, within ten days after receiving such 15.33 request. The school board may, after a hearing held upon due 15.34 notice, discharge a teacher during the probationary period for 15.35 cause, effective immediately, under section 122A.44. 15.36 (b) A board must discharge a probationary teacher, 16.1 effective immediately, upon receipt of notice under section 16.2 122A.20, subdivision 1, paragraph (b), that the teacher's 16.3 license has been revoked due to a conviction for child abuse or 16.4 sexual abuse. 16.5 Sec. 5. Minnesota Statutes 2000, section 122A.40, 16.6 subdivision 8, is amended to read: 16.7 Subd. 8. [PEER REVIEW FORCONTINUING CONTRACTTEACHERS.] A 16.8 school board and an exclusive representative of the teachers in 16.9 the district shall develop a peer review process for continuing 16.10 contract and probationary teachers through joint agreement. 16.11 Sec. 6. Minnesota Statutes 2000, section 122A.58, 16.12 subdivision 1, is amended to read: 16.13 Subdivision 1. [TERMINATION; HEARING.] Before a district 16.14 terminates during the interscholastic sports season the coaching 16.15 duties of an employee who isrequired to hold a license as an16.16athletic coach from the commissioner of children, families, and16.17learninga head varsity coach of an interscholastic sport at the 16.18 secondary school level, the district must notify the employee in 16.19 writing and state its reason for the proposed termination. 16.20 Within 14 days of receiving this notification, the employee may 16.21 request in writing a hearing on the termination before the 16.22 commissioner. If a hearing is requested, the commissioner must 16.23 hold a hearing within 25 days according to the hearing 16.24 procedures specified in section 122A.40, subdivision 14, and the 16.25 termination is final upon the order of the commissioner after 16.26 the hearing. 16.27 Sec. 7. Minnesota Statutes 2000, section 122A.60, 16.28 subdivision 1, is amended to read: 16.29 Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school 16.30 board must use the revenue authorized in section 122A.61 for 16.31 in-service education for programs under section 120B.22, 16.32subdivision 2,or for staff development plans under this 16.33 section. The board must establish an advisory staff development 16.34 committee to develop the plan, assist site professional 16.35 development teams in developing a site plan consistent with the 16.36 goals of the plan, and evaluate staff development efforts at the 17.1 site level. A majority of the advisory committee and the site 17.2 professional development team must be teachers representing 17.3 various grade levels, subject areas, and special education. The 17.4 advisory committee must also include nonteaching staff, parents, 17.5 and administrators. Districts must report staff development 17.6results andexpenditures to the commissioner in the form and 17.7 manner determined by the commissioner. The expenditure report 17.8 must include expenditures by the board for district level 17.9 activities and expenditures made by the staff. The report must 17.10 provide a breakdown of expenditures for (1) curriculum 17.11 development and programs, (2) in-service education, workshops, 17.12 and conferences, and (3) the cost of teachers or substitute 17.13 teachers for staff development purposes. Within each of these 17.14 categories, the report must also indicate whether the 17.15 expenditures were incurred at the district level or the school 17.16 site level, and whether the school site expenditures were made 17.17 possible by the grants to school sites that demonstrate 17.18 exemplary use of allocated staff development revenue. These 17.19 expenditures are to be reported using the UFARS system. The 17.20 commissioner shall report the staff development expenditure data 17.21 to the education committees of the legislature by February 15 17.22 each year. 17.23 Sec. 8. Minnesota Statutes 2000, section 122A.68, 17.24 subdivision 1, is amended to read: 17.25 Subdivision 1. [ESTABLISHMENT.] A school district with a 17.26 teaching residency plan approved by the board of teaching may 17.27 hire graduates of approved Minnesota teacher preparation 17.28 programs as teaching residents. A district shall employ each 17.29 resident for one school year. The district and the resident may 17.30 agree to extend the residency for one additional school year. A 17.31 school may employ no more than one teaching resident for every 17.32 eight full-time equivalent licensed teachers.No more than 60017.33eligible teachers may be employed as teacher residents in any17.34one school year.17.35 Sec. 9. Minnesota Statutes 2000, section 122A.68, 17.36 subdivision 7, is amended to read: 18.1 Subd. 7. [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] The 18.2 board of teaching mustdevelopmaintain for teachers of students 18.3 in prekindergarten through grade 12, model teaching residency 18.4 outcomes and assessments, and mentoring programs. 18.5 Sec. 10. Minnesota Statutes 2000, section 122A.69, is 18.6 amended to read: 18.7 122A.69 [PRACTICE ORSTUDENT TEACHERS.] 18.8 The board may, by agreements with teacher preparing 18.9 institutions, arrange for classroom experience in the district 18.10 forpractice orstudent teachers who have completed not less 18.11 than two years of an approved teacher education program.Such18.12practiceStudent teachers must be provided with appropriate 18.13 supervision by a fully qualified teacher under rules promulgated 18.14 by the board.PracticeStudent teachers are deemed employees of 18.15 the school district in which they are rendering services for 18.16 purposes of workers' compensation; liability insurance, if 18.17 provided for other district employees in accordance with section 18.18 123B.23; and legal counsel in accordance with the provisions of 18.19 section 123B.25. 18.20 Sec. 11. Minnesota Statutes 2000, section 122A.70, 18.21 subdivision 2, is amended to read: 18.22 Subd. 2. [APPLICATIONS.] The board of teaching must make 18.23 application forms available to sites interested in developing or 18.24 expanding a mentorship program. A school district, a group of 18.25 school districts, or a coalition of districts, teachers and 18.26 teacher education institutions may apply for a teacher 18.27 mentorship program grant. The board of teaching, in18.28consultation with the teacher mentoring task force,must approve 18.29 or disapprove the applications. To the extent possible, the 18.30 approved applications must reflect effective mentoring 18.31 components, include a variety of coalitions and be 18.32 geographically distributed throughout the state. The board of 18.33 teaching must encourage the selected sites to consider the use 18.34 of its assessment procedures. 18.35 Sec. 12. Minnesota Statutes 2000, section 122A.91, is 18.36 amended to read: 19.1 122A.91 [DESIGNATED STATE OFFICIAL.] 19.2 For the purposes of the agreement set forth in section 19.3 122A.90, the designated state official for this state is the 19.4commissioner of children, families, and learningexecutive 19.5 secretary of the board of teaching. 19.6 Sec. 13. Minnesota Statutes 2000, section 122A.92, is 19.7 amended to read: 19.8 122A.92 [RECORD OF CONTRACTS.] 19.9 Two copies of all contracts made on behalf of this state 19.10 pursuant to the agreement set forth in section 122A.90 must be 19.11 kept on file in the office of thecommissioner of children,19.12families, and learningboard of teaching. 19.13 Sec. 14. [REVISOR INSTRUCTION.] 19.14 In the next and subsequent editions of Minnesota Statutes 19.15 and Minnesota Rules, the revisor of statutes shall renumber 19.16 Minnesota Statutes, section 122A.61, subdivision 2, as Minnesota 19.17 Statutes, section 124D.311. The revisor shall also make 19.18 necessary cross-reference changes consistent with the 19.19 renumbering. 19.20 Sec. 15. [REPEALER.] 19.21 Minnesota Statutes 2000, sections 122A.19, subdivision 2; 19.22 122A.32; 122A.40, subdivision 6; 122A.52; 122A.53; 122A.71; 19.23 122A.72; and 122A.75, are repealed. 19.24 ARTICLE 4 19.25 SCHOOL DISTRICTS; FORMS FOR ORGANIZING 19.26 Section 1. Minnesota Statutes 2000, section 123A.06, 19.27 subdivision 1, is amended to read: 19.28 Subdivision 1. [PROGRAM FOCUS.](a) The programs and19.29services of a center must focus on academic and learning skills,19.30applied learning opportunities, trade and vocational skills,19.31work-based learning opportunities, work experience, youth19.32service to the community, transition services, and English19.33language and literacy programs for children whose primary19.34language is a language other than English. Applied learning,19.35work-based learning, and service learning may best be developed19.36in collaboration with a local education and transitions20.1partnership, culturally based organizations, mutual assistance20.2associations, or other community resources. In addition to20.3offering programs, the center shall coordinate the use of other20.4available educational services, special education services,20.5social services, health services, and post-secondary20.6institutions in the community and services area.20.7(b)Consistent with the requirements of sections 121A.40 to 20.8 121A.56, a school district may provide an alternative education 20.9 program for a student who is within the compulsory attendance 20.10 age under section 120A.20, and who is involved in severe or 20.11 repeated disciplinary action. 20.12 Sec. 2. [REPEALER.] 20.13 (a) Minnesota Statutes 2000, sections 123A.15, subdivision 20.14 1; 123A.35; 123A.36; 123A.37; 123A.38; 123A.39, subdivisions 1, 20.15 2, and 4; 123A.40; 123A.41, subdivision 1; and 123A.43, are 20.16 repealed. 20.17 (b) Minnesota Statutes 2000, section 123A.41, subdivision 20.18 4, is repealed effective July 1, 2002. 20.19 [EFFECTIVE DATE.] This section is effective the day 20.20 following final enactment. 20.21 ARTICLE 5 20.22 SCHOOL DISTRICT POWERS AND DUTIES 20.23 Section 1. Minnesota Statutes 2000, section 123B.02, 20.24 subdivision 1, is amended to read: 20.25 Subdivision 1. [BOARD AUTHORITY.] The board must have the 20.26 general charge of the business of the district, the school 20.27 houses, and of the interests of the schools thereof. The 20.28 board's authority to govern, manage, and control the district; 20.29 to carry out its duties and responsibilities; and to conduct the 20.30 business of the district includes implied powers in addition to 20.31 any specific powers granted by the legislature. 20.32 Sec. 2. Minnesota Statutes 2000, section 123B.04, 20.33 subdivision 5, is amended to read: 20.34 Subd. 5. [COMMISSIONER'S ROLE.] The commissioner of 20.35 children, families, and learning, in consultation with 20.36 appropriate educational organizations, shall:21.1(1)upon request, provide technical support for districts 21.2 and sites with agreements under this section;21.3(2) conduct and compile research on the effectiveness of21.4site decision making; and21.5(3) periodically report on and evaluate the effectiveness21.6of site management agreements on a statewide basis. 21.7 Sec. 3. Minnesota Statutes 2000, section 123B.147, is 21.8 amended to read: 21.9 123B.147 [PRINCIPALS.] 21.10 Subdivision 1. [PRINCIPAL MAY SUPERVISE SCHOOL BUILDING.] 21.11 Each public school building, as defined by section 120A.05, 21.12 subdivisions 9, 11, and 13, in an independent district may be 21.13 under the supervision of a principal who is assigned to that 21.14 responsibility by the board of education in that district upon 21.15 the recommendation of the superintendent of schools of that 21.16 district. If pupils in kindergarten through grade 12 attend 21.17 school in one building, one principal, who holds either an 21.18 elementary or a secondary principal's license, may supervise the 21.19 building. 21.20 Subd. 2. [VALID PRINCIPAL LICENSE REQUIRED.] Each 21.21 principalassigned the responsibilityresponsible forthe21.22supervision ofsupervising a school building shall hold a valid 21.23 license in the assigned position of supervision and 21.24 administration as established by the rules of the commissioner 21.25 of children, families, and learning. 21.26 Subd. 3. [PRINCIPALS' DUTIES.] The principal shallprovide21.27administrative, supervisory, and instructional leadership21.28services, under the supervision of the superintendent of schools21.29of the district and in accordance with the policies, rules, and21.30regulations of the board of education, for the planning,21.31management, operation, and evaluation of the education program21.32of the building or buildings to which the principal is21.33assignedperform administrative, supervisory, and instructional 21.34 duties as determined by the school district. 21.35 Sec. 4. Minnesota Statutes 2001 Supplement, section 21.36 123B.36, subdivision 1, is amended to read: 22.1 Subdivision 1. [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 22.2 purposes of this subdivision, "home school" means a home school 22.3 as defined in sections 120A.22 and 120A.24 with five or fewer 22.4 students receiving instruction. 22.5 (b) A school board is authorized to require payment of fees 22.6 in the following areas: 22.7 (1) in any program where the resultant product, in excess 22.8 of minimum requirements and at the pupil's option, becomes the 22.9 personal property of the pupil; 22.10 (2) admission fees or charges for extra curricular 22.11 activities, where attendance is optional and where the admission 22.12 fees or charges a student must pay to attend or participate in 22.13 an extracurricular activity is the same for all students, 22.14 regardless of whether the student is enrolled in a public or a 22.15 home school; 22.16 (3) a security deposit for the return of materials, 22.17 supplies, or equipment; 22.18 (4) personal physical education and athletic equipment and 22.19 apparel, although any pupil may personally provide it if it 22.20 meets reasonable requirements and standards relating to health 22.21 and safety established by the board; 22.22 (5) items of personal use or products that a student has an 22.23 option to purchase such as student publications, class rings, 22.24 annuals, and graduation announcements; 22.25 (6) fees specifically permitted by any other statute, 22.26 including but not limited to section 171.05, subdivision 2; 22.27 provided (i) driver education fees do not exceed the actual cost 22.28 to the school and school district of providing driver education, 22.29 and (ii) the driver education courses are open to enrollment to 22.30 persons between the ages of 15 and 18 who reside or attend 22.31 school in the school district; 22.32 (7) field trips considered supplementary to a district 22.33 educational program; 22.34 (8) any authorized voluntary student health and accident 22.35 benefit plan; 22.36 (9) for the use of musical instruments owned or rented by 23.1 the district, a reasonable rental fee not to exceed either the 23.2 rental cost to the district or the annual depreciation plus the 23.3 actual annual maintenance cost for each instrument; 23.4 (10) transportation of pupils to and from extra curricular 23.5 activities conducted at locations other than school, where 23.6 attendance is optional; 23.7 (11) transportation to and from school of pupils living 23.8 within two miles from school and all other transportation 23.9 services not required by law. If a district charges fees for 23.10 transportation of pupils, it must establish guidelines for that 23.11 transportation to ensure that no pupil is denied transportation 23.12 solely because of inability to pay; 23.13 (12) motorcycle classroom education courses conducted 23.14 outside of regular school hours; provided the charge must not 23.15 exceed the actual cost of these courses to the school district; 23.16 (13) transportation to and from post-secondary institutions 23.17 for pupils enrolled under the post-secondary enrollment options 23.18 program under section 123B.88, subdivision 22. Fees collected 23.19 for this service must be reasonable and must be used to reduce 23.20 the cost of operating the route. Families who qualify for 23.21 mileage reimbursement under section 124D.09, subdivision 22, may 23.22 use their state mileage reimbursement to pay this fee. If no 23.23 fee is charged, districts must allocate costs based on the 23.24 number of pupils riding the route; and 23.25 (14) admission fees or charges to a part-time student over 23.26 age 21 attending a secondary school class or program except a 23.27 student participating in the graduation incentives program under 23.28 section 124D.68 or a student receiving instruction under section 23.29 125A.03. 23.30 Sec. 5. Minnesota Statutes 2000, section 123B.43, is 23.31 amended to read: 23.32 123B.43 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 23.33 (a) The commissioner shall assure that textbooks and 23.34 individualized instructional materials loaned to nonpublic 23.35 school pupils are secular, neutral, nonideological and that they 23.36 are incapable of diversion for religious use. 24.1 (b) Textbooks and individualized instructional materials 24.2 must not be used in religious courses, devotional exercises, 24.3 religious training or any other religious activity. 24.4 (c) Textbooks and individualized instructional materials 24.5 must be loaned only to individual pupils upon the request of a 24.6 parent or guardian or the pupil on a form designated for this 24.7 use by the commissioner. The request forms shall provide for 24.8 verification by the parent or guardian or pupil that the 24.9 requested textbooks and individualized instructional materials 24.10 are for the use of the individual pupil in connection with a 24.11 program of instruction in the pupil's elementary or secondary 24.12 school. 24.13 (d)The servicing school district or the intermediary24.14service area must take adequate measures to ensure an accurate24.15and periodic inventory of all textbooks and individualized24.16instructional materials loaned to elementary and secondary24.17school pupils attending nonpublic schools. The commissioner of24.18children, families, and learning shall promulgate rules under24.19the provisions of chapter 14 to terminate the eligibility of any24.20nonpublic school pupil if the commissioner determines, after24.21notice and opportunity for hearing, that the textbooks or24.22individualized instructional materials have been used in a24.23manner contrary to the provisions of section 123B.41,24.24subdivision 5, 123B.42, or this section or any rules promulgated24.25by the commissioner of children, families, and learning.24.26(e)Nothing contained in section 123B.41, subdivision 5, 24.27 123B.42, or this section shall be construed to authorize the 24.28 making of any payments to a nonpublic school or its faculty, 24.29 staff or administrators for religious worship or instruction or 24.30 for any other purpose. 24.31 Sec. 6. Minnesota Statutes 2000, section 123B.49, 24.32 subdivision 1, is amended to read: 24.33 Subdivision 1. [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 24.34Whenever it appears to be beneficial and for the best interest24.35of the district and the pupils of the district to carry on any24.36school sport activities or educational activities connected with25.1their studies outside of the territorial limits of the district,25.2 The board may authorizesuch activitiesschool sport or 25.3 educational activities to be conducted outside the territorial 25.4 limits of the district under such rules and regulations as the 25.5 board deems sufficient. The district may pay all necessary 25.6 coststherefor, including transportation from the district funds 25.7 available. 25.8 Sec. 7. Minnesota Statutes 2000, section 123B.51, 25.9 subdivision 1, is amended to read: 25.10 Subdivision 1. [SITES.] According to section 126C.40, 25.11 subdivision 1, or 465.71, when funds are available, the board 25.12 may locate and acquire necessary school sitesof schoolhousesor 25.13 enlargements, or additions to existingschoolhouse sitesschools 25.14 by lease, purchase or condemnation under the right of eminent 25.15 domain; it may erectschoolhousesschools on the sites; it may 25.16 erect or purchase garages for district-owned school buses. When 25.17 property is taken by eminent domain by authority of this 25.18 subdivision when needed by the district for such purposes, the 25.19 fact that the property has been acquired by the owner under the 25.20 power of eminent domain or is already devoted to public use, 25.21 shall not prevent its acquisition by the district. The board 25.22 may sell or exchangeschoolhousesschools or sites, and execute 25.23 deeds of conveyance thereof. 25.24 Sec. 8. Minnesota Statutes 2000, section 123B.51, 25.25 subdivision 5, is amended to read: 25.26 Subd. 5. [SCHOOLHOUSESCHOOL CLOSING.] The board may close 25.27 aschoolhouseschool only after a public hearing on the question 25.28 of the necessity and practicability of the proposed closing. 25.29 Published notice of the hearing shall be given for two weeks in 25.30 the official newspaper of the district. The time and place of 25.31 the meeting, the description and location of theschoolhouse25.32 school, and a statement of the reasons for the closing must be 25.33 specified in the notice. Parties requesting to give testimony 25.34 for and against the proposal shall be heard by the board before 25.35 it makes a final decision to close or not to close 25.36 theschoolhouseschool. 26.1 Sec. 9. Minnesota Statutes 2000, section 123B.83, 26.2 subdivision 1, is amended to read: 26.3 Subdivision 1. [REDUCE STATUTORY OPERATING DEBT.] (a) 26.4Beginning in fiscal year 1978 and in each year thereafter,A 26.5 districtwhichthat had statutory operating debt on June 30, 26.6 1977 pursuant to section 126C.42 must limit its expenditures in 26.7 each fiscal year so that the amount of its statutory operating 26.8 debt calculated at the end of that fiscal year is not greater 26.9 than the amount of the district's statutory operating debt as of 26.10 June 30, 1977, as certified and adjusted by the commissioner, 26.11 increased by an amount equal to 2-1/2 percent of that district's 26.12 operating expenditures for the fiscal year for which the 26.13 statutory operating debt calculation is being made. 26.14 (b) When a district is no longer required to levy pursuant 26.15 to section 126C.42, subdivision 1, subdivision 2 is applicable. 26.16 Sec. 10. Minnesota Statutes 2000, section 123B.90, 26.17 subdivision 2, is amended to read: 26.18 Subd. 2. [STUDENT TRAINING.] (a) Each district must 26.19 provide public school pupils enrolled in grades kindergarten 26.20 through 10 with age-appropriate school bus safety training. The 26.21 training must be results-oriented and shall consist of both 26.22 classroom instruction and practical training using a school 26.23 bus. Upon completing the training, a student shall be able to 26.24 demonstrate knowledge and understanding of at least the 26.25 following competencies and concepts: 26.26 (1) transportation by school bus is a privilege and not a 26.27 right; 26.28 (2) district policies for student conduct and school bus 26.29 safety; 26.30 (3) appropriate conduct while on the school bus; 26.31 (4) the danger zones surrounding a school bus; 26.32 (5) procedures for safely boarding and leaving a school 26.33 bus; 26.34 (6) procedures for safe street or road crossing; 26.35 (7) school bus evacuation and other emergency procedures; 26.36 and 27.1 (8) appropriate training on the use of lap belts or lap and 27.2 shoulder belts, if the district uses buses equipped with lap 27.3 belts or lap and shoulder belts. 27.4 (b) Each nonpublic school located within the district must 27.5 provide all nonpublic school pupils enrolled in grades 27.6 kindergarten through 10 who are transported by school bus at 27.7 public expense and attend school within the district's 27.8 boundaries with training as required in paragraph (a). The 27.9 school district shall make a bus available for the practical 27.10 training if the district transports the nonpublic students. 27.11 Each nonpublic school shall provide the instruction. 27.12 (c)All students enrolled in grades kindergarten through 327.13who are transported by school bus and are enrolled during the27.14first or second week of school must demonstrate achievement of27.15the school bus safety training competencies by the end of the27.16third week of school. All students enrolled in grades 4 through27.1710 who are transported by school bus and are enrolled during the27.18first or second week of school must demonstrate achievement of27.19the competencies by the end of the sixth week of school.27.20Students enrolled in grades kindergarten through 10 who enroll27.21in a school after the second week of school and are transported27.22by school bus shall undergo school bus safety training and27.23demonstrate achievement of the school bus safety competencies27.24within four weeks of the first day of attendance. The school27.25transportation safety director in each district must certify to27.26the commissioner annually that all students transported by27.27school bus within the district have satisfactorily demonstrated27.28knowledge and understanding of the school bus safety27.29competencies according to this section or provide an explanation27.30for a student's failure to demonstrate the competencies. The27.31principal or other chief administrator of each nonpublic school27.32must certify annually to the school transportation safety27.33director of the district in which the school is located that all27.34of the school's students transported by school bus at public27.35expense have received training. A district may deny27.36transportation to a student who fails to demonstrate the28.1competencies, unless the student is unable to achieve the28.2competencies due to a disability, or to a student who attends a28.3nonpublic school that fails to provide training as required by28.4this subdivision.28.5(d) A district and a nonpublic school with students28.6transported by school bus at public expense must, to the extent28.7possible, provide kindergarten pupils with bus safety training28.8before the first day of school.28.9(e)A district and a nonpublic school with students 28.10 transported by school bus at public expense must also provide 28.11 student safety education for bicycling and pedestrian safety, 28.12 for students enrolled in grades kindergarten through 5. 28.13(f)(d) A district and a nonpublic school with students 28.14 transported by school bus at public expense must make reasonable 28.15 accommodations for the school bus, bicycle, and pedestrian 28.16 safety training of pupils known to speak English as a second 28.17 language and pupils with disabilities. 28.18 Sec. 11. [REPEALER.] 28.19 Minnesota Statutes 2000, sections 123B.02, subdivisions 5, 28.20 9, 10, and 13; 123B.15; 123B.16; 123B.17; 123B.18; 123B.19; 28.21 123B.744; 123B.93; and 123B.95, subdivision 3, are repealed. 28.22 ARTICLE 6 28.23 EDUCATION PROGRAMS 28.24 Section 1. Minnesota Statutes 2000, section 124D.02, 28.25 subdivision 1, is amended to read: 28.26 Subdivision 1. [KINDERGARTEN INSTRUCTION.] The boardmay28.27establish and maintain one or more kindergartens for the28.28instruction of children and after July 1, 1974,shall provide 28.29 kindergarten instruction for all eligible children, either in 28.30 the district or in another district.All children to be28.31eligibleEligibility for kindergarten must beat least five28.32years of age on September 1 of the calendar year in which the28.33school year commences. In addition all children selected under28.34an early admissions policy established by the school board may28.35be admitted. Nothing in this section shall prohibit a school28.36district from establishing head start, prekindergarten, or29.1nursery school classes for children below kindergarten29.2agedetermined under section 120A.20, subdivision 1. Any school 29.3 board with evidence that providing kindergarten will cause an 29.4 extraordinary hardship on the school district may apply to the 29.5 commissioner of children, families, and learning for an 29.6 exception. 29.7 Sec. 2. Minnesota Statutes 2000, section 124D.09, 29.8 subdivision 5, is amended to read: 29.9 Subd. 5. [AUTHORIZATION; NOTIFICATION.]Notwithstanding29.10any other law to the contrary,An 11th or 12th grade pupil 29.11 enrolled in a school or an American Indian-controlled tribal 29.12 contract or grant school eligible for aid under section 124D.83, 29.13 except a foreign exchange pupil enrolled in a district under a 29.14 cultural exchange program, may apply to an eligible institution, 29.15 as defined in subdivision 3, to enroll in nonsectarian courses 29.16 offered by that post-secondary institution. If an institution 29.17 accepts a secondary pupil for enrollment under this section, the 29.18 institution shall send written notice to the pupil, the pupil's 29.19 school or school district, and the commissioner within ten days 29.20 of acceptance. The notice must indicate the course and hours of 29.21 enrollment of that pupil. If the pupil enrolls in a course for 29.22 post-secondary credit, the institution must notify the pupil 29.23 about payment in the customary manner used by the institution. 29.24 Sec. 3. Minnesota Statutes 2000, section 124D.09, 29.25 subdivision 6, is amended to read: 29.26 Subd. 6. [COUNSELINGPARENTAL CONSENT.]To the extent29.27possible, the school or school district must provide counseling29.28services to pupils and their parents or guardian before the29.29pupils enroll in courses under this section to ensure that the29.30pupils and their parents or guardian are fully aware of the29.31risks and possible consequences of enrolling in post-secondary29.32courses. The school or school district must provide information29.33on the program including who may enroll, what institutions and29.34courses are eligible for participation, the decision-making29.35process for granting academic credits, financial arrangements29.36for tuition, books and materials, eligibility criteria for30.1transportation aid, available support services, the need to30.2arrange an appropriate schedule, consequences of failing or not30.3completing a course in which the pupil enrolls, the effect of30.4enrolling in this program on the pupil's ability to complete the30.5required high school graduation requirements, and the academic30.6and social responsibilities that must be assumed by the pupils30.7and their parents or guardian. The person providing counseling30.8shall encourage pupils and their parents or guardian to also use30.9available counseling services at the post-secondary institutions30.10before the quarter or semester of enrollment to ensure that30.11anticipated plans are appropriate.30.12 Prior to enrolling in a course, the pupil and the pupil's 30.13 parents or guardian must sign a form that must be provided by 30.14 the school or school district and may be obtained from a 30.15 post-secondary institution statingthat they have received the30.16information specified in this subdivision andthat they 30.17 understand the responsibilities that must be assumed in 30.18 enrolling in this program. The department must, upon request, 30.19 provide technical assistance to a school or school district in 30.20 developing appropriate forms and counseling guidelines. 30.21 Sec. 4. Minnesota Statutes 2000, section 124D.10, 30.22 subdivision 1, is amended to read: 30.23 Subdivision 1. [PURPOSESEXPECTED OUTCOMES.] (a) 30.24 Thepurpose of this section isexpected outcomes of a charter 30.25 school are to: 30.26 (1) improve pupil learning; 30.27 (2) increase learning opportunities for pupils; 30.28 (3) encourage the use of different and innovative teaching 30.29 methods; 30.30 (4) require the measurement of learning outcomes and create 30.31 different and innovative forms of measuring outcomes; 30.32 (5) establish new forms of accountability for schools; or 30.33 (6) create new professional opportunities for teachers, 30.34 including the opportunity to be responsible for the learning 30.35 program at the school site. 30.36 (b) This section does not provide a means to keep open a 31.1 school that otherwise would be closed. Applicants in these 31.2 circumstances bear the burden of proving that conversion to a 31.3 charter school fulfills a purpose specified in this subdivision, 31.4 independent of the school's closing. 31.5 Sec. 5. Minnesota Statutes 2000, section 124D.10, 31.6 subdivision 6, is amended to read: 31.7 Subd. 6. [CONTRACT.] The sponsor's authorization for a 31.8 charter school must be in the form of a written contract signed 31.9 by the sponsor and the board of directors of the charter 31.10 school. The contract must be completed within 90 days of the 31.11 commissioner's approval of the sponsor's proposed authorization. 31.12 The contract for a charter school must be in writing and contain 31.13 at least the following: 31.14 (1) a description of a program that carries out one or more 31.15 of thepurposesexpected outcomes in subdivision 1; 31.16 (2) specific outcomes pupils are to achieve under 31.17 subdivision 10; 31.18 (3) admission policies and procedures; 31.19 (4) management and administration of the school; 31.20 (5) requirements and procedures for program and financial 31.21 audits; 31.22 (6) how the school will comply with subdivisions 8, 13, 16, 31.23 and 23; 31.24 (7) assumption of liability by the charter school; 31.25 (8) types and amounts of insurance coverage to be obtained 31.26 by the charter school; 31.27 (9) the term of the contract, which may be up to three 31.28 years; and 31.29 (10) if the board of directors or the operators of the 31.30 charter school provide special instruction and services for 31.31 children with a disability under sections 125A.03 to 125A.24, 31.32 and 125A.65, a description of the financial parameters within 31.33 which the charter school will operate to provide the special 31.34 instruction and services to children with a disability. 31.35 Sec. 6. Minnesota Statutes 2000, section 124D.115, 31.36 subdivision 3, is amended to read: 32.1 Subd. 3. [PROGRAM REIMBURSEMENT.] (a)State funds are32.2provided to reimburse school breakfasts.Each school year, the 32.3 state must reimburse schools in the amount of 5.1 cents for each 32.4 fully paid breakfast and for each free and reduced price 32.5 breakfast not eligible for the "severe need" rate. 32.6 (b) In addition to paragraph (a), each school year the 32.7 state must reimburse schools 10.5 cents for each free and 32.8 reduced price breakfast not eligible for the "severe need" rate 32.9 if between 33 and 40 percent of the school lunches served during 32.10 the second preceding school year were served free or at a 32.11 reduced price. 32.12 Sec. 7. Minnesota Statutes 2000, section 124D.118, 32.13 subdivision 2, is amended to read: 32.14 Subd. 2. [ESTABLISHMENT; SCHOOL PARTICIPATION.]Each32.15district in the state is encouraged to participate in the32.16state-supported school milk program for kindergartners.32.17 Participating districts must provide one serving of milk on each 32.18 school day to each kindergarten student attending a public or 32.19 nonpublic school in the district. No student is required to 32.20 accept the milk that is provided by the district. The program 32.21 must be promoted and operated under the direction of the 32.22 commissioner or the commissioner's designee. 32.23 Sec. 8. Minnesota Statutes 2000, section 124D.118, 32.24 subdivision 3, is amended to read: 32.25 Subd. 3. [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.] 32.26 (a) The commissioner shall: 32.27 (1)encourage all districts to participate in the school32.28milk program for kindergartners;32.29(2) preparemaintain program guidelines, not subject to32.30chapter 14 until July 1, 1998, whichthat will effectively and 32.31 efficiently distribute appropriated and donated money to 32.32 participating districts; and 32.33(3)(2) seek donations and matching funds from appropriate 32.34 private and public sources. 32.35 (b) Program guidelines may provide for disbursement to 32.36 districts through a mechanism of prepayments or by reimbursement 33.1 for approved program expenses. 33.2 Sec. 9. Minnesota Statutes 2000, section 124D.37, is 33.3 amended to read: 33.4 124D.37 [PURPOSEEXPECTED OUTCOMES OF THE MINNESOTA YOUTH 33.5 WORKS ACT.] 33.6 Thepurposesexpected outcomes of sections 124D.37 to 33.7 124D.45 are to: 33.8 (1)renew the ethic ofpromote civic responsibility in 33.9 Minnesota; 33.10 (2)empower youth toimprovetheir life opportunities33.11throughyouth literacy, job placement, and other essential life 33.12 skills; 33.13 (3)empower government to meet its responsibility to33.14 prepare young people to be contributing members of society; 33.15 (4) help meet human, educational, environmental, and public 33.16 safety needs, particularly those needs relating to poverty; 33.17 (5)prepare a citizenry that is academically competent,33.18ready for work, and socially responsible;33.19(6)demonstrate the connection between youth and meaningful 33.20 communityservice, community service and education, and33.21education and meaningful opportunities in the business community33.22 activities; 33.23(7) demonstrate the connection between providing33.24opportunities for at-risk youth and reducing crime rates and the33.25social costs of troubled youth;33.26(8)(6) create linkages for a comprehensive youth service 33.27 and learning program in Minnesotaincluding school age programs,33.28higher education programs, youth work programs, and service33.29corps programs; and 33.30(9)(7) coordinate federal and state activities that 33.31 advance the purposes in this section. 33.32 Sec. 10. Minnesota Statutes 2000, section 124D.40, 33.33 subdivision 2, is amended to read: 33.34 Subd. 2. [GRANT AUTHORITY.] The commission must use any 33.35 state appropriation and any available federal funds, including 33.36 any grant received under federal law, to award grants to 34.1 establish programs for youth works meeting the requirements of 34.2 section 124D.41. At least one grant each must be available for 34.3 a metropolitan proposal, a rural proposal, and a statewide 34.4 proposal. If a portion of the suburban metropolitan area is not 34.5 included in the metropolitan grant proposal, the statewide grant 34.6 proposal must incorporate at least one suburban metropolitan 34.7 area.In awarding grants, the commission may select at least34.8one residential proposal and one nonresidential proposal,34.9provided the proposals meet or exceed the criteria in section34.10124D.41.34.11 Sec. 11. Minnesota Statutes 2000, section 124D.41, is 34.12 amended to read: 34.13 124D.41 [GRANT APPLICATIONS.] 34.14 Subdivision 1. [APPLICATIONS REQUIRED.] An organization 34.15 seeking federal or state grant money under sections 124D.39 to 34.16 124D.44 shall prepare and submit to the commission an 34.17 application that meets the requirementsof this section34.18 developed by the commission. The commission must develop, and34.19the applying organizations must comply with, the form and manner34.20of the applicationrequirements that meet the expected outcomes 34.21 in section 124D.37. 34.22 Subd. 2. [APPLICATION CONTENT.] An applicant on its 34.23 application must describe how the applicant intends to meet the 34.24 expected outcomes in this subdivision and section 124D.37, 34.25 including: 34.26 (1)proposeproposing a program to provide participants the 34.27 opportunity to perform community service to meet specific unmet 34.28 community needs, and participate in classroom, work-based, and 34.29 service-learning; and 34.30 (2)assessassessing the community's unmet educational, 34.31 human, environmental, and public safety needs, the resources and 34.32 programs available for meeting those needs, and how young people 34.33 participated in assessing community needs;. 34.34(3) describe the educational component of the program,34.35including classroom hours per week, classroom time for34.36participants to reflect on the program experience, and35.1anticipated academic outcomes related to the service experience;35.2(4) describe the work to be performed, the ratio of youth35.3participants to crew leaders and mentors, and the expectations35.4and qualifications for crew leaders and mentors;35.5(5) describe local funds or resources available to meet the35.6match requirements of section 124D.44;35.7(6) describe any funds available for the program from35.8sources other than the requested grant;35.9(7) describe any agreements with local businesses to35.10provide participants with work-learning opportunities and35.11mentors;35.12(8) describe any agreement with local post-secondary35.13educational institutions to offer participants course credits35.14for their community service-learning experience;35.15(9) describe any agreement with a local high school or an35.16alternative learning center to provide remedial education,35.17credit for community service work and work-based learning, or35.18graduate equivalency degrees;35.19(10) describe any pay for service or other program delivery35.20mechanism that will provide reimbursement for benefits conferred35.21or recover costs of services participants perform;35.22(11) describe how local resources will be used to provide35.23support and assistance for participants to encourage them to35.24continue with the program, fulfill the terms of the contract,35.25and remain eligible for any postservice benefit;35.26(12) describe the arbitration mechanism for dispute35.27resolution required under section 124D.42, subdivision 2;35.28(13) describe involvement of community leaders in35.29developing broad-based support for the program;35.30(14) describe the consultation and sign-off process to be35.31used with any local labor organization representing employees in35.32the area engaged in work similar to that proposed for the35.33program to ensure that no current employees or available35.34employment positions will be displaced by program participants;35.35(15) certify to the commission and to any certified35.36bargaining representatives representing employees of the36.1applying organization that the project will not decrease36.2employment opportunities that would be available without the36.3project; will not displace current employees including any36.4partial displacement in the form of reduced hours of work other36.5than overtime, wages, employment benefits, or regular seasonal36.6work; will not impair existing labor agreements; and will not36.7result in the substitution of project funding for preexisting36.8funds or sources of funds for ongoing work;36.9(16) describe the length of the required service period,36.10which may not be less than six months or more than two years, a36.11method to incorporate a participant's readiness to advance or36.12need for postservice financial assistance into individual36.13service requirements, and any opportunity for participating part36.14time or in another program;36.15(17) describe a program evaluation plan that contains36.16cost-effectiveness measures, measures of participant success36.17including educational accomplishments, job placements, community36.18contributions, and ongoing volunteer activities, outcome36.19measures based on a preprogram and postprogram survey of36.20community rates of arrest, incarceration, teenage pregnancy, and36.21other indicators of youth in trouble, and a list of local36.22resources dedicated to reducing these rates;36.23(18) describe a three-year financial plan for maintaining36.24the program;36.25(19) describe the role of local youth in developing all36.26aspects of the grant proposal; and36.27(20) describe the process by which the local private36.28industry council participated in, and reviewed the grant36.29application.36.30 Sec. 12. Minnesota Statutes 2000, section 124D.42, 36.31 subdivision 7, is amended to read: 36.32 Subd. 7. [TRAINING AND EDUCATION REQUIREMENTS.] Each 36.33 grantee organization must assess and work to enhance the 36.34 educational level of each entering participant.Each grantee36.35shall work to enhance the educational skills of each36.36participant. The commission may coordinate or contract with37.1educational institutions or other providers for educational37.2services and evaluation.All grantees shall give priority to 37.3 educating and training participants who do not have a high 37.4 school diploma or its equivalent, or who cannot afford 37.5 post-secondary training and education. 37.6 Sec. 13. Minnesota Statutes 2000, section 124D.46, 37.7 subdivision 1, is amended to read: 37.8 Subdivision 1. [GOALSESTABLISHMENT.]To better prepare37.9all learners to make transitions between education and37.10employment,A comprehensive education and employment transitions 37.11 system is established that is driven by multisector partnerships 37.12 and takesa lifelongan integrated approach to workforce 37.13 development. The goals of the statewide education and 37.14 employment transitions systemareshall develop and implement 37.15 methods: 37.16 (1) to improve the skills learners need to achieve greater 37.17 levels of self-sufficiency through education, training, and 37.18 work; 37.19 (2) to improve work-related counseling and information 37.20 about career opportunities and vocational education programs 37.21 available to learners to facilitate workforce development; 37.22 (3) to integrate opportunities for work-based learning, 37.23 service-learning, and other applied learning methods into the 37.24elementary, secondary, and post-secondary curriculum andstate 37.25 and local graduation standards; 37.26 (4)to increase participation in employment opportunities37.27and demonstrate the relationship between education and37.28employment at the elementary, secondary, and post-secondary37.29education levels;37.30(5)to promote the efficient use of public and private 37.31 resources by coordinating elementary, secondary, and 37.32 post-secondary education with related government programs; 37.33(6)(5) to expand educational options available to all 37.34 learners through collaborative efforts between school districts, 37.35 post-secondary institutions, employers, organized labor, 37.36 workers, learners, parents, community-based organizations, and 38.1 other interested parties; 38.2(7)(6) to increase opportunities for women, minorities, 38.3 individuals with a disability, and at-risk learners to fully 38.4 participate in work-based learning; 38.5(8) to establish performance standards for learners that38.6integrate state and local graduation standards and generally38.7recognized industry and occupational skill standards;and 38.8(9)(7) to provide support systems including a unified 38.9 labor market information system; a centralized quality assurance 38.10 system with information on learner achievement, employer 38.11 satisfaction, and measurable system outcomes; a statewide 38.12 marketing system to promote the importance of lifework 38.13 development; a comprehensive professional development system for 38.14 public and private sector partners; and a comprehensive system 38.15 for providing technical support to local partnerships for 38.16 education and employment transitions. 38.17 Sec. 14. Minnesota Statutes 2000, section 124D.47, 38.18 subdivision 2, is amended to read: 38.19 Subd. 2. [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 38.20 comprehensive youth apprenticeship program must require 38.21 representatives of secondary and post-secondary school systems, 38.22 affected local businesses, industries, occupations and labor, as 38.23 well as the local community, to be actively and collaboratively 38.24 involved in advising and managing the program and ensuring, in 38.25 consultation with local private industry councils, that the 38.26 youth apprenticeship program meets local labor market demands, 38.27 provides student apprentices with the high skill training 38.28 necessary for career advancement, meets applicable state 38.29 graduation requirements and labor standards, pays apprentices 38.30 for their work and provides support services to program 38.31 participants. 38.32 (b) Local employers, collaborating with labor organizations 38.33 where appropriate, must assist the program by analyzing 38.34 workplace needs, creating work-related curriculum, employing and 38.35 adequately paying youth apprentices engaged in work-related 38.36 learning in the workplace, training youth apprentices to become 39.1 skilled in an occupation, providing student apprentices with a 39.2 workplace mentor, periodically informing the school of an 39.3 apprentice's progress, and making a reasonable effort to employ 39.4 youth apprentices who successfully complete the program. 39.5 (c) A student participating in a comprehensive youth 39.6 apprenticeship program must sign a youth apprenticeship 39.7 agreement with participating entities that obligates youth 39.8 apprentices, their parents or guardians, employers, and schools 39.9 to meet program requirements; indicates how academic39.10instruction, work-based learning, and worksite learning and39.11experience will be integrated; ensures that successful youth39.12apprentices will receive a recognized credential of academic and39.13occupational proficiency; and establishes the wage rate and39.14other benefits for which youth apprentices are eligible while39.15employed during the program. 39.16 (d) Secondary school principals, counselors, or business 39.17 mentors familiar with the education to employment transitions 39.18 system must inform entering secondary school students about 39.19 available occupational and career opportunities and the option 39.20 of entering a youth apprenticeship or other work-based learning 39.21 program to obtain post-secondary academic and occupational 39.22 credentials. 39.23 Sec. 15. Minnesota Statutes 2000, section 124D.50, 39.24 subdivision 2, is amended to read: 39.25 Subd. 2. [SERVICE-LEARNING PROGRAMS DEVELOPED.] The 39.26 commissioner, in consultation with the commission, shall develop 39.27 a service-learningprogram curriculum that includes apolicy 39.28 framework and strategies for youth community service and an 39.29 infrastructure for mentoring youth. The commissioner shall 39.30 include in the curriculum at least the following: 39.31 (1) youth community service strategies that enable young 39.32 people to make significant contributions to the welfare of their 39.33 community through such organizations as schools, colleges, 39.34 government agencies, and community-based organizations or 39.35 through individual efforts; 39.36 (2) mentoring strategies that enable young people to be 40.1 matched with caring, responsible individuals who can encourage 40.2 and guide the young people in their personal growth and 40.3 development; 40.4 (3) guidelines, criteria, and procedures for community 40.5 service programs that incorporate the results of the study in 40.6 subdivision 1; and 40.7 (4) criteria for community service activities and 40.8 service-learning. 40.9 Sec. 16. Minnesota Statutes 2000, section 124D.50, 40.10 subdivision 3, is amended to read: 40.11 Subd. 3. [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 40.12 EDUCATION LEVEL.] The service-learningcurriculumframework must 40.13 accommodate students' grade level or the last completed grade 40.14 level of the participants not currently enrolled in school. 40.15 Schools must provide at least the following: 40.16 (1) for students in grades 7 to 9, an opportunity to learn 40.17 about service-learning activities and possible occupations; 40.18 (2) for students in grade 10, an opportunity to apply for 40.19 service-learning under section 124D.19 subdivision 10, and youth 40.20 apprenticeship programs; and 40.21 (3) for students in grades 11 and 12 and young people not 40.22 currently enrolled in school, an opportunity to become involved 40.23 in community service activities, participate in youth 40.24 apprenticeship programs, and, depending upon the individual's 40.25 demonstrated abilities, complete high school or pursue 40.26 post-secondary coursework. 40.27 Sec. 17. Minnesota Statutes 2000, section 124D.65, 40.28 subdivision 6, is amended to read: 40.29 Subd. 6. [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 40.30 counting the number of pupils of limited English proficiency for 40.31 purposes of this section, districts may include pupils of 40.32 limited English proficiency who attend nonpublic schools in the 40.33 district. A districtwhichthat counts those pupils and 40.34 receives aidpursuant tounder this section must offer those 40.35 pupils the same programs on the same terms that it offers to 40.36 pupils of limited English proficiency who attend the public 41.1 school. A program provided for a nonpublic school 41.2 pupilpursuant tounder this subdivision must be provided at a 41.3 public schoolor, a neutral site as defined in section 123B.41, 41.4 subdivision 13, the nonpublic school or any other suitable 41.5 location. The school district must make the final decision on 41.6 the location of these services. Nonpublic school pupils served 41.7 by a district's educational program for pupils of limited 41.8 English proficiency must be counted for average daily membership 41.9pursuant tounder sections 126C.01, subdivisions 6 to 8, and 41.10 126C.19, subdivisions 1 to 4. 41.11 Sec. 18. Minnesota Statutes 2000, section 124D.892, as 41.12 amended by Laws 2001, chapter 7, section 32, and First Special 41.13 Session chapter 6, article 2, sections 50 and 51, is amended to 41.14 read: 41.15 124D.892 [OFFICE OFDESEGREGATION/INTEGRATION.] 41.16 Subdivision 1. [ESTABLISHMENT.] (a)An office of41.17desegregation/integration is established inThedepartment41.18 commissioner of children, families, and learningtomust 41.19 coordinate and support activities related to student enrollment, 41.20 student and staff recruitment and retention, transportation, and 41.21 interdistrict cooperation among school districts. 41.22 (b) At the request of a school district involved in 41.23 cooperative desegregation/integration efforts, theoffice41.24 commissioner shall perform any of the following activities: 41.25 (1) assist districts with interdistrict student transfers, 41.26 including student recruitment, counseling, placement, and 41.27 transportation; 41.28 (2) coordinate and disseminate information about schools 41.29 and programs; 41.30 (3) assist districts with new magnet schools and programs; 41.31 (4) assist districts in providing staff development and 41.32 in-service training; and 41.33 (5) coordinate and administer staff exchanges. 41.34 (c) Theofficecommissioner shall collect data on the 41.35 efficacy of districts' desegregation/integration efforts and 41.36 make recommendations based on the data. Theofficecommissioner 42.1 shall periodically consult with the metropolitan council to 42.2 coordinate metropolitan school desegregation/integration efforts 42.3 with the housing, social, economic, and infrastructure needs of 42.4 the metropolitan area. Theofficecommissioner shall develop a 42.5 process for resolving students' disputes and grievances about 42.6 student transfers under a desegregation/integration plan. 42.7 Subd. 2. [COORDINATION.] The commissioner may request 42.8 information or assistance from, or contract with, any state or 42.9 local agency or officer, local unit of government, or recognized 42.10 expert to assist the commissioner in performing the activities 42.11 described in subdivision 1. 42.12 Subd. 3. [ADVISORY BOARD.] The commissioner shall 42.13 establish an advisory board composed of: 42.14 (1) nine superintendents, eight of whom are selected by the 42.15 superintendents of the school districts located in whole or in 42.16 part within each of the eight metropolitan districts established 42.17 under section 473.123, subdivision 3c, and one who is from a 42.18 district outside the seven-county metropolitan area that is 42.19 considered racially isolated or that has a racially isolated 42.20 school site according to Minnesota Rules, part 3535.0110; 42.21 (2) one person each selected by the Indian affairs council, 42.22 the council on Asian-Pacific Minnesotans, the council on Black 42.23 Minnesotans, and the council on affairs of Chicano/Latino 42.24 people; and 42.25 (3) the superintendent of independent school district No. 42.26 709, Duluth. 42.27 The advisory board shall advise theofficecommissioner on 42.28 complying with the requirements under subdivision 1. The 42.29 advisory board may solicit comments from teachers, parents, 42.30 students, and interested community organizations and others. 42.31 The advisory board shall expire June 30, 2003. 42.32 Sec. 19. Minnesota Statutes 2000, section 124D.94, 42.33 subdivision 4, is amended to read: 42.34 Subd. 4. [FOUNDATION PROGRAMS.] The foundationmayshall 42.35 develop programs that advance the concept of educational 42.36 excellence in Minnesota public and nonpublic schools and 43.1 communities through public-private partnerships.These may43.2include, but are not limited to:43.3(a) recognition programs and awards for students43.4demonstrating academic excellence;43.5(b) summer institute programs for students with special43.6talents;43.7(c) recognition programs for teachers, administrators, and43.8others who contribute to academic excellence;43.9(d) summer mentorship programs with business and industry43.10for students with special career interests and high academic43.11achievements;43.12(e) governor's awards ceremonies and special campaigns to43.13promote awareness and expectation for academic achievement;43.14(f) an academic league to provide organized challenges43.15requiring cooperation and competition for public and nonpublic43.16pupils in elementary and secondary schools;43.17(g) systemic transformation initiatives and assistance and43.18training to community teams to increase school performance in43.19the state's education institutions through strategic quality43.20planning for continuous improvement, empowerment of multiple43.21stakeholders, validation of results via customer-supplier43.22relationships, and a total system approach based on best43.23practices in key process areas; and43.24(h) activities to measure customer satisfaction for43.25delivery of services to education institutions in order to plan43.26for and implement continuous improvement.43.27To the extent possible, the foundation shall make these43.28programs available to students in all parts of the state.43.29 Sec. 20. [REVISOR INSTRUCTION.] 43.30 In the next and subsequent editions of Minnesota Statutes 43.31 and Minnesota Rules, the revisor of statutes shall renumber each 43.32 section of Minnesota Statutes in column A with the number in 43.33 column B. The revisor shall also make necessary cross-reference 43.34 changes consistent with the renumbering. 43.35 A B 43.36 124D.35 124D.46, subds. 5, 7 44.1 124D.46, subd. 4 268.665, subd. 7 44.2 124D.47, subd. 2 124D.46, subds. 6, 8 44.3 Sec. 21. [REPEALER.] 44.4 Minnesota Statutes 2000, sections 124D.02, subdivision 4; 44.5 124D.06; 124D.081, subdivision 1; 124D.118, subdivision 1; 44.6 124D.124; 124D.47; 124D.91; 124D.92; and 124D.93, subdivisions 44.7 2, 3, and 6, are repealed. 44.8 ARTICLE 7 44.9 EDUCATION AND TECHNOLOGY 44.10 Section 1. Minnesota Statutes 2000, section 125B.05, 44.11 subdivision 1, is amended to read: 44.12 Subdivision 1. [INFORMATION SYSTEM.] The department of 44.13 children, families, and learning shall develop and maintaina44.14computerizedan information system for state information needs. 44.15 Sec. 2. Minnesota Statutes 2000, section 125B.05, 44.16 subdivision 2, is amended to read: 44.17 Subd. 2. [PURPOSES.] The purposes of the computerized 44.18 information system shall be: 44.19 (a) To provide comparable and accurate educational 44.20 information in a manner which is timely and economical; 44.21 (b) To ensure accountability for state appropriations; 44.22 (c) To collect data to assess the needs of learners and 44.23 children; 44.24 (d) To provide school districts with an educational 44.25 information system capability which will meet school district 44.26 management needs; and 44.27 (e) To provide forcomputerizedanalysis of educational 44.28 information to meet the management needs of the state of 44.29 Minnesota. 44.30 Sec. 3. [REPEALER.] 44.31 Minnesota Statutes 2000, section 125B.02, is repealed. 44.32 ARTICLE 8 44.33 STATE ADMINISTRATION OF EDUCATION 44.34 Section 1. Minnesota Statutes 2000, section 127A.05, 44.35 subdivision 3, is amended to read: 44.36 Subd. 3. [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 45.1 EDUCATIONAL AGENCIES.] The commissioner of children, families, 45.2 and learning shalladopt goals for andexercise general 45.3 supervision over public schools and other public educational 45.4 agencies in the state, classify and standardize public45.5elementary and secondary schools, and prepare for them outlines45.6and suggested courses of study. The commissioner shall develop45.7a plan to attain the adopted goals. The commissioner may 45.8 recognize educational accrediting agencies for the sole purposes 45.9 of sections 120A.22, 120A.24, and 120A.26. 45.10 Sec. 2. Minnesota Statutes 2000, section 127A.06, is 45.11 amended to read: 45.12 127A.06 [RECOMMENDATIONS; BUDGET.] 45.13The commissioner of children, families, and learning shall45.14recommend to the governor and legislature such modification and45.15unification of laws relating to the state system of education as45.16shall make those laws more readily understood and more effective45.17in execution.The commissioner of children, families, and 45.18 learning shall prepare a biennial education budget which shall 45.19 be submitted to the governor and legislature, such budget to 45.20 contain a complete statement of finances pertaining to the 45.21maintenanceoperations of the state department and to the 45.22 distribution of state aid. 45.23 Sec. 3. Minnesota Statutes 2000, section 127A.41, 45.24 subdivision 7, is amended to read: 45.25 Subd. 7. [SCHEDULE ADJUSTMENTS.](a) It is the intention45.26of the legislature to encourage efficient and effective use of45.27staff and facilities by districts. Districts are encouraged to45.28consider both cost and energy saving measures.45.29(b)Any district operating a program pursuant to sections 45.30 124D.12 to 124D.127, 124D.128, or 124D.25 to 124D.29, or 45.31 operating a commissioner-designated area learning center program 45.32 under section 123A.09, or that otherwise receives the approval 45.33 of the commissioner to operate its instructional program to 45.34 avoid an aid reduction in any year, may adjust the annual school 45.35 schedule for that program throughout the calendar year. 45.36 Sec. 4. [REPEALER.] 46.1 Minnesota Statutes 2000, section 127A.41, subdivision 4, is 46.2 repealed. 46.3 ARTICLE 9 46.4 PERPICH CENTER FOR ARTS EDUCATION 46.5 Section 1. Minnesota Statutes 2001 Supplement, section 46.6 129C.10, subdivision 3, is amended to read: 46.7 Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has 46.8 the powers necessary for the care, management, and control of 46.9 the Perpich center for arts education and all its real and 46.10 personal property. The powers shall include, but are not 46.11 limited to, those listed in this subdivision. 46.12 (b) The board may employ and discharge necessary employees, 46.13 and contract for other services to ensure the efficient 46.14 operation of the center for arts education. 46.15 (c) The board may receive and award grants. The board may 46.16 establish a charitable foundation and accept, in trust or 46.17 otherwise, any gift, grant, bequest, or devise for educational 46.18 purposes and hold, manage, invest, and dispose of them and the 46.19 proceeds and income of them according to the terms and 46.20 conditions of the gift, grant, bequest, or devise and its 46.21 acceptance. The board must adopt internal procedures to 46.22 administer and monitor aids and grants. 46.23 (d)The board may establish or coordinate evening,46.24continuing education, extension, and summer programs for46.25teachers and pupils.46.26(e) The board may identify pupils who have artistic talent,46.27either demonstrated or potential, in dance, literary arts, media46.28arts, music, theater, and visual arts, or in more than one art46.29form.46.30(f)The board must educate pupils with artistic talent by 46.31 providing: 46.32 (1) an interdisciplinary academic and arts program for 46.33 pupils in the 11th and 12th grades. The total number of pupils 46.34 accepted under this clause and clause (2) shall not exceed 310; 46.35 (2)additional instruction to pupils for a 13th grade.46.36Pupils eligible for this instruction are those enrolled in 12th47.1grade who need extra instruction and who apply to the board, or47.2pupils enrolled in the 12th grade who do not meet learner47.3outcomes established by the board;47.4(3)intensive arts seminarsfor one or two weeksfor pupils 47.5 in grades97 to 12; 47.6(4)(3) summer arts institutes for pupils in grades97 to 47.7 12; 47.8(5) artist mentor and(4) extension programs in regional 47.9 sites; and 47.10(6)(5) teacher education programsfor indirect curriculum47.11delivery. 47.12(g) The board may determine the location for the Perpich47.13center for arts education and any additional facilities related47.14to the center, including the authority to lease a temporary47.15facility.47.16(h)(e) The board must plan for the enrollment of pupils on 47.17 an equal basis from each congressional district. 47.18(i) The board may establish task forces as needed to advise47.19the board on policies and issues. The task forces expire as47.20provided in section 15.059, subdivision 6.47.21(j) The board may request the commissioner of children,47.22families, and learning for assistance and services.47.23(k)(f) The board may enter into contracts with other 47.24 public and private agencies and institutions for residential and 47.25 building maintenance services if it determines that these 47.26 services could be provided more efficiently and less expensively 47.27 by a contractor than by the board itself. The board may also 47.28 enter into contracts with public or private agencies and 47.29 institutions, school districts or combinations of school 47.30 districts, or service cooperatives to provide supplemental 47.31 educational instruction and services. 47.32(l)(g) The board may provide or contract for services and 47.33 programs by and for the center for arts education, including a 47.34 store, operating in connection with the center; theatrical 47.35 events; and other programs and services that, in the 47.36 determination of the board, serve the purposes of the center. 48.1(m)(h) The board may provide for transportation of pupils 48.2 to and from the center for arts education for all or part of the 48.3 school year, as the board considers advisable and subject to its48.4rules. Notwithstanding any other law to the contrary,and the 48.5 board may charge a reasonable fee for transportation of pupils. 48.6 Every driver providing transportation of pupils under this 48.7 paragraph must possess all qualifications required by the 48.8 commissioner of children, families, and learning. The board may 48.9 contract for furnishing authorized transportation under rules 48.10 established by the commissioner of children, families, and 48.11 learning and may purchase and furnish gasoline to a contract 48.12 carrier for use in the performance of a contract with the board 48.13 for transportation of pupils to and from the center for arts 48.14 education. When transportation is provided, scheduling of 48.15 routes, establishment of the location of bus stops, the manner 48.16 and method of transportation, the control and discipline of 48.17 pupils, and any other related matter is within the sole 48.18 discretion, control, and management of the board. 48.19(n)(i) The board may provide room and board for its pupils. 48.20 If the board provides room and board, it shall charge a 48.21 reasonable fee for the room and board. The fee is not subject 48.22 to chapter 14 and is not a prohibited fee according to sections 48.23 123B.34 to 123B.39. 48.24(o)(j) The board may establish and set fees for services 48.25 and programs. If the board sets fees not authorized or 48.26 prohibited by the Minnesota public school fee law, it may do so 48.27 without complying with the requirements of section 123B.38. 48.28(p)(k) The board may apply for all competitive grants 48.29 administered by agencies of the state and other government or 48.30 nongovernment sources. 48.31 ARTICLE 10 48.32 REPEAL OF RULES 48.33 Section 1. [REPEALER.] 48.34 Minnesota Rules, parts 3505.4300; 3520.0400; 3545.0600; 48.35 3545.0700; 3545.0800; 3545.0900; and 3550.0100, are repealed.